MacroSystem Columbus 3 User Manual

Page 2

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Legal Information
We recommend that you carefully read the information in this manual, in order to avoid operator errors.
We have taken great care in developing and testing this program.
Since it is currently not possible to guarantee error-free operation under all circumstances and at all times, we can unfortunately
not entirely exclude that some errors may have crept in. Hence, MacroSystem Digital Video AG and its distributors do not gua-
rantee a problem-free or completely error-free operation of the product.
As far as reasonably possible, we will rework the program in order to correct any errors and provide the new software free of
charge to the users concerned.
Our liability for defects in material and/or workmanship for newly manufactured products is limited to 24 months. This is not the
case when the law prescribes longer terms or in case of damage to life, body or health, in case of deliberate or gross negligence
of duty by the supplier or intentional concealment of a flaw.
The purchaser shall notify defects to the supplier without undue delay and in writing. Claims for reimbursement of expenses in
connection with searching for defects will only be accepted after prior agreement with the management of MacroSystem Digital
Video AG.
Further claims by the purchaser on account of supplementary performance, including costs of transport, travel, labor and materi-
al are excluded. This is not applicable to claims for other reasons such as newly discovered software errors.
Claims on the grounds of defects are excluded for minor deviations from the agreed quality, minor impairments in usability,
normal wear and tear, or damage arising after the transfer of risk from faulty or negligent handling, excessive strain, unsuitable
equipment, or from other particular external influences not assumed under the agreement. Claims based on defects attributable
to improper modifications or repair work carried out by the purchaser or third parties and the consequences thereof shall be
likewise excluded.
We cannot accept any liability for loss of data/time or any consequential damages that may occur as a result, particularly since
we have no influence over correct software installation and operation by the customer. MacroSystem Digital Video AG and its
dealers therefore cannot be held liable for any defects or unintentional damage in connection with the installation or use of the
software.
Claims for damages and compensation by the purchaser, regardless of the legal basis, in particular due to breach of duties in
connection with obligation or tortuous acts are also excluded.
This shall not apply in the case of mandatory liability, e.g. under the German Product Liability Act (Produkthaftungsgesetz), in the
case of intent, gross negligence, injury of life, body or health, or breach of essential contractual obligations. The damage com-
pensation entitlement for breach of essential contractual obligations is, however, limited to the foreseeable damage typical of the
contract, unless there is willful intent or gross negligence or in case of injury to life, body or health. The provisions above do not
imply a change of the burden of proof to the detriment of the purchaser.
Neither MacroSystem Digital Video AG nor its dealers are responsible for any damages resulting either directly or indirectly
through the use of the software or the operating instructions, e.g. for profit loss and expenses.
Any implied guarantee is excluded, including guarantee of suitability of the software or operating instructions for a particular
purpose.

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