Product Info

ORIGINAL INSTRUCTIONS
Strictly confidential
DISCLAIMER
Terms with initial capital letters shall have the following meanings:
“Agreement” ...........means the conditions of use of this Original Instructions and any other agreement between You and
Flyability per which the Product has been delivered to You, including but not limited to Flyability’s
General Terms and Conditions.
“Flyability” ..............means Flyability SA, a company incorporated in the Canton of Vaud in Switzerland under federal
number CH-550.1.156.670-6 (IDE CHE-348.376.646) having its registered offices at EPFL Innovation
Park BLDG C, 1015 Lausanne, Switzerland
“Product” ................means all goods and services described in this document.
“You” ......................means the person or legal entity to which the Product is delivered or who is operating the aircraft
All rights related to this document and all information it contained are the property of Flyability. REPRODUCTION, USE
OR DISCLOSURE TO THIRD PARTIES WITHOUT PRIOR WRITTEN PERMISSION FROM FLYABILITY IS STRICTLY PROHIBITED.
By using the Products, software and systems of Flyability, You fully accept and consent, without reserve, Flyability’s
warranty and liability terms stated below and all other terms and conditions agreed between You and Flyability.
1. Product limited warranty
By using the Product, You hereby signify that you have read, fully understood and agreed this disclaimer and the original
instructions, and You agree that the Product:
(i) Can only be operated by Flyability Certified Elios 2 Pilot and, if required by laws, with other drone pilot
licenses or any other certification necessary to pilot Elios 2; and
(ii) Presents a risk of physical injuries if wrongly used; and
(iii) Presents a risk of damaging Your and Third-parties’ property if wrongly used; and
(iv) May be unfitted to Your needs and purposes; and
(v) Is intended to be used by Flyability Certified Elios 2 Pilot for industrial and professional purposes only; and
(vi) Should not be used under influence of alcohol, drugs or any substances that may impair cognitive abilities;
and
(vii) Is subject to local regulations that could prevent its use.
You shall pursue available remedies to You according to the Agreement. The warranty shall exclude defects due to mis-
use, non-observation of the Original Instructions, moisture or liquids, explosive gas, proximity or exposure to heat at
temperatures exceeding the Operating temperature of 50 degrees Celsius, excessive strain, abuse, neglect, misapplica-
tion, repairs or modifications made by anyone other than Flyability or certified by Flyability. There are no express or
implied warranties, representations or conditions other than those stated in this limited warranty and the Agreement.
The remedy set forth herein and in the Agreement shall be the sole, exclusive remedy with respect to the Product.
2. Product liability
IN NO EVENT OR UNDER ANY CIRCUMSTANCE, UNLESS EXPRESSLY STATED IN THE AGREEMENT, SHALL FLYABILITY SA,
ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU OR TO ANY THIRD PERSON CLAIMING RIGHTS DERIVED
FROM YOUR RIGHTS, IN CONTRACT, TORT OR OTHERWISE, FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY YOU OR A THIRD PARTY WHILE OPERATING OR USING
THE PRODUCT, ANY DAMAGES CAUSED BY FAILURE OF THE ELECTRONICS OR SOFTWARE, ANY LOSS OF REVENUE, LOSS
OF PROFIT, OR LOSS OF DATA WHETHER BASED UPON ANY ALLEGED BREACH OF WARRANTY, REPRESENTATION OR
CONDITION, CONTRACT, OR ANY OTHER CONDUCT INCLUDING NEGLIGENCE (INTENTIONAL OR OTHERWISE), GIVING
RISE TO SUCH CLAIM. A Party who relies on a breach of the other Party’s obligations under this Agreement, shall take
any and all reasonable measures in the circumstances to mitigate the consequences, including loss of profit, resulting
from the breach. If it fails to take such measures, the Party in breach may claim a reduction in the damages in the amount
by which the consequences should have been mitigated.
YOU SHALL NOT OPERATE THE PRODUCT IN AREAS OR UNDER CIRCUMSTANCES WHERE A FAILURE COULD CAUSE
DAMAGES AND/OR HARM TO OBJECTS AND/OR PEOPLE. YOU SHOULD HAVE READ AND UNDERSTOOD THE ORIGINAL
INSTRUCTIONS COMPLETELY BEFORE OPERATING THE PRODUCT. ANY DAMAGE AND/OR HARM ARISING FROM NOT
ACCURATELY FOLLOWING THE PROCESSES AND GUIDANCE FROM THE ORIGINAL INSTRUCTIONS SHALL BE THE SOLE
RESPONSIBILITY OF THE OPERATOR OF THE UAV.