APPENDIX C
–
DISCLAIMER
IDS GeoRadar S.r.l.
MNG/2017/009 Rev 1.1 49/ 54
APPENDIX C - DISCLAIMER
DISCLAIMER
Generals.
The present Disclaimer applies to all products (the “Products”) designed, produced
and distributed by
IDS
GeoRadar
s.r.l
its Subsidiaries, Affiliated and authorized
Distributors. IDS
GeoRadar
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
GeoRadar
.
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.
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
Initial Precautions for Setting-up and Use of the Products.
The Buyer, for setting-up and using the purchased Products, shall consult the
official documentation provided by IDS
GeoRadar
for the Products (“Reference
Documentation”) and carefully ascertain the compliance with national laws and
requirements, which may limit or even forbid their use.
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
GeoRadar
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.
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
GeoRadar
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
GeoRadar
specific
procedure which the Buyer confirms to know and accept.
For Products which include specific “Operational” software with automati
c data
processing and analysis “Tools”, i.e. the
IBIS Products, User shall be aware that
the results provided by these “Tools”
may be not free. User that completely relies
on the outcomes provided by these Tools only, does it at his own risk.
In no event IDS
GeoRadar
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”.
Disclaimer for the “Use” of the Products.
The User shall follow the instructions provided by IDS
GeoRadar
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.
In no event IDS
GeoRadar
shall be liable for special, direct, indirect, incidental,
