RD-100/AP-100 License

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INTELINAIR SAFESMART RD-100 UAV / AP-100 AUTOPILOT
END USER LICENSE AGREEMENT
BY USING THE SAFESMART RD-100 UAV AND/OR AP-100 AUTOPILOT, HEREIN
REFERRED TO AS THE “PRODUCT,” AS THE CASE MAY BE, EACH USER OF THE
PRODUCT SHALL BE DEEMED TO HAVE CONSENTED TO ALL OF THE TERMS
AND CONDITIONS SET FORTH IN THIS END USER LICENSE AGREEMENT,
HEREINAFTER REFERRED TO AS THE “AGREEMENT.” IF SUCH USER DOES NOT
AGREE TO ALL OF THE TERMS SET FORTH HEREIN, THE USER MUST
IMMEDIATELY RETURN THE PRODUCT AND ALL DOCUMENTATION WITHIN
THIRTY (30) DAYS OF PURCHASE FOR A FULL REFUND OF THE PURCHASE
PRICE PAID. EACH USER OF THE PRODUCT MUST FAMILIARIZE HIMSELF/
HERSELF WITH THE DOCUMENTATION ACCOMPANYING THE PRODUCT AND
THIS AGREEMENT AND CONSENT TO THE TERMS SET FORTH HEREIN BEFORE
USING THE PRODUCT. NO USER SHALL EVER OPERATE THE PRODUCT IN
CONDITIONS THAT ARE UNSAFE. INTELINAIR, INC. (THE “COMPANY”) SHALL
NOT BE LIABLE FOR ANY DAMAGE WHATSOEVER, BE IT BODILY, PROPERTY OR
OTHERWISE, CAUSED BY THE USE OR ENJOYMENT OF THE PRODUCT. THE
USER ASSUMES ALL RISKS, IN PERPETUITY, IN CONNECTION WITH THE USE OR
THE ENJOYMENT OF THE PRODUCT, UNDER ANY AND ALL CIRCUMSTANCES.
1.
GRANT OF LICENSE. The Company hereby grants the User a limited, nonsublicensable, non-transferable and non-exclusive license to use the computer software
and other proprietary materials that are incorporated into the Product (the “Software”),
but only in accordance with the user documentation provided by Company that is
included with the Product and in accordance with the terms of this Agreement. The
IntelinAir Ground Control Software included with the Product is free software subject
to the terms of the GNU General Public License version 3 found at http://www.gnu.org/
licenses. For avoidance of doubt, other than the IntelinAir Ground Control Software, no
other hardware or software component included with the Product is subject to any open
source license but rather to the terms herewithin.
1.
PRODUCT. The User may use the Product for any use provided it is does not violate
any applicable laws, rules and regulations and is otherwise ethical. The User shall not,
directly or indirectly: copy, reverse engineer, disassemble, decompile, attempt to
discover the source code or structure, sequence and organization of, or remove any
proprietary notices from, the Software or the Product, except as allowed herein.
2.
OWNERSHIP. The User acknowledges that Company may modify or discontinue
offering the Product or Software at any time. The Product and Software are protected
by the copyright laws of the United States and international copyright treaties. This
Agreement does not give the User any rights not expressly granted herein.
3.
SUPPORT AND UPGRADES. This Agreement does not obligate the Company to
provide the User with any support, upgrades, patches, enhancements, or fixes for the
Product or Software (collectively, "Support"); however, any such Support that the
Company may make available in its sole discretion shall become part of the Product
and Software and subject to this Agreement. The User may request support services
and the Company may provide support services, as it may choose, at the Company’s
then current services and support rates.
4.
INDEMNITY. The User agrees that the Company shall have no liability whatsoever for
any use the User or any third party makes of the Software or the Product. The User
hereby shall indemnify, defend and hold harmless the Company, its licensors and
suppliers from any and all damages, liability, costs, and expenses, including attorneys’
fees, arising from any and all claims related to the User’s or any third party’s use of the
Software or the Product.
1.
PRODUCT LIMITED WARRANTY. Subject to Section 5.2 (Exclusions), the
Company’s sole and limited warranty to the original retail purchaser of the Product is
that, at the time of purchase, the Product shall be free from material defects in materials
and workmanship. Subject to Section 5.2 (Exclusions), should the Product fail during
normal consumer usage and conditions due to defective materials or workmanship
within ninety (90) days from the date of purchase, or such longer period as is required
by applicable law, such defect(s) will be repaired or the Product or defective parts, as
the case may be, will be replaced at the Company’s sole option, without charge for parts
or labor directly related to the defect(s).
2.
EXCLUSIONS. The warranty set forth in this Section 5 shall not apply to problems that
arise from such things as, but not limited to (i) accident, negligence or misuse
(including collision, crash or fire); (ii) problems relating to or residing in other
components, items or services with which the Product is used; (iii) use, storage,
maintenance or repair not in accordance with the Company’s instructions, maximum
ratings and operational guidelines, specifications or applicable laws or regulations; (iv)
use in an environment, in a manner or for a purpose for which the Product was not
designed nor legally allowed; (v) damage from external causes such as dirt, sand,
battery leakage, blown fuse, or improper usage of any electrical source; or (v) any
modification, disassembly (partial or full), alteration or repair by other than Company
or an authorized representative of Company’s choosing. No warranty is offered,
expressed or implied on any third party products incorporated in the Product or
supplied with the Product. Attachment A sets forth such third party products.
3.
DISCLAIMER. To the fullest extent permitted applicable by law, and except as
expressly stated herein, the Software and Product are provided “as is” without warranty
or representation of any kind, express or implied, including without limitation, any
warranty of merchantability, non-infringement and/or fitness for a particular purpose.
