Psiber Data Systems RF3D manual No Other Obligations, Limitation of Liability

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KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER PSIBER ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MER- CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY PSIBER OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ER- ROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.

LIMITED WARRANTY FOR USERS RESIDING IN GERMANY OR AUSTRIA. If you obtained the Software in Germany or Austria, and you usually reside in such country, then the paragraph above under Section 7 does not apply, instead, Psiber warrants that the Software provides the functionalities set forth in the Documentation (the „agreed upon functionalities“) for the limited warranty pe- riod following receipt of the Software when used on the recommended hardware configuration. As used in this Section, „limited warranty period“ means one (1) year if you are a business user and two (2) years if you are not a business user. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS CAUSED A DE- FECT. To make a warranty claim, during the limited warranty period you must return, at our ex- pense, the Software and proof of purchase to the location where you obtained it. If the function- alities of the Software vary substantially from the agreed upon functionalities, Psiber is entitled

--by way of re-performance and at its own discretion -- to repair or replace the Software. If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission).

The provisions of Section 7 and Section 9 shall survive the termination of this Agreement, how- soever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.

8. NO OTHER OBLIGATIONS.

This Agreement creates no obligations on the part of Psiber other than as specifically set forth herein.

9. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PSIBER, ITS EMPLOY- EES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS OR COSTS, ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMA- TION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PSIBER OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBIL- ITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, PSIBER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES‘ LIABILITY SHALL BE LIMITED TO U.S. $50.

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