Intel Corporation and Buyer agree that these terms apply to any Intel® Aero Platform for UAVs (Aero) purchase:
1. Scope of Use. Buyer may use Aero solely within the scope of Buyer’s trade or profession to develop commercial products and applications related to Aero. Buyer agrees not to offer for sale, sell, transfer or distribute the Aero to any third party. Buyer agrees not to use Aero in any “mission critical application” in which the failure of Aero could result, directly or indirectly, in personal injury or death.
2. Disclaimer of All Warranties. Aero is provided “As Is.” Intel disclaims any and all warranties and guarantees, express, implied or otherwise, with respect to Aero including, without limitation, the WARRANTY OF MERCHANTABILITY, the WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, and any warranty of non-infringement of the intellectual property rights of any third party. If a consumer warranty law is found to govern the sale of Aero, then Intel will provide the rights and remedies required by that law.
3. Remedies. At Intel’s sole discretion, Intel will, within ninety (90) days from the date of purchase, repair or replace a defective Aero, or provide a refund, which will be your sole remedies.
4. Limitation of Liability. Buyer will use Aero and incorporate it into an unmanned aerial vehicle (“UAV”) or other assembly strictly at Buyer’s own risk. Intel will not be liable to Buyer for any direct or indirect damages incurred in using Aero. In no event will Intel be liable for loss of profits, loss of use, loss of data, or business interruption or for punitive, incidental, consequential, or special damages of any kind, even if advised of the possibility of such damages.
5. License. https://github.com/intel-aero/meta-intel-aero/blob/master/LICENSE
6. Compliance with Applicable Laws. For any UAV or other application that Buyer develops incorporating Aero, Buyer shall operate the UAV in compliance with (a) all laws and regulations that apply where the UAV is located or operated and (b) safe operating practices.
7. Applicable Law. The laws of the State of Delaware, excluding its conflict of laws principles, shall govern the sale of Aero and the rights of Intel and Buyer. The U.N. Convention on Contracts for the Sale of Goods shall not apply.
8. Severability. If any of these terms is held invalid or unenforceable, the remainder shall have full force and effect, and the invalid term shall be modified to the maximum extent the law permits to effectuate the parties’ intent.