5
| SETUP GUIDE
LIMITATION OF LIABILITY
IN NO EVENT SHALL FREEFLY BE LIABLE TO BUYER FOR ANY
INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE
OF ALTA OR FROM LOSS OF USE, DATA OR PROFITS (HOWEVER CAUSED
AND UNDER ANY THEORY OF LIABILITY), EVEN IF FREEFLY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL FREEFLY’S LIABILITY FOR A PRODUCT (WHETHER ASSERTED
AS A TORT CLAIM, A CONTRACT CLAIM OR OTHERWISE) EXCEED THE
AMOUNTS PAID TO FREEFLY FOR SUCH PRODUCT. NOTWITHSTANDING
ANYTHING HEREIN, IN NO EVENT SHALL FREEFLY’S LIABILITY FOR
ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT
EXCEED THE AMOUNTS PAID BY BUYER TO FREEFLY FOR PRODUCT
IN THE LAST TWELVE (12) MONTHS. IN NO EVENT WILL FREEFLY BE
LIABLE FOR COSTS OF PROCUREMENT OR SUBSTITUTE GOODS BY
BUYER. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ALL
LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST
BUYER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Freefly shall not be liable for damages or injuries incurred directly
or indirectly from the use of ALTA including, but not limited to, the
following situations:
»Failure of operator to follow proper instructions and safety warnings
found at www.freeflysystems.com/software-manuals/.
»Failure of the operator to follow onboard safety
warnings while using ALTA.
»Failure of the operator to follow and comply
with local rules and regulations.
»Failure of the operator to inspect ALTA and its
components prior to operation.
»Failure of the operator to properly maintain and/or service
ALTA through an authorized Freefly Service Center
with genuine ALTA parts.
»Use of third-party products on ALTA.
»Use of ALTA in a physically or mentally
impaired capacity.
»Use of ALTA without sufficient training.
»Use of ALTA in unsafe conditions, including, but not limited to, bad
or severe weather, such as rain, wind, snow, lightning, dust storms,
etc., or in areas of magnetic or radio interference, such as power
stations, broadcasting and cell phone towers,
government prohibited airspace, etc.
»Improper operation, misjudgment or risky behavior
while using ALTA.
»Infringement of third-party data, audio or video
rights recorded when using ALTA.
