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Disclaimer of Warranties
Open-E software are licensed "as is" without warrantee of any kind. Open-E GmbH hereby disclaims all warranties express and implied, relating to Open-E , the installation utilities and the embedded software including, without limitation, any implied warrantee of merchantability, fitness for a particular purpose or non-infringement.
Limitation of Liability
In no event will Open-E GmbH liability under this agreement exceed the price that you paid for your Open-E software. Furthermore, in no event will Open-E GmbH be liable for any lost profits, lost data, cost of procurement of substitute goods or services, or any special consequential, incidental, indirect or punitive damages arising out of or under this agreement.
The limitation of liability set forth in this paragraph will apply, whether or not Open-E GmbH was advised of the possibility of the loss, liability or damages and notwithstanding any failure of essential purpose of any limited remedy.
Waiver
No delay or failure of Open-E GmbH to exercise any right under neither this agreement nor any partial exercise thereof shall be deemed to constitute a waiver or any rights granted hereunder or under law.
Unlawful Provisions
If any provision of the agreement is held to be unenforceable for any reason, all other provisions of this agreement shall nevertheless be deemed valid and enforceable to the fullest extent possible.
Entire Agreement
This agreement constitutes the sole and exclusive agreement between the parties concerning the subject matter hereof.
LIMITED WARRANTY
Open-E warrants that the media on which the software is distributed will be free from defects for a period of ninety (90) days from the date of delivery of the software to you. Your sole remedy in the event of a breach of this warranty is that Open-E will, at its option, replace any defective media returned to Open-E within the warranty period, or refund the money you paid for the software. Open-E does not warrant that the software will meet your requirements, that operation of the software will be uninterrupted, or that the software will be error-free.
Authorized Service
Only an authorized service representative can service Open-E software. Failure to comply with this requirement will void the warranty.
Applicable Law
This agreement shall be governed by German law. You agree to jurisdiction and venue in the courts located in Munich, Germany for all claims, disputes and litigation arising under or related to this agreement.
