Q-Sonic VG310 Bedienungsanleitung Seite 37

3. Term. This License Agreement is effective until terminated. Licensee may terminate this
License Agreement if Licensee breaches any of the terms and conditions herein. Upon ter-
mination of this License Agreement for any reason, Licensee shall return to Licensor or
otherwise destroy the Licensed Product and all copies of the Licensed Product. Upon requ-
est of Licensor, Licensee agrees to certify in writing that all copies of the Software have
been destroyed or returned to Licensor. All provisions of this Agreement relating to disclai-
mers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary
rights shall survive termination.
4. Executable Code. The Software is delivered in executable code only. Licensee shall not
reverse engineer, compile or otherwise disassemble the Software.
5. Limited Warranty
a) Licensor does not warrant that the functions contained in the Licensed Product and
Hardware will meet Licensee's requirements or that the operation of the Software and
Hardware will be uninterrupted or error-free. Licensor does warrant that the media on
which the Software is furnished and the hardware will be free from defects in materials
and workmanship under normal use for a period of thirty (30) days from the date of de-
livery ("Warranty Period"). This Limited Warranty is void of failure of the media on
which the Software is furnished has resulted from accident, abuse, or misapplications.
EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED "AS IS"
b)
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLU-
DING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE LICNESED PRODUCT AND HARD-
WARE IS WITH LICENSE.
6. Limitation of Liability
Licensor's sole obligation or liability and licensee's exclusive remedy under this agree-
a)
ment shall be the replacement of the defective media on which the software is furnis-
hed and/or the hardware according to the limited warranty above.
b) In no event will licensor be liable for any consequential, incidental or indirect damages
including, without limitation, any loss of data or information, loss of profits, loss
savings, business interruption or other pecuniary loss, arising out of use of or liability
to use the software or documentation or any hardware, even if licensor has been advi-
sed of the possibility of such damages, or for any claim by any third party.
7. General
a) Any Software and Hardware provided to Licensee by Licensor shall not be exported or
re-exported in violation of any export provisions of the United States or any other appli-
cable jurisdiction. Any attempt to sublicense, assign or transfer any of the rights, duties
or obligations hereunder is void. This Agreement shall be governed by and interpreted
under the laws of the State of New Jersey, United States of America, without regard to
its conflicts of law provisions. Licensor and Licensee agree that the U.N. Convention
on Contracts for the International Sales of Goods shall not apply to this License Agree-
ment.
b) This License Agreement may only be modified or amended by a written license ad-
dendum that accompanies this License Agreement or by written document that has
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