Sena Bluetooth SMH5-FM v1.3 User's Guide User Manual

Page 34

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English

SMH5-FM

35

(see below), you are irrevocably releasing, indemnifying from any
liability, loss, claim and expense (including attorney’s fees) and
holding Sena harmless for any bodily injuries, harm or death as well
as losses or damages in goods, to any Vehicles including your own,
or to any property or asset that belong to you or to third parties, any
of which may result from using the Device under any circumstances
or conditions and irrespective of jurisdiction. Sena will not be
responsible for any physical damages, irrespective of reasons,
conditions or circumstances, including malfunctioning of the Device,
and all risks associated with operating it rest solely and entirely with
the user of this Device, irrespective of whether the Device is used by
the original purchaser or any third party.

Sena hereby notifies you that using this Device may also be in
contravention to local, federal, state or national laws or regulations,
and that any use of the Device is entirely at your sole risk and
responsibility.
1. You, your heirs, legal representatives, successors or assigns,

hereby voluntarily and forever release, discharge, indemnify and
hold harmless Sena from any and all litigation, claims, debts,
demands, actions and liability which may arise, directly or
indirectly, from using the Device for any distress, pain, suffering,
discomfort, loss, injury, death, damages to or in respect to any
person or property however caused, WHETHER ARISING FROM

THE NEGLIGENCE OR OTHERWISE, and which may hereafter
accrue to you on some future date as a result of said use, to the
fullest extent permitted by law.

2. You fully understand and assume the risks in using the Device,

including risk of negligent acts or omissions by others.

3. You confirm that you are physically capable to use the Device and

that you have no medical conditions or needs that may infringe
upon your abilities to do so in a safe manner. You confirm that you
are at least eighteen (18) years of age and that you have been
advised of the risks associated with the use of the Device. You
further confirm that you will not consume any alcohol that may
affect your alertness or any mind-altering substance, and will not
carry, use or consume these substances before or during the use
of the Device.

4. You fully acknowledge our warnings and understand that: (a) risks

and dangers exist in using the Device while in traffic, including
but not limited to injury or illness, strains, fractures, partial and/or
total paralysis, death or other ailments that could cause serious
disability; (b) these risks and dangers may be caused by the
negligence of the manufacturers or its agents or any third party
involved in designing or manufacturing the Device; (c) these risks
and dangers may arise from foreseeable or unforeseeable causes.
You hereby assume all risks and dangers and all responsibility for

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