Not to state the obvious, but please remember that the PIC is responsible for the proper working of all instruments in the aircraft. IF the PowerFLARM is not operative because of a pilot neglecting their duty to update the software per the manufacturer mandate, point the responsibility finger at the pilot.


91.213 Inoperative instruments and equipment.
(d) Except for operations conducted in accordance with paragraph (a) or (c) of this section, a person may takeoff an aircraft in operations conducted under this part with inoperative instruments and equipment without an approved Minimum Equipment List provided -
(3) The inoperative instruments and equipment are -
(i) Removed from the aircraft, the cockpit control placarded, and the maintenance recorded in accordance with § 43.9 of this chapter; or
(ii) Deactivated and placarded “Inoperative.” If deactivation of the inoperative instrument or equipment involves maintenance, it must be accomplished and recorded in accordance with part 43 of this chapter; and
(4) A determination is made by a pilot, who is certificated and appropriately rated under part 61 of this chapter, or by a person, who is certificated and appropriately rated to perform maintenance on the aircraft, that the inoperative instrument or equipment does not constitute a hazard to the aircraft.