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INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE PURCHASER ACKNOWLEDGES THAT THE PURCHASER ALONE
HAS DETERMINED THAT THE PRODUCT WILL SUITABLY MEET THE REQUIREMENTS OF THE PURCHASER’S
INTENDED USE. THE EXTENT OF XCRAFT’S LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR
REPLACEMENT AS PROVIDED ABOVE, AND IN NO EVENT SHALL XCRAFT’S LIABILITY EXCEED THE PURCHASE
PRICE PAID BY PURCHASER FOR THE X PLUSONE PRODUCT.
b)
Accessories
The above limited warranty in Section 8.1 only extends to the X PlusOne unit accompanying this Manual and
does not extend to the radio controller, camera or any other accessory sold or provided with the X PlusOne (if
applicable). The radio controller, camera and any other accessories sold or provided with the X PlusOne (if
applicable) each have separate manuals or documentation that may or may not include warranties for such
accessory. Any representations or warranties provided for in those manuals or any associated documentation
are not representations or warranties made by XCraft, and in no case shall any such representations or
warranties extend to XCraft or the X PlusOne.
c)
Limitation of Liability
XCraft’s total maximum aggregate liability for damages relating to the sale and operation of the X PlusOne
product shall not exceed the purchase price paid for the product. In no event shall XCraft be liable for, and
purchaser and all operators of the product waive and release any claim (in contract, tort, breach of statutory
duty or otherwise) against XCraft for, any and all indirect, special incidental or consequential damages as well as
any and all lost revenues, profits or prospective economic or non-economic advantage (whether direct or
indirect).
d)
Indemnification
Purchaser and each operator hereby agrees to indemnify, save and hold XCraft and its officers, directors,
shareholders, agents, and employees harmless from any and all damages, injuries or any other loss which is
caused by the acts or omissions of purchaser or any operator of the X PlusOne, regardless of whether based
upon negligence, strict liability in tort, breach of warranty or other theory of recovery or any other cause of
action.
e)
Software
The software included in this X PlusOne unit contains copyrighted software that is licensed in its entirety under
the GPLv3. You may obtain the complete Corresponding Source Code for the software from XCraft for a period
of three years after the last shipment of this product and/or spare parts therefore, which will be no earlier than
2015-11-19, on XCraft Enterprise’s website at http://xcraft.io. The licensed software contained herein was
modified by XCraft Enterprises, LLC on 2015-10-15. Future updates to the Corresponding Source Code will be
provided on XCraft Enterprise’s website with corresponding installation information. NOTWITHSTANDING THE
FOREGOING, ANY MODIFICATION OF THE SOFTWARE INCLUDED IN THIS X PLUSONE BY PURCHASER OR ANYONE
OTHER THAN XCRAFT WILL EFFECTIVELY VOID ANY AND ALL WARRANTIES CONTAINED HEREIN.
