APPENDIX
A DISCLAIMER
Mod: MDM/011/M2 Rev 8
IDS GeoRadar Srl
MNG/2022/007 Rev. 1.0
30/ 36
APPENDIX A
DISCLAIMER
1.
General
i.
The present Disclaimer applies to all products designed, produced
and distributed by IDS GeoRadar S.r.l., its Subsidiaries, Affiliated
and authorized Distributors (the “Products”). IDS GeoRadar S.r.l.
reserves full ownership and intellectual property rights of any
“Information” contained in this Disclaimer including Trade Marks
and Graphics. No part of this Disclaimer may be used or
reproduced in any forms without the prior written agreement of
IDS GeoRadar S.r.l.
ii.
In the event that any provision of this Disclaimer may be invalid,
unlawful or incapable of being enforced by a rule of law, all other
provisions shall, nonetheless, remain in full force and effect. Failure
to either enforce or exercise any right, privilege, or legal remedy at
any time, any provision contained in this Disclaimer, shall not be
deemed a waiver of such provisions or right, remedy, or privilege.
iii.
This Disclaimer shall be interpreted, governed, construed and
enforced in accordance with the laws of Italy. User/Buyer hereby
consents to the exclusive jurisdiction of Pisa.
2.
Initial Precautions for Setting-up and Use of the Products.
i.
The User/Buyer, for setting-up and using the Products, shall consult
the official documentation provided by IDS GeoRadar S.r.l. for the
Products (“Reference Documentation”) and carefully ascertain the
compliance with national laws and requirements, which may limit
or even forbid their use.
ii.
For Products which shall operate by circulation in Public
Areas/Roads, with or without moving traffic, Buyer/User shall verify
the approval of local authority and/or site’s owner according to their
specific procedures. IDS GeoRadar S.r.l. shall not be liable for any
direct, indirect, special, incidental or consequential damages or
injuries, including without limitation, lost revenues or lost profits,
resulting by un-authorized use of the Products in Public
Areas/Roads.
iii.
Buyer/User further warrants:
•
that these Products are not being used, in the design,
development, production or use of chemical, biological,
nuclear ballistic weapons. Buyer/ User will defend,
indemnify and hold IDS GeoRadar S.r.l. harmless against any
liabil
ity (including attorney’s fees) for non
-compliance with
the terms of this article.
•
That, if IDS GeoRadar S.r.l. requires that Buyer/User shall
carry out a training with reference to some Product
categories, no operation or use of the Products shall be
started before its designated Operator/s has got the User
Certificate, as defined by IDS GeoRadar S.r.l. specific
procedure which the Buyer confirms to know and accept.
iv.
For Products which include specific “Operational” software with
automatic data processing
and analysis “Tools”, e.g. the
IBIS
Products and Hydra Products, User shall be aware that the results
provided by these “Tools”
may be not error free. User that
completely relies on the outcomes provided by these Tools only,
does it at his own risk.
v.
In no event IDS GeoRadar S.r.l. shall be liable for special, direct,
indirect, incidental, exemplary, punitive or consequential damages
including, but not limited to, loss of profits or revenue, caused by
the use of the Products, either separately or in combination with
other products or relied upon the results provided by the above
“Tools”.
3.
Disclaimer for the “Use” of the Products.
i.
The User shall follow the instructions provided by IDS GeoRadar
S.r.l. in its official “Reference Documentation” for the Product
, in
particular the User’s Technical Manual which contains all the
specific steps and recommendations for a correct setting-up and use
of the Product.
ii.
In no event IDS GeoRadar S.r.l. shall be liable for special, direct,
indirect, incidental, exemplary, punitive or consequential damages
