Knauer K-7400 Handbuch Seite 53

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modifications in any form. KNAUER will have the right to terminate the
Licensee's license immediately if the Licensee fails to comply with all
copies or modifications in any form. The termination does not raise
Licensee's claim for refunding of the license fee.
6. Limited Warranty.
KNAUER warrants only that the media upon which the EuroOsmo
V1.5 is furnished will be free from defects in material or workmanship
under normal use at the time of delivery. KNAUER DOES NOT AND
CANNOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE
MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.
THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES
KNAUER WILL PROVIDE FOR BREACH OF W ARRANTY. EXCEPT
FOR THE FOREGOING LIMITED W ARRANTY, KNAUER MAKES NO
WARRANTIES; EXPRESSED OR IMPLIED, AS TO NON-
INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Some countries do not allow
the exclusion of implied warranties or limitations on how long an implied
warranty may last, so the above limitations many not apply to the
Licensee. This warranty gives the Licensee specific legal rights and the
Licensee may also have other rights which vary from country to country.
7. Limitation of Liability.
IN NO EVENT WILL KNAUER BE LIABLE TO LICENSEE FOR ANY
SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST
SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES
- EVEN IF KNAUER HAS BEEN ADVISED OF THE POSSIBILTY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Some countries do not allow the exclusion of limitation of special,
incidental, or consequential damages, so the above limitation, or
exclusion may not apply to the Licensee. Any liability is – in any case –
limited to the license fee.
8. Limitation of Remedies.
KNAUER´s entire liability and Licensee's exclusive remedy shall be:
(a) the replacement of any media not meeting KNAUER´s limited
warranty which is returned to KNAUER, or
(b) if KNAUER or its distributor is unable to deliver replacement media
which is free of defects in materials or workmanship, the Licensee
may terminate this Agreement by returning the EuroOsmo7400
V1.5 and the Licensee's money will be refunded.
9. This license is not assignable.
The Licensee does not have the right to assign rights or grant
sublicenses.
10. License Fee / Royalty.
For the license to use the contractual EuroOsmo
defined scope and within the restrictions the Licensee pays to the
Licensor a fee. The amount becomes due and payable upon delivery of
the program discs. The license to use of the program commences with
payment of the royalty.
11. If a provision of this Agreement should be invalid or become invalid,
then the legal effect of the other provisions shall remain unchanged.
Instead of an invalid provision, a valid provision shall be deemed to be
agreed which comes closest to what the parties intended economically.
This document is the complete Agreement between KNAUER and
Licensee; it supersedes all and any prior agreement or offer. All and any
modifications of this agreement have to be made in writing.
For all controversies out of this Agreement, the District Court Berlin shall
have exclusive jurisdiction. The applicable law shall be that of the Federal
Republic of Germany (German Civil Code) excluding the UN-Code on the
international sale of goods.
KNAUER Software License Agreement
®
7400 V1.5 in the above
®
7400