Where Labs, LLC facilitates the purchase of open source hardware designs in the hopes of attracting talented developers to the open hardware community who would otherwise be unable to participate because of the time, tools, and effort required to source components and construct hardware. The PCBs, kits, and assembled kits that we organize are NOT a consumer product, they are an engineering prototype or hobbyist creation. You are responsible for operating them in a safe manner, and in accordance with your local laws and regulatory requirements.
Indemnity. Purchaser will indemnify and hold Where Labs, LLC and its related companies harmless for, from and against, any claims or liabilities, including without limitation product liability claims, arising out of the use, reproduction or distribution of Software, Hardware, Documentation, and parts thereof.
Limited Warranty and Limited Liability. THE SOFTWARE, HARDWARE, AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Where Labs, LLC disclaims all responsibility for the accuracy or reliability of the Software, Hardware, and Documentation and does not warrant they will meet Purchaser’s requirements, be uninterrupted or error-free, or that any defects in the software will be corrected. The entire risk arising out of use or performance of the Software, Hardware, and Documentation provided under this Agreement is assumed by Purchaser.
In no event shall Where Labs, LLC be liable for any incidental, special, indirect or consequential damages, lost profits or lost data, cost of procurement of substitute goods, technology or services, any claims by third parties (including but not limited to any defense thereof), any claims for indemnity or contribution, or other similar costs, whether asserted on the basis of contract, tort (including negligence), breach of warranty, or otherwise. IN ANY EVENT, WHERE LABS, LLC’S LIABILITY UNDER THIS AGREEMENT AND FOR THE SOFTWARE, HARDWARE, AND DOCUMENTATION IS LIMITED TO THE AMOUNT LICENSEE PAID WHERE LABS, LLC FOR THE SOFTWARE, HARDWARE, AND DOCUMENTATION.