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 understand and operate the aircraft within the
operating limitations described in this manual.
»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.
