Muse Research Receptor manual v1.2 - Manual (Page 6)

6 Receptor Manual
He must ensure that no third party or any of his own employees, unless authorized, will have access to the Licensed
Software, may copy part or all of the Licensed Software, or be given any opportunity to do so. The Licensee bears legal
liability towards the Company for any loss or damage - including any subsequent losses incurred by the Company
- resulting from the Licensee not keeping the programs for exclusive use, or not doing so with sufficient assiduity.
The Licensee is in particular not entitled to grant any third party rights of usership over the Licensed Software.
Occasional use by a third party is only permissible if this is absolutely essential for the Licensee’s use. Renting or
lending out the Licensed Software is expressly forbidden.
5 Guarantee and legal liability
The Company and the Licensee are aware that functional defects in the Licensed Software cannot be totally ruled out,
despite the present state of technical knowledge, even if the very greatest care is taken. The unrestricted functionality of
the Licensed Software and/or the rectification of all faults therefore cannot be totally guaranteed.
The Company’s legal liability for programming errors in the Licensed Software, including later updates provided for
under this contract, is therefore restricted to any case of the Company acting with intent or gross negligence.
The Company undertakes, for a period of six months from the conclusion of this contract, to undertake everything
that can be expected to ensure the functionality of the Licensed Software in compliance with the specifications and the
program description. The provision for this guarantee is that the Licensed Software be operated in the configuration
provided for, and under appropriate operating conditions. The Company does not guarantee uninterrupted and
faultless operation.
All guarantee claims on behalf of the Licensee become invalid if he tampers with the Licensed Software, or modifies
them in any way whatsoever, regardless of the extent of such modifications. The translation of the Licensed Software
into any other program language is also to be regarded as a modification.
At the Company’s discretion, the guarantee can take the form of changing the Licensed Software, or exchanging it for
different Licensed Software. In those instances when, within the context of the guarantee, the scope of the Licensed
Software would have to be changed, in particular if more memory capacity is needed for the program, the Licensee can
make no claims of any kind against the Company.
The Licensee has no rights over and above the aforementioned. The Company bears no liability for any loss or damage
to the Licensed Software, or to other programs being used, for the loss of working results, turnover, or profit, or for
direct or indirect loss or damage suffered by the Licensee or any third party, unless such loss or damage has been
caused by the Company acting with intent or gross negligence.
The Company in particular provides no guarantee that the Licensed Software meets the Licensee’s requirements and
purposes, or can work in conjunction with other programs he may have selected. The responsibility for the correct
selection and for the use of the Licensed Software, and for the results aimed for or achieved, is borne by the Licensee.
6 Duration of the contract and notice of termination
The contract comes into force from the moment the software is installed on your computer or when the registration card
is returned, and remains in force for an unspecified time until notice of termination is served either by the Licensee or
by the Company.
The Licensee can serve 30 days notice of termination at any time by registered letter.
Both parties are free to serve extraordinary notice of termination for a major cause. If the Licensee should infringe any
of the above obligations, this will be regarded as a major cause justifying the Company’s termination of the contract.
The Company is free to decide at its own discretion in what form this notice should be served.
As soon as the notice of termination takes effect, the Licensee is to return to the Company the originals of the Licensed
Software he received from The Company, to destroy all copies and recordings of the Licensed Software, and to give a
legally binding written assurance that he has done so.
7 Concluding stipulations
This contract shall be exclusively subject to the laws of the state in which it is published.
The Licensee declares himself to be in agreement with the personal data obtained through this business relationship
that may be used by the Company for its own purposes within the boundaries of the relevant Data Protection laws.
If any stipulation of this License contract should be or become invalid, either completely or in part, this shall not affect
the validity of the remaining stipulations. The parties undertake instead to replace the invalid stipulation with a valid
regulation which comes as close as possible to the purpose originally intended.
The place of jurisdiction is the location of the national sales company or agent. The Company can also however, at its
discretion, open proceedings at the registered address of the Licensee.
Should you have any queries concerning this License contract, please contact in writing Muse Research, Inc.,
970 O Brien Drive, Menlo Park, California, USA.