Intel Corporation and Buyer agree that these terms apply to any Intel® Aero Ready to Fly Drone (Aero RTF Drone) purchase:
1. Scope of Use. Buyer may use Aero RTF Drone solely within the scope of Buyer’s trade or profession to develop commercial products and applications related to Aero RTF Drone. Buyer agrees not to offer for sale, sell, transfer or distribute the Aero RTF Drone to any third party. Buyer agrees not to use Aero RTF Drone in any “mission critical application” in which the failure of Aero RTF Drone could result, directly or indirectly, in personal injury or death.
2. No Warranty, Disclaimer of All Warranties, and Limitation of Liability Aero RTF Drone is provided “As Is.” If a consumer warranty law is found to govern the sale of Aero RTF Drone, then Intel will provide the rights and remedies required by that law.
3. Remedies. At Intel’s sole discretion, Intel will, within thirty (30) days from the date of purchase, repair or replace a defective Aero RTF Drone, or provide a refund, which will be your sole remedies. Except for the remedies set forth in the prior sentence, intel disclaims and excludes all other warranties, whether express, implied, or statutory, including any warranty of merchantability, any warranty of fitness for a particular purpose, any warranty of non-infringement, and any implied warranties otherwise arising from course of performance, course of dealing, or usage of trade.
4. Limitation of Liability. Intel shall not be liable for any incidental or consequential damages for breach of any warranty, whether resulting from non-delivery or from the use, misuse, or inability to use the product or from defects in the product or from the negligence or other tort of Intel. this exclusion covers, without limitation, damages for loss of use, revenue, or profit, cost of substitute equipment, additional costs incurred by purchaser, and claims by purchaser’s customers or other third parties.
5. License. https://github.com/intel-aero/meta-intel-aero/blob/master/LICENSE
6. Compliance with Applicable Laws. To the extent permitted by applicable law, Intel also disclaims all liability for any damage, direct or indirect, arising from the use of the UAV (i) that is caused by any modification or addition of software or hardware, including re-design, made by the Operator or any other third party, (ii) in breach of Intel’s above Safety guidelines, Safety precautions or any other Intel documentation, (iii) in violation of any applicable laws or regulations, (iv) in violation of any of the operating limitations of the UAV, or (v) from any error of the Operator.
7. Applicable Law. The laws of the State of Delaware, excluding its conflict of laws principles, shall govern the sale of Aero RTF Drone 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.