
10| OPERATION MANUAL
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL FREEFLY SYSTEMS BE LIABLE TO THE BUYER FOR ANY INDIRECT,
CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY DAMAGES
WHATSOEVER RESULTING FROM THE USE OF PRODUCT 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 OR ITS LICENSORS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS BY BUYER. IN NO EVENT WILL FREEFLY OR ITS LICENSORS BE LIABLE FOR DAMAGES
ARISING OUT OF ANY LATE DELIVERY. 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. THE LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHERE THE
DAMAGES ARISE OUT OF OR RELATED TO THIS AGREEMENT.
Freefly shall not be liable for damages or injuries incurred directly or indirectly from the use of
Pilot Controller 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 understand and operate Pilot Controller within the operating
limitations described in this manual.
»Failure of the operator to follow on-board safety warnings while using Pilot Controller or
Freefly products.
»Failure of the operator to inspect Pilot Controller and its components prior to operation.
»Failure of the operator to properly maintain and/or service Pilot Controller through an
authorized Freefly Service Center with genuine Pilot Controller parts.
»Use of third-party products on Pilot Controller.
»Use of Pilot Controller in unsafe conditions, including but not limited to, bad or severe
weather, such as rain, wind, snow, lightning, dust storms, etc.
»Improper operation, misjudgment or risky behavior while using Pilot Controller or
Freefly products.
»Infringement of third party data, audio or video rights recorded when using Pilot
Controller or Freefly products.