Disclaimer and Warning
IMPORTANT – Please read this disclaimer and warning carefully, and review the Movi Gimbal Operation Manual prior to use. If you have any questions, please contact firstname.lastname@example.org prior to using the Movi. You can review the most current version of this Operation Manual at www.freeflysystems.com/software-manuals. By using Movi, you acknowledge that you have read, understand, and agree to this disclaimer. You agree that you are solely responsible for your conduct while using Movi and for any direct or indirect consequences that may result from its use. Freefly Systems reserves the right to revise this Operation Manual and make changes from time to time without obligation to notify any persons of such revisions or changes. In no event shall Freefly Systems, its employees or authorized agents be liable for any damages or losses, direct or indirect, arising from the use of any technical or operational information contained in this document.
- Always check Movi prior to operation.
- Always maintain awareness of your surroundings when operating Movi.
- It is your responsibility to learn how to safely operate Movi.
- Movi is a tuned system with custom components selected for each application. Modification to, removal, or substitution of Movi components will void the warranty.
- It is your responsibility to create shots that amaze the world.
Limitations of Liability
IN NO EVENT SHALL FREEFLY SYSTEMS BE LIABLE TO THE BUYER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF PRODUCT OR FROM LOSS OF USE, DATA OR PROFITS (HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY), EVEN IF FREEFLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FREEFLY’S LIABILITY FOR A PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO FREEFLY FOR SUCH PRODUCT. NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT SHALL FREEFLY’S LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY BUYER TO FREEFLY FOR PRODUCT IN THE LAST TWELVE (12) MONTHS. IN NO EVENT WILL FREEFLY OR ITS LICENSORS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER. IN NO EVENT WILL FREEFLY OR ITS LICENSORS BE LIABLE FOR DAMAGES ARISING OUT OF ANY LATE DELIVERY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHERE THE DAMAGES ARISE OUT OF OR RELATED TO THIS AGREEMENT.
Freefly shall not be liable for damages or injuries incurred directly or indirectly from the use of Movi including, but not limited to, the following situations:
- Failure of operator to follow proper instructions and safety warnings found at www.freeflysystems.com.
- Failure of the operator to understand and operate the gimbal within the operating limitations described in this manual.
- Failure of the operator to follow onboard safety warnings while using Movi.
- Failure of the operator to inspect Movi and its components prior to operation.
- Use of third-party products on Movi.
- Use of Movi in unsafe conditions, including but not limited to, bad or severe weather, such as rain, wind, snow, lightning, dust storms, etc.
- Improper operation, misjudgment or risky behavior while using Movi.
- Infringement of third party data, audio or video rights recorded when using Movi.
Buyer will not cause or permit the modification or reverse engineering of software, electronics or sealed components of Freefly Product without express written consent from Freefly. Buyer will not develop or use non-Freefly approved products or software that plug into or directly affect the function or performance of Freefly Product without express written consent from Freefly. Buyer will not cause or permit any reverse engineering of Freefly Product. Buyer will not provide repair services for Freefly Product without the express written consent from Freefly. Buyer will not use Freefly’s trademarks, including as part of a domain or company name or in keywords or online search optimizations, without the express written consent from Freefly.
- Freefly warrants all products will be of good quality and workmanship and free from material defects. Upon the expiration of the time periods below, all liabilities of Freefly will terminate. In no event shall Freefly be liable for consequential damages. Freefly may use refurbished parts for repairs or replacements. Certain products may be subject to a separate software license agreement.
- Standard Warranty – A Standard Warranty is granted to the original purchaser by Freefly for a period of one (1) year, parts and labor. The Standard Warranty does not apply to batteries. The Standard Warranty covers parts and labor charges for Product that has been returned to an Authorized Service Center. All warranty returns shall be done in accordance with Freefly’s warranty Return Authorization (“RA”) policy. Any repaired or replaced Product shall be warranted as set forth in this section for a period the greater of (i) the balance of the applicable warranty period relating to such Product or (ii) ninety (90) days after it is received by Buyer. Only the components that were repaired or replaced will be eligible for the 90-day period as set forth above. The Standard Warranty effective date is the date of “ex works” from Woodinville, Washington.
