F display Version 1.21
December 2018
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4.
Manipulation.
It is forbidden to intentionally feed artificially generated signals to the
FLARM device, its GPS antenna or the external/internal GPS antenna connections, unless
agreed with FLARM Technology in writing for limited R&D activities.
5.
FLARM Data and Privacy
5.1.
FLARM devices receive, collect, store, use, send, and broadcast data to enable the
system to work, improve the system, and to enable troubleshooting. This data may
include, but is not limited to, configuration items, aircraft identification, own
positions, and such data of other aircraft. FLARM Technology may receive, collect,
store, and use this data for said or other purposes including Search and Rescue
(SAR).
5.2.
FLARM Technology may share data with its partners for aforementioned or other
purposes. FLARM Technology may in addition publicly make available data from a
FLARM device (Flight Tracking). If a FLARM device has been configured to limit
tracking, SAR and other services may not be available.
5.3.
Data sent or broadcast by FLARM devices may only be used at own risk and under
the same conditions as the FLARM device itself, and is encrypted partially to ensure
message integrity, system safety and provide protection for the relevant content
against eavesdropping, namely by article 3 of the Budapest Convention on
Cybercrime as signed and ratified by most countries respectively its national
implementations. FLARM Technology is not responsible for any third party device,
software, or service receiving, collecting, storing, using, sending, broadcasting, or
making publicly available data regardless of whether legally or illegally.
6.
Warranty, Limitation of Liability, and Indemnification
6.1.
Warranty.
FLARM devices, software, firmware, license keys, and data are provided
on an "as is" basis without warranty of any kind — either expressed or implied —
including, without limitation, any implied warranties of merchantability or fitness for a
particular purpose. FLARM Technology does not warrant the performance of the
device, software, firmware, license key, or data or that the device, software,
firmware, license key, or data will meet your requirements or operate error free.
6.2.
Limitation of Liability.
In no event shall FLARM Technology be liable to you or any
party related to you for any indirect, incidental, consequential, special, exemplary, or
punitive damages (including, without limitation, damages for loss of business profits,
business interruption, loss of business information, loss of data or other such
pecuniary loss), whether under a theory of contract, warranty, tort (including
negligence), products liability, or otherwise, even if FLARM Technology has been
advised of the possibility of such damages. In no event will FLARM Technology’s total
aggregate and cumulative liability to you for any and all claims of any kind arising
hereunder exceed the amount of fees actually paid by you for the device, license keys
or data giving rise to the claim in the twelve months preceding the claim. The
foregoing limitations will apply even if the above stated remedy fails of its essential
purpose.
6.3.
Indemnification.
You will, at your own expense, indemnify and hold FLARM
Technology, and all officers, directors, and employees thereof, harmless from and
against any and all claims, actions, liabilities, losses, damages, judgments, grants,
costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”),
arising out of any use of a FLARM device, software, firmware, license key, or data by
you, any party related to you, or any party acting upon your authorization.
