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VisuNet RM Shell 6
Appendix
7.3 Except as set forth in the forgoing limited warranty the Licenser disclaims all other warran-
ties whether express, implied or otherwise, including the warranties of merchantability or fit-
ness for a particular purpose. Also, the Licenser does not warrant that the Software is error-free
or will operate without interruption.
7.4 No additional oral or written information or advice given by the Licenser, its dealers, distrib-
utors, agents or employees shall create a warranty or in any way increase the scope of any war-
ranty provided above.
7.5 Licenser and Licensee agree that there is a defect in the Software if it does not have the
above stipulated qualities and properties defined in Sec. 7.2 on passing of risk. Defects in the
Software recognized on the Licensee’s side can only be accepted when they are reconstructa-
ble or proven.
7.6 There is no defect if the Software is used on hardware other than the Device on which the
Software has been installed. There is either no defect in the following cases:
• damages resulting from faulty or negligent handling of the Software not caused by the
Licenser,
• damages resulting from particular external influences not assumed under this EULA,
• any modifications made by the Licensee or third parties, and any consequences resulting
there from,
• incompatibility of the Software with the data processing environment of the Licensee.
7.7 If there is any defect, the Licenser is entitled to choose the option of remedying the defect at
its own sole discretion by (a) delivering a substitute for the defect Software or (b) offering a sub-
sequent performance. The warranty period shall be governed by the purchase contract of the
Device.
8 - Limitation of Liability
8.1 The maximum aggregate liability of the Licenser or its officers, directors, employees,
agents, distributors and resellers under this License for all losses or damages, expenses or
injuries either direct, indirect, incidental or otherwise, arising out of the breach of any express or
implied warranty, term or condition, breach of contract, tort, statue or any other legal theory
arising out of, or related to this EULA or the use the Software shall be limited to 10% of the pur-
chase price for the Device paid by the Licensee.
8.2 IN NO EVENT SHALL LICENSER BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR
(A) LOSS OF PROFITS, LOSS OF REVENUE, (B) INDIRECT, INCIDENTAL OR CONSE-
QUENTIAL LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH (C) LOSS OF DATA
OR ANY ASSOCIATED EQUIPMENT DOWN TIME.
8.3 The limitation of liability does neither apply when the Licenser is liable for intentional breach
of duty or gross negligence regardless of the legal ground nor when a higher liability is asked
according to compulsory statutory regulations such as but not limited to provided in the Product
Liability Act.
8.4 No action or proceeding relating to this EULA may be commenced by Licensee more than
three month after the cause of action arises.
9 - Third Party Software
Portions of the Software are developed in part on the work of software of the third parties which
requires notices and/or additional terms and conditions which are located at the About screen
of the “VisuNet RM Shell 6”. In addition, the Software contains Open Source Software Pro-
grams of third parties which are provided in verbatim copies. A list of the contained Open
Source Software Programs including the required prominent notices and the respective license
terms are also located at the About screen of the “VisuNet RM Shell 6”.
10 - Additional features of the Software
In case of acquisition of additional features of the Software, the Licenser will provide to the
Licensee a product key that authorizes the use of the additional features on the Device which it
is delivered to the Licensee; any other use of the product key, especially for any other devices
is not allowed.
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