Furthermore, neither the Company nor any of its suppliers or licensors warrants that the
Product will operate free from software glitches, also known as “bugs,” in the course of
operation. The User is hereby put on notice that all operation of the Product is at his or
her own risk, and that the Product is not guaranteed to operate within its operational
parameters at all times.
1.
LIMITATION OF LIABILITY. To the fullest extent permitted by law, neither the
Company nor its suppliers or licensors is liable for any additional costs incurred by the
User for substitute goods, technology, services, or rights. The Company, its suppliers
and licensors shall not be responsible for any special, indirect, incidental, punitive or
consequential damage(s), including but not limited to lost profits, loss of goodwill,
interruption of use, loss of data, accuracy of results, Software failure or malfunction, or
any matter that may arise in the course of using the Product. The User is solely liable
for his or her own conduct at all times, in any and all use or misuse of the Product and
Software. The User is hereby advised that the FAA and/or other U.S. Government
entities may have rules that limit or prohibit the use of Product above certain altitudes
or within certain ranges of the operator or airports for which the operator is responsible
and may have other restrictions and regulations. The FCC may have rules that prohibit
or limit the use of video and/or radio communications equipment supplied with the
Product or used with the Product. The User is solely liable and responsible for
ascertaining appropriate use and to obtain permissions, licenses, etc. as may be required
and to comply with all applicable laws, rules and regulations. Furthermore, the User is
advised that the batteries included with this Product can be dangerous if not operated
properly; the User shall be solely responsible for compliance with all applicable laws,
rules and regulations that govern the shipment, transport, and storage of these batteries.
The Company has included documentation from the battery manufacturer regarding
safety instructions and warnings. The User is responsible for reading and
understanding this document prior to using the batteries. The User is solely liable and
responsible for following these instructions and ensuring that the batteries are handled
safely and responsibly.
2.
HIGH RISK ACTIVITIES. The Product is not designed, manufactured, or intended for
use in environments that require failsafe systems where the failure of the Product may
lead to death, personal injury, or any other physical or environmental damage, herein
“High Risk Activities.” Use of the Product in High Risk Activities is not authorized by
the Company. The User acknowledges that the Company would not distribute the
Product absent this disclaimer, and acknowledges that all risk is that of the User, at all
times, under any circumstances.
3.
JURISDICTIONAL DIFFERENCES. Certain warranties, limitations of liability,
disclaimers, and notices set forth herein may be prohibited by law in certain areas or
not applicable in some states. If the User is operating in a jurisdiction or state that limits
the scope of any statement contained in this Agreement, the Company’s liability is
limited to the smallest possible extent allowable by law. Under no circumstances does
the Company accept liability for the actions of any user.
7.
TERMINATION. Company may terminate this Agreement and the license granted
herein immediately if the User breaches any provision of this Agreement. Upon
receiving notice of termination from Company the User will cease and desist use of the
Product. Sections 2 and 4 through 10 shall survive termination of this Agreement.
8.
EXPORT CONTROLS. The User shall comply with all export laws and restrictions and
regulations of the Department of Commerce, the United States Department of Treasury
Office of Foreign Assets Control ("OFAC"), and/or other United States or foreign
agency or authority, and not export, or allow the export or re-export of the Software or
the Product in violation of any restrictions, laws or regulations.
9.
GOVERNMENT USE. If the User or the entity the User represents is part of an agency,
department, or other entity of the United States Government ("Government"), the use,
duplication, reproduction, release, modification, disclosure or transfer of the Software
or the Product is restricted in accordance with the Federal Acquisition Regulations as
applied to civilian agencies and the Defense Federal Acquisition Regulation
Supplement as applied to military agencies. The Software or the Product is a
"commercial item," "commercial computer software" and "commercial computer
software documentation." In accordance with such provisions, any use of the Software
or the Product by the Government shall be governed solely by the terms of this
Agreement.
10.
GENERAL.
1.
ASSIGNMENT. This Agreement is personal to the User and the User may not assign or
transfer this Agreement or the Software to any third party under any circumstances. The
Company may freely assign or transfer this Agreement or any rights or obligations
hereunder.
2.
ENTIRE AGREEMENT. This Agreement, together with any accompanying
documentation which is hereby incorporated in this Agreement by reference, constitutes
the complete and exclusive statement of the mutual understanding of the parties and
supersedes all previous written and oral agreements, communications and other
understandings, and/or any past communications or industry customs related to the
Product or Software.
3.
SEVERABILITY. If any provision of this Agreement is held to be unenforceable or
invalid for any reason, such provision shall be reformed only to the extent necessary to
make it enforceable, or limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect, and enforceable.
4.
GOVERNING LAW. This Agreement shall be governed by and construed under
California law. The User submits to the exclusive jurisdiction of the Federal and State
Courts located in Santa Clara County, California.
INTELINAIR, INC.
90 GREAT OAKS BL. STE. 202
SAN JOSE, CA 95119-1314
www.intelinair.com
[email protected]
ATTACHMENT A: LIST OF THIRD PARTY PRODUCTS
Included in RD-100:
•
DJI Frame, Landing Gear, Propellers, ESCs, Motors
•
3D Robotics GPS Unit
•
Spektrum Receiver / Transmitter
•
Thunder Power Batteries
•
Hitec Battery Charger
•
Microchip PICkit 3
Included in RD-100 Imaging Package (optional):
•
Feiyu Tech Gimbal
•
GoPro Camera
Included in AP-100 (if purchased standalone):
•
3D Robotics GPS Unit
•
Microchip PICkit 3
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