User's Manual

| SMH10R
26
The S MH10R is c ompliant w ith a nd adopts t he B luetooth
®
Specification version 3. 0 and has s uccessfully passed a ll
interoperability tests that are specified in the Bluetooth
®
specification. However, interoperability between the device and
other Bluetooth
®
-enabled products is not guaranteed.
WAIVER AND GENERAL RELEASE
By using the SMH10R you waive all substantial legal rights including the right to sue. Please read the following carefully
before using the device. If you do not accept all terms of this agreement, you should immediately return the product for a
full r efund. B y using t he headset you agr ee t o b e boun d t o t his agr eement and f orfeit t he r ight t o s ue. U sing a
communication device while r iding a m otorcycle, s cooter, m oped, A TV, quad-bike or an y other v ehicle or equ ipment,
whether o n land, water or ai r ( jointly referred to as “ Vehicle”) requires your complete and und ivided at tention. S ena
Technologies, I nc., i ncluding i ts O fficers, D irectors, Affiliates, P arent C ompany, R epresentatives, Agents, C ontractors,
Sponsors, E mployees, S uppliers a nd R esellers ( jointly referred to as the “ Company” or “ Sena”) s trongly advise you to
take al l nec essary precautions and r emain a lert t o t he t raffic, weather an d r oad c onditions i f you c hoose t o us e t he
SMH10R headset, including all derivative models irrespective of its commercial name or branding (the “Device”), and stop
your Vehicle on t he r oadside pr ior t o initiating or r eceiving c alls. Any pu blications, ad vertisements, anno uncements or
similar notes that refer to using the Device while riding a Vehicle are solely intended to address its technical capabilities
and should not be misconstrued as if encouraging users to operate the Device while actively involved in traffic.
By way of pur chasing t his D evice an d n ot r eturning i t f or a f ull r efund ( see bel ow), you are irrevocably r eleasing,
indemnifying f rom an y l iability, l oss, c laim and ex pense ( including at torney’s f ees) and ho lding Sena h armless for an y
bodily injuries, har m or de ath as well as l osses or d amages i n g oods, t o an y Vehicles i ncluding your o wn, or to any
property or as set t hat be long t o you or t o t hird par ties, an y of w hich m ay r esult f rom us ing t he D evice under a ny
circumstances or c onditions and i rrespective of j urisdiction. S ena will no t be r esponsible f or an y physical dam ages,
irrespective of reasons, conditions or circumstances, including malfunctioning of the Device, and all risks associated with
operating it rest solely and entirely with the user of this Device, irrespective of whether the Device is used by the original
purchaser or any third party.
Sena hereby notifies you that using this Device may also be in contravention to local, federal, state or national laws or
regulations, and that any use of the Device is entirely at your sole risk and responsibility.
1 You, your he irs, l egal r epresentatives, s uccessors or as signs, her eby voluntarily and f orever r elease, d ischarge,
indemnify and hold harmless Sena from any and all litigation, claims, debts, demands, actions and liability which may
arise, d irectly or i ndirectly, f rom us ing t he D evice f or an y d istress, pai n, s uffering, discomfort, l oss, i njury, deat h,
damages t o or i n r espect t o a ny person or pr operty however c aused, WHETHER A RISING F ROM T HE
NEGLIGENCE OR OTHERWISE, and which may hereafter accrue to you on some future date as a result of said use,
to the fullest extent permitted by law.
2 You fully understand and assume the risks in using the Device, including risk of negligent acts or omissions by others.
3 You confirm that you are physically capable to use the Device and that you have no medical conditions or needs that
may infringe upon your abilities to do so in a safe manner. You confirm that you are at least eighteen (18) years of
age and that you have been advised of the risks associated with the use of the Device. You further confirm that you
will not consume any alcohol that may affect your alertness or any mind-altering substance, and will not carry, use or
consume these substances before or during the use of the Device.
4 You f ully acknowledge our warnings and understand that: ( a) r isks and da ngers ex ist in using the D evice while in
traffic, including but not limited to i njury or i llness, s trains, fractures, partial a nd/or t otal par alysis, death or other
ailments t hat c ould c ause serious di sability; ( b) t hese r isks and dan gers m ay b e c aused b y t he ne gligence of the
manufacturers or its agents or any third party involved in designing or manufacturing the Device; (c) these risks and
dangers m ay ar ise f rom f oreseeable or unforeseeable c auses. You h ereby assume al l r isks and dangers an d all
responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct
of others, including the Company.