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providing the Services in the form as they were provided when you purchased the Product, which ever is
the shortest.
3.2 There are no implied licenses granted under this EULA, and all rights save for those expressly granted to
you above, shall remain with the Service Provider.
4 INTELLECTUAL PROPERTY AND OTHER RIGHTS
Title and all Intellectual Property Rights to or associated with the Services and/or the Data shall always be vested
in the Service Provider, its licensors or other suppliers.
5 WARRANTY DISCLAIMER
5.1 The Service Provider shall provide the Services with due care and professional skill in the Territory until the
expiry or termination of the license grant as agreed in section 3.1 above. For the avoidance of any doubt,
the Service Provider’s warranty provided hereunder shall cover only the Services expressly excluding the
Product.
5.2 NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT THE SERVICES, DUE TO THEIR
NATURE AND CONTENT, MIGHT NOT ALWAYS BE FREE FROM DEFECTS, COMPLETE, REAL-TIME OR
AVAILABLE, AND THAT THEY ARE PROVIDED ON “AS IS” BASIS IN LIEU OF ALL OTHER SERVICE PROVIDER
OBLIGATIONS ARISING FROM THE ACT OR OTHER APPLICABLE STATUTORY LAWS, TRADE USAGE, GENERAL
PRINCIPLES OR OTHER SOURCES OF LAW, WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT
PERMITTED BY THE MANDATORY OBLIGATIONS IMPOSED ON THE SERVICE PROVIDER IN THE ABOVE-
REFERRED SOURCES OF LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE
MANUFACTURER, ITS DISTRIBUTORS AND/OR RESELLERS SHALL IN ANY WAY EXTEND THE SCOPE OF THIS
WARRANTY.
5.3 IN CASE THE SERVICES HAVE NOT BEEN PERFORMED WITH DUE CARE AND PROFESSIONAL SKILL AS AGREED
IN SECTION 5.1 ABOVE, YOUR SOLE REMEDY IS RE-PERFORMANCE OF THE SERVICES EXPRESSLY EXCLUDING
OTHER REMEDIES ARISING FROM THE ACT OR OTHER APPLICABLE STATUTORY LAWS, TRADE USAGE,
GENERAL PRINCIPLES OR OTHER SOURCES OF LAW, WHICH ARE HEREBY EXCLUDED TO THE FULLEST
EXTENT PERMITTED BY THE MANDATORY REMEDIES AVAILABLE TO YOU UNDER THE ABOVE-REFERRED
SOURCES OF LAW.
6 LIMITATION OF LIABILITY
6.1 FOR THE AVOIDANCE OF ANY DOUBT, YOU HAVE A RIGHT TO CLAIM DAMAGES FROM THE SERVICE
PROVIDER ONLY IN SITUATIONS IN WHICH SUCH RIGHT CANNOT BE EXCLUDED BASED ON SECTION 5.3.
6.2 EXCLUDING THE SITUATIONS IN WHICH LIABILITY FOR (A) INDIRECT DAMAGES CANNOT BE LIMITED BASED
ON THE MANDATORY PROVISIONS IN THE ACT AND OTHER APPLICABLE LOCAL LAWS, THE SERVICE
PROVIDER SHALL NOT BE LIABLE FOR INDIRECT DAMAGES; AND (B) DIRECT DAMAGES CANNOT BE LIMITED
BASED ON THE MANDATORY PROVISIONS IN THE ACT AND OTHER APPLICABLE LOCAL LAWS, THE SERVICE
PROVIDER SHALL NOT BE LIABLE FOR DIRECT DAMAGES TO THE EXTENT THEY EXCEED THE FEES, WHICH
YOU HAVE ACTUALLY PAID FOR THE SERVICES EXPRESSLY EXCLUDING THE PRICE OF THE PRODUCT.
6.3 TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS IN THE ACT AND OTHER APPLICABLE LOCAL
LAWS, THE LIMITATION PERIOD FOR YOUR CLAIMS FOR DAMAGES SHALL BE TWO (2) YEARS FROM THE
POINT IN TIME WHEN THE CLAIM AROSE AND YOU BECAME AWARE THEREOF. REGARDLESS OF YOUR
KNOWLEDGE THE LIMITATION PERIOD SHALL ALWAYS BE THREE (3) YEARS FROM THE DAMAGING EVENT.
6.4 WITH THE EXCEPTION OF LIABILITY FOR PERSONAL INJURY OR PROPERTY UNDER THE APPLICABLE LOCAL
PRODUCT LIABILITY LAWS, THE ABOVE LIMITATIONS SHALL APPLY TO ALL CLAIMS FOR DAMAGES,
IRRESPECTIVE OF THEIR LEGAL BASIS.
7 GENERAL TERMS
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