User Guide

Specification for Spektrum X-Bus Telemetry Sensors
Page 3 Rev E
REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK
WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE
WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS
OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE
CORRECTED.
4. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW:
IN NO EVENT WILL HORIZON OR ITS AFFILIATES, OR ANY OF ITS OR THEIR
RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE
TELEMETRY SYSTEM OR IMPLEMENTATION DATA, LOST REVENUES OR PROFITS,
DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR
CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE
FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER,
READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT
INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT
COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE
DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE
AND WHETHER OR NOT HORIZON WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
5. Intellectual Property Rights. You acknowledge and agree that The Telemetry System is provided
under license, and not sold, to you. You do not acquire any ownership interest in The Telemetry
System or data implementation under this Agreement or any other rights thereto other than to use
the same in accordance with the license granted, and subject to all terms, conditions and
restrictions, under this Agreement. Horizon reserves and shall retain its entire right, title and
interest in and to the Telemetry System and all Intellectual Property Rights arising out of or relating
to the technology, except as expressly granted to the Licensee in this Agreement. You shall use best
efforts to safeguard The Telemetry System (including all copies thereof) from infringement,
misappropriation, theft, misuse or unauthorized access. You shall promptly notify Horizon if you
become aware of any infringement of Horizon’s Intellectual Property Rights in The Telemetry
System and fully cooperate with Horizon in any legal action taken by Horizon to enforce its
Intellectual Property Rights.
6. Indemnification. You agree to indemnify, defend and hold harmless Horizon and its officers,
directors, employees, agents, affiliates, successors and assigns from and against any and all losses,
damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards,
penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or
relating to your use or misuse of the Telemetry System or your breach of this Agreement.