THE SOFTWARE and THE DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to the quality and performance of the Software and the Documentation is with you. Should the Software or the Documentation prove defective, you (and not DuoData GbR or its distributors, licensors or dealers) assume the entire cost of all necessary servicing or repair.
DuoData GbR does not warrant that the functions contained in the Software will meet your requirements or operate in the combination that you may select for use, that the operation of the Software will be uninterrupted or error free, or that defects in the Software will be corrected. No oral or written statement by DuoData GbR or by a representative of DuoData GbR shall create a warranty or increase the scope of this warranty.
DuoData GbR DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you received the Software as shown by your receipt.
IN NO EVENT WILL DuoData GbR OR ITS DISTRIBUTORS OR DEALERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree that DuoData GbR and its distributors and dealers will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software or the Documentation.
In no event will DuoData GbR' total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount you paid for this product.
High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as online equipment control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage. DuoData GbR and its suppliers specifically disclaim any express or implied warranty of fitness for any high risk uses listed above.
The Software (i) was developed at private expense, and no part of it was developed with governmental funds; (ii) is a trade secret of DuoData GbR (or its licensor(s)) for all purposes of the Freedom of Information Act; (iii) is "restricted computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to DuoData GbR (or its licensor(s)).
Governing Law and Interpretation. This Agreement shall be interpreted under and governed by the laws of Germany, without regard to its rules governing the conflict of laws. This Agreement shall be interpreted without regard to the "Convention on Contracts for the International Sale of Goods". If any provision of this Agreement is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in effect and the invalid provision deemed modified to the least degree necessary to remedy such invalidity.
Entire Agreement. This Agreement is the complete agreement between DuoData GbR and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
If you have any questions concerning this Agreement, you may write to DuoData Garrels & Geisler GbR, Libauer Strasse 12, 10245 Berlin, Germany.
