End User License Agreement (EULA)

This End User License Agreement ("Agreement") Is entered into between Yawman LLC ("Yawman"), a company incorporated under the laws of the State of Indiana, USA, and the individual or entity "Buyer") who has purchased a Yawman Arrow ("Product"). By purchasing, using or accessing the Product, Buyer agrees to be bound by the terms and conditions of this Agreement.

Product Grant

Subject to the terms and conditions of this Agreement, Yawman hereby grants Buyer a limited, non-exclusive, non-transferable, non-sublicensable product to use solely for personal, non-commercial use unless otherwise given express permission by Yawman, LLC.

Ergonomic Injuries and Repetitive Stress

Buyer acknowledges that improper use of the Product may lead to ergonomic injuries or repetitive stress injuries, such as tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders. Buyer agrees to use the Product in accordance with any user manuals, guidelines, or instructions provided by Yawman, and to consult a qualified healthcare professional if any discomfort or pain is experienced during or after use of the Product.

Cord Safety

Buyer acknowledges that the Product contains cords that may pose a strangulation hazard, particularly to children. Buyer agrees to use the Product responsibly, keep cords out of reach of children, and ensure that the Product is used and stored in a safe manner.

California Proposition 65

Pursuant to California Proposition 65, Yawman provides the following warning:
WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm, including Antimony oxide and Nickel. Follow safety guidelines and usage instructions to minimize exposure. For more information, visit www.p65warnings.ca.gov.

No Use in Real World Flying Environments

Buyer acknowledges that the Product is not designed, intended or approved for use in any real world flying environments, whether crewed or uncrewed, including but not limited to manned aircraft, unmanned aerial vehicles (UAVs), drones, or any other aviation-related applications.

Buyer agrees not to use the Product in any such environments unless express permission given by Yawman, LLC, and agrees to indemnify, defend, and hold harmless Yawman and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with Buyer's use of the Product in any real world flying environment.

Indemnification

Buyer agrees to indemnify, defend, and hold harmless Yawman and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with Buyer's use of the Product, including but not limited to any violation of this Agreement or any applicable laws or regulations.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Yawman or its affiliates be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) Buyer's use or inability to use the Product; (b) any conduct or content of any third party on or related to the Product; or (c) unauthorized access, use or alteration of Buyer's transmissions or content.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Hamilton County, Indiana, USA, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this Agreement shall be resolved by arbitration in Hamilton County, Indiana,
USA.

Indemnification for Damage to Yawman Arrow, Other Hardware, and Software

Buyer agrees to indemnify, defend, and hold harmless Yawman and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with any damage or modification to the Yawman Arrow, other computer hardware, including other controller peripherals, or any first, second, or third-party software, resulting from Buyer's use, misuse, or improper handling of the Product, or any violation of this Agreement or any applicable laws or regulations.

Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be severed, and the remainder of this Agreement shall continue in full force and effect.

Entire Agreement

This Agreement, along with any other documents or materials provided by Yawman in connection with the Product, constitutes the entire agreement between Buyer and Yawman with respect to the Product and supersedes any prior or contemporaneous understandings, representations, discussions, or agreements, whether oral or written.

Amendment

Yawman reserves the right to amend this Agreement at any time by providing notice to Buyer, and Buyer's continued use of the Product following such notice shall constitute acceptance of the amended Agreement. Notices to amend the EULA will be sent electronically to the email address provided at point of sale.

Waiver

No waiver by Yawman of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and Yawman's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Contact Information

If you have any questions or concerns regarding this Agreement or the Product, please contact Yawman at the following address:
info@yawmanflight.com

By purchasing, using or accessing the Yawman Arrow, Buyer agrees to be bound by the terms and conditions of this End User License Agreement.