8| USER MANUAL
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.
»Failure of the operator to follow onboard safety warnings while using ALTA.
»Failure of the operator to follow and comply with local rules and regula-
tions.
»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.