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47
ies 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 7400
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
CAN NOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE MAY
OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FORE-
GOING STATES THE SOLE AND EXCLUSIVE REMEDIES KNAUER WILL
PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING
LIMITED WARRANTY, 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 coun-
try 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 exclu-
sion 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 warran-
ty 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
ter minate 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 7400 V1.5 in the above
defined scope and within the restrictions the Licensee pays to the Licen-
sor a fee. The amount becomes due and payable upon delivery of the
pro gram discs. The license to use of the program commences with pay-
ment of the royalty.
11. If a provision of this Agreement should be invalid or become inva-
lid, 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.
Semi-Micro Osmometer K-7400S Betriebsanleitung, V3700
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