User's Manual

APPENDIX A. Disclaimer
IDS GeoRadar s.r.l. MN/2016/011 Rev 1.0 Draft 28/ 36
APPENDIX A DISCLAIMER
1. Generals.
i. The present Disclaimer applies to all products (the “Products”)
designed, produced and distributed by Ingegneria Dei Sistemi SpA
- Georadar Division (“IDS”), its Subsidiaries, Affiliated and
authorized Distributors. IDS reserves full ownership and intellectual
property rights of any “Information” contained in this Disclaimer
including Trade Marks and Graphics. No part of this Disclaimer
may be used or reproduced in any forms without the prior written
agreement of IDS.
ii. In the event that any provision of this Disclaimer may be invalid,
unlawful or incapable of being enforced by a rule of law, all other
provisions shall, nonetheless, remain in full force and effect.
Failure to either enforce or exercise any right, privilege, or legal
remedy at any time, any provision contained in this Disclaimer,
shall not be deemed a waiver of such provisions or right, remedy,
or privilege.
iii. This Disclaimer shall be interpreted, governed, construed and
enforced in accordance with the laws of Italy. Buyer hereby
consents to the exclusive jurisdiction of Pisa
1. Initial Precautions for Setting-up and Use of the Products.
i. The Buyer, for setting-up and using the purchased Products, shall
consult the official documentation provided by IDS for the Products
(“Reference Documentation”) and carefully ascertain the
compliance with national laws and requirements, which may limit or
even forbid their use.
ii. For Products which shall operate by circulation in Public
Areas/Roads, with or without moving traffic, Buyer/User shall verify
the approval of local authority and/or site’s owner according to their
specific procedures. IDS shall not be liable for any direct, indirect,
special, incidental or consequential damages or injuries, including
without limitation, lost revenues or lost profits, resulting by un-
authorized use of the Products in Public Areas/Roads.
iii. For IBIS Products Family, Buyer/User warrants:
 that these Products are not being used, in the design,
development, production or use of chemical, biological,
nuclear ballistic weapons. Buyer/ User will defend,
indemnify and hold IDS harmless against any liability
(including attorney’s fees) for non-compliance with the
terms of this article.
 that no operation or use of the IBIS products shall be
started before its designated Operator/s has got the IBIS
User Certificate, as defined by IDS specific procedure
which the Buyer confirms to know and accept.
iv. For Products which include specific “Operational” software with
automatic data processing and analysis “Tools”, i.e. the IBIS
Products, User shall be aware that the results provided by these
“Tools” may be not error free. User that completely relies on the
outcomes provided by these Tools only, does it at his own risk.
v. In no event IDS shall be liable for special, direct, indirect, incidental,
exemplary, punitive or consequential damages including, but not
limited to, loss of profits or revenue, caused by the use of the
Products, either separately or in combination with other products or
relied upon the results provided by the above “Tools”.
2. Disclaimer for the “Use” of the Products.
i. The User shall follow the instructions provided by IDS in its official
“Reference Documentation” for the Product, in particular the User’s
Technical Manual which contains all the specific steps and
recommendations for a correct setting-up and use of the Product.
ii. In no event IDS shall be liable for special, direct, indirect, incidental,
exemplary, punitive or consequential damages including, but not
limited to, loss of profits or revenue, caused by the missed or
incomplete observance of the instructions and prescriptions for the
use of the Products, either separately or in combination with other
products, in particular for the following main aspects:
a. Use of IDS Products outside its limitation of use, without
proper and adequate scientific/technical knowledge or
without specific training.
b. Use of results/outcomes of the measurements performed
by the Product aimed to safety aspects without using
adequate control procedures and assessment by skilled
personnel.
c. Opening of the Equipment (for HW Products) without
express written authorization of IDS.
d. Unauthorized changes and additions to the Products.
e. Use of the Products connected to suspected non-working
equipment or with equipment (mainly PC) having