Soehnle Industrial Solutions GmbH – software licence agreement

Please read this licence carefully before opening the package or using the software. By opening the package or using the software, you are agreeing to the conditions of this licence. If you do not agree to the conditions of this licence, please return the unused software immediately and you will be reimbursed.

1. License

The application, system, and other software accompanying this License, whether on disk, in read-only memory, or on any other media (the “Soehnle Industrial Solutions Software”), the related documentation, are licensed to you by Soehnle Industrial Solutions Corporation, a limited corporation organised under the laws of Germany (hereinafter referred to as “Soehnle Industrial Solutions”). You own the medium on which the Soehnle Industrial Solutions Software are recorded, but Soehnle Industrial Solutions and/or Soehnle Industrial Solutions´s Licensor(s) retain title to the Soehnle Industrial Solutions Software and related documentation. This License allows you to use the Soehnle Industrial Solutions Software. You may also transfer all your license rights in the Soehnle Industrial Solutions Software, the backup copy of the Soehnle Industrial Solutions Software, the related documentation, and a copy of this License to another party, with Soehnle Industrial Solutions´s consent which shall be deemed given provided the other party agrees to be bound by the terms and conditions of a license identical to this License.

2. Restrictions

The Soehnle Industrial Solutions Software contains copyrighted material, trade secrets, and other proprietary material. In order to protect them, and except as permitted by applicable law, you may not decompile, reverse engineer, disassemble, or otherwise reduce the Soehnle Industrial Solutions Software to a human-perceivable form; copy, modify, network, or distribute the Soehnle Industrial Solutions Software; or rent, lease, loan, the Soehnle Industrial Solutions Software alone, or create derivative works based upon the Soehnle Industrial Solutions Software or related documentation in whole or in part other than as expressly permitted by applicable legislation.

3. Termination

This License is effective until terminated. You may terminate this License at any time by destroying the Soehnle Industrial Solutions Software, related documentation, and all copies thereof. This License will terminate immediately without notice from Soehnle Industrial Solutions or any company within the Soehnle Industrial Solutions group of companies, if you fail to comply with any provision of this License. Upon termination you must destroy the Soehnle Industrial Solutions Software, related documentation, and all copies thereof. Upon termination you shall remain subject to the provisions, restrictions, and exclusions in this License Agreement. No termination shall release you from liability for any breach of this License Agreement.

4. Limited Warranty on Media

Soehnle Industrial Solutions warrants the diskettes and/or compact discs or media on which the Soehnle Industrial Solutions Software are recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. During the applicable warranty period, Soehnle Industrial Solutions will repair (or at its option replace) free of charge such diskettes and/or compact discs or media that prove defective provided they are returned properly packaged to the local national Soehnle Industrial Solutions sales company, all transportation charges prepaid, together with your name, address, and telephone number, a description of the problem, and proof of date of purchase. All diskettes and/or compact discs or media replaced under warranty become the property of Soehnle Industrial Solutions. Soehnle Industrial Solutions will have no responsibility to replace a diskette and/or compact disc or media damaged by accident, abuse, or misapplication. ANY IMPLIED WARRANTIES AND/OR CONDITIONS ON THE DISKETTES AND/OR COMPACT DISCS OR MEDIA, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

The above limited warranty is in lieu of all other representations, conditions and warranties, whether express or implied, by statute or otherwise and SOEHNLE INDUSTRIAL SOLUTIONS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND ALL CONDITIONS INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING SOEHNLE INDUSTRIAL SOLUTIONS PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY SOEHNLE INDUSTRIAL SOLUTIONSS´S NEGLIGENCE.

4. Disclaimer of Warranty on Soehnle Industrial Solutions Software

You expressly acknowledge and agree that use of the Soehnle Industrial Solutions Software is at your sole risk. The Soehnle Industrial Solutions Software, related documentation, are provided “AS IS” and without warranty of any kind and SOEHNLE INDUSTRIAL SOLUTIONS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SOEHNLE INDUSTRIAL SOLUTIONS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOEHNLE INDUSTRIAL SOLUTIONS SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOEHNLE INDUSTRIAL SOLUTIONS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOEHNLE INDUSTRIAL SOLUTIONS SOFTWARE WILL BE CORRECTED. FURTHERMORE, SOEHNLE INDUSTRIAL SOLUTIONS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOEHNLE INDUSTRIAL SOLUTIONS SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOEHNLE INDUSTRIAL SOLUTIONS OR A SOEHNLE INDUSTRIAL SOLUTIONS-AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY LIMIT THIS DISCLAIMER. SHOULD THE SOEHNLE INDUSTRIAL SOLUTIONS SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SOEHNLE INDUSTRIAL SOLUTIONS OR AN SOEHNLE INDUSTRIAL SOLUTIONS-AUTHORISED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

Soehnle Industrial Solutions´s aggregate liability in respect of any single event or series of events whether as a result of negligence, breach of contract, misrepresentation, or otherwise shall in no circumstances exceed the cost of the defective, damaged, or undelivered product determined by the net invoiced price.

Save as expressly provided to the contrary, all conditions, warranties, and representations expressed or implied by statute, law, or otherwise in relation to any Soehnle Industrial Solutions Software are hereby excluded, and Soehnle Industrial Solutions shall be under no liability for any loss, damage or injury, direct or indirect, resulting from defective material, faulty workmanship, or otherwise howsoever.

THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING SOEHNLE INDUSTRIAL SOLUTIONS SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS. NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY SOEHNLE INDUSTRIAL SOLUTIONS’S NEGLIGENCE.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SOEHNLE INDUSTRIAL SOLUTIONS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOEHNLE INDUSTRIAL SOLUTIONS SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SOEHNLE INDUSTRIAL SOLUTIONS OR A SOEHNLE INDUSTRIAL SOLUTIONS-AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Soehnle Industrial Solutions’s total liability to you for all damages, losses, and causes of action (whether in contract, tort [including negligence], or otherwise) exceed the amount paid by you for the Soehnle Industrial Solutions Software.

7. Controlling Law and Severability

This License shall be governed by and construed in accordance with the laws of Germany. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

8. Acknowledgement

You acknowledge that you have read this License Agreement and Limited Warranty, understand them, and agree to be bound by their terms and conditions. You also agree that the License Agreement and Limited Warranty are the complete and exclusive statement of agreement between the parties and supersede all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the License Agreement or the Limited Warranty. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorised representative of Soehnle Industrial Solutions.