User's Manual

AM600 – Ver. 1.0 – User Manual
Mod: MDM/011/M2 Rev 6
IDS GeoRadar Srl User Manual MNG/2020/001 Rev. 1.0 12/ 17
APPENDIX A DISCLAIMER
1. Generals.
i. The present Disclaimer applies to all products designed, produced and distributed
by IDS GeoRadar s.r.l., its Subsidiaries, Affiliated and authorized Distributors (the
“Products”). IDS GeoRadar s.r.l. 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 s.r.l.
ii. 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.
iii. This Disclaimer shall be interpreted, governed, construed and enforced in
accordance with the laws of Italy. User/Buyer hereby consents to the exclusive
jurisdiction of Pisa.
2. Initial Precautions for Setting-up and Use of the Products.
i. The User/Buyer, for setting-up and using the Products, shall consult the official
documentation provided by IDS GeoRadar s.r.l. for the Products (“Reference
Documentation”) and carefully ascertain the compliance with national laws and
requirements, which may limit or even forbid their use.
ii. 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 s.r.l. 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.
iii. Buyer/User further warrants:
o 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 s.r.l. harmless against any
liability (including attorney’s fees) for non-compliance with the terms of this
article.
o That, if IDS GeoRadar s.r.l. requires that Buyer/User shall carry out a training
with reference to some Product categories, no operation or use of the
Products shall be started before its designated Operator/s has got the User
Certificate, as defined by IDS GeoRadar s.r.l. specific procedure which the
Buyer confirms to know and accept.
iv. For Products which include specific “Operational” software with automatic data
processing and analysis “Tools”, e.g. the IBIS Products and Hydra Products, User
shall be aware that the results provided by these “Tools” may be not error free.
User that completely relies on the outcomes provided by these Tools only, does it
at his own risk.
v. In no event IDS GeoRadar s.r.l. 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”.
3. Disclaimer for the “Use” of the Products.
i. The User shall follow the instructions provided by IDS GeoRadar s.r.l. 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.
ii. In no event IDS GeoRadar s.r.l. 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 missed or incomplete observance of the
instructions and prescriptions for the use of the Products, either separately or in
combination with other products, including but not limited to the following main
aspects:
a. Use of IDS GeoRadar s.r.l. Products outside its limitation of use, without
proper and adequate scientific/technical knowledge or without specific
training.
b. Use of results/outcomes of the measurements performed by the Product
aimed to safety aspects without using adequate control procedures and
assessment by skilled personnel.
c. Opening of the Equipment (for HW Products) without express written
authorization of IDS GeoRadar s.r.l.;