End user license agreement – Awind McTiVia User's Manual User Manual

Page 40

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McTiVia User's Manual

Chapter 9

End User License Agreement

End User License Agreement

9

APPLICABLE LAW, GRANT THIS SOFTWARE PRODUCT IN ITS PRESENT FORM WITH
ALL ITS DEFECTS AND WITH RESPECT TO THE SOFTWARE PRODUCT, DO NOT
ACCEPT ANY WARRANTIES OF ANY KIND OR CONDITION, IMPLIED NOR EXPRESS,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF CONCERNING PROPERTY
RIGHT AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND
OBLIGATIONS WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND THE LACK OF COMPUTER VIRUSES. In some jurisdictions, the
exclusion of implied warranties or limiting the duration of implied warranties is
not permitted, so it is possible that the above limitation of the warranty is not
entirely applicable to you.

10. LIMITED LIABILITY. Regardless of any damage you may suffer, the overall liability

of AWIND and all its suppliers, in accordance with the terms of this License
Agreement, remains limited to the amount you have actually separately
paid for the Software product. This excludes is all further liability. AWIND
AND ITS SUPPLIERS, AS FAR AS PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES ACCEPT ANY LIABILITY FOR UNUSUAL DAMAGE, INCIDENTAL
DAMAGE, INDIRECT DAMAGE OR CONSEQUENTIAL DAMAGE (INCLUDING BUT
NOT LIMITED TO LIABILITY FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL
OR OTHER INFORMATION, INTERRUPTION OF COMMERCIAL ACTIVITIES,
PERSONAL INJURY, LOSS OF PRIVACY ARISING FROM OR IN CONNECTION
WITH THE USE OF THE INABILITY OF USING THE SOFTWARE PRODUCT OR
OTHERWISE CONNECTED TO ANY TERM OF THIS LICENSE AGREEMENT) EVEN
IF AWIND OR ONE OF ITS SUPPLIERS HAS BEEN NOTIFIED OF THE POSSIBILITY
OF THIS DAMAGE AND EVEN IF THE OFFERED SOLUTION DOES NOT ANSWER
THE OBJECTIVE. In some jurisdictions the exclusion or limitation of incidental
damages or consequential damages is not permitted, so it is possible the above
limitation is not applicable to you.

11. AGE OF LEGAL MAJORITYADULTS AND THE AUTHORITY TO CLOSE AN

AGREEMENT. You agree that you are legally an adult in your jurisdiction and,
where applicable, that you have been authorised by your employer to close this
License Agreement.

12. APPLICABLE LAW. This License Agreement is only applicable to the Dutch law.

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