- Freefly Refurbished Product Standard Warranty – All Freefly Product sold as refurbished are warranted for a period of ninety (90) days.
- Certain Freefly Product may contain an additional warranty beyond the Standard Warranty. Such a warranty only applies if the warranty is expressly contained on the Product invoice. The warranty covers parts and labor for the period specifically stated on the Product invoice.
- Exclusive Battery Warranty – Freefly warrants that batteries purchased or included with the Product will be free from defects in materials and workmanship at the date of purchase by Buyer. Battery product warranty is limited to original defects in material and workmanship. Due to the nature and use of these batteries, there is no term warranty. Misuse, abuse, incorrect charging, failure to comply with applicable battery warnings and guidelines, and other inappropriate use of this Product are not covered under this warranty.
- Warranty Limitations – All Freefly warranties do not cover (i) maintenance, repair or replacement necessitated by loss or damage resulting from any cause other than normal use and operation of the Product in accordance with Freefly’s specifications and owner’s manual, including but not limited to: theft, exposure to weather conditions, operator negligence, misuse, abuse, improper electrical/power supply; (ii) alterations, modifications or repairs by Buyer or unauthorized third parties; (iii) accident, disaster, improper handling or storage, droppage, modification, opening sealed components, use of third party accessories or acts of nature or any other peril originating from outside the Product; (iv) transportation damage, lack of or improper maintenance, defective batteries, battery leakage; and (v) cosmetic damage or other non-operating parts. Removal or modification of sealed components, including but not limited to, motors or electronics, voids any and all warranties. Breaking the seal on any sealed components, including but not limited to motors or electronics, is prohibited and voids any and all warranties unless otherwise approved by Freefly. Any parts replaced by Freefly during warranty repair are the property of Freefly and will not be returned to Buyer. Freefly may use refurbished parts for repairs or replacements.
- Freefly products are compatible with Freefly software, Freefly parts and Freefly products only. Use of any software, parts, or products, other than Freefly or Freefly approved software, parts, and products, which plug into or directly affect the function or performance of Freefly products voids any and all warranties.
- EXCEPT AS SPECIFICALLY SET FORTH ABOVE, FREEFLY AND ITS LICENSORS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO THE FREEFLY PRODUCT OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. FREEFLY AND ITS LICENSORS DO NOT WARRANT THE PERFORMANCE OR RESULT OF THE FREEFLY PRODUCT.
- THE SOLE REMEDY UNDER THIS WARRANTY SHALL BE THE REPAIR OR REPLACEMENT FOR DEFECTIVE PARTS AS STATED ABOVE. THIS WARRANTY IS THE SOLE WARRANTY GIVEN BY FREEFLY AND IS IN LIEU OF ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED. THIS WARRANTY EXTENDS TO THE BUYER AND IS NON-TRANSFERABLE TO OTHER THIRD PARTIES. FREEFLY WILL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.
- Third Party Warranty – Freefly does not honor warranty agreements extended by third parties. Only warranty agreements granted by Freefly will be honored by Freefly.
- Non-Warranty Repair – Product that no longer qualifies for Warranty Repair may be sent to an Authorized Freefly Service Center subject to an evaluation fee. Freefly will provide a quotation for the repair of the Product. The Customer is responsible for all costs associated with such refurbishment, such as troubleshooting, diagnosis, repair, test, calibration, storage, and shipping costs. The evaluation fee will be applied to the cost of the refurbishment if the cost of the refurbishment is greater than the evaluation fee. Any repaired or replaced product shall be warranted for ninety (90) days after it is received by Buyer. Only the components that were repaired or replaced will be eligible for the 90-day period. Any parts replaced by Freefly during non-warranty repair are the property of Freefly and will not be returned to Buyer. Freefly may use refurbished parts for non-warranty repair.
- Caution: The user is cautioned that changes or modifications not expressly approved by the party responsible for compliance could void the user’s authority to operate the equipment.
- This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
- NOTE: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation.
- If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
- Reorient or relocate the receiving antenna.
- Increase the separation between the equipment and receiver.
- Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
- Consult the dealer or an experienced radio/TV technician for help.
- FCC Radiation Exposure Statement:
- This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment.
- This transmitter must not be co-located or operating in conjunction with any other antenna or transmitter.