5. Technical support
Reaction of the support service and any resolution of the problems,
which may arise during its use, installation and removal are not
guaranteed. However, technical support of the Software may be provided
under a separate contract between You and Dr. Stötter GmbH.
6. Amendment and termination of the License Agreement
This License Agreement is effective until terminated. Dr. Stötter GmbH has
the right to terminate at its sole discretion your License by 30 days
notice, without judicial intervention. Notice on termination may be served
by electronic means. If You are in breach of any of its terms and
conditions the termination is effective immediately. Upon any such
termination You must stop use of Software and return all full and partial
hard copies of the items in the Software immediately to Dr. Stötter GmbH
as well as destroy all electronic copies of the above items. Dr. Stötter
GmbH is entitled to change conditions of the distribution of the Software
at any time, for instance to establish a fee for use and/or copying of the
Software.
You have no right to terminate the present License Agreement in any
time other than by terminating any use of the Software and by destroying
all copies of it, which are at your disposal.
7. UPDATES
From time to time, Dr. Stötter GmbH may make available updates to the
Software. All updates to the Software are governed by this Agreement,
unless other license terms are provided with the update and may be
installed automatically, no confirmation by you is required.
8. DISCLAIMER OF WARRANTY
YOU AGREE THAT Dr. Stötter GmbH HAS MADE NO EXPRESS WARRANTIES, ORAL
OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. Dr. Stötter GmbH
DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR
STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. Dr. Stötter GmbH SHALL NOT BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE
UNDER OR RELATED TO THIS AGREEMENT.
9. LIMITATION OF LIABILITY
You assume the entire risk of using the program. IN NO EVENT SHALL Dr.
Stötter GmbH BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS,
LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF
ANY KIND ARISING OUT OF THE USE OF THE Dr. Stötter GmbH SOFTWARE, EVEN IF
Dr. Stötter GmbH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
AGREE Dr. Stötter GmbH SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS
LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT
PERMITTED BY LAW.
10. CHOICE OF LAW
This License Agreement shall be governed by the laws in force in
Germany, This License Agreement shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. All disputes arising from the
present license agreement shall be considered by the competent court in
Germany, provided that the Dr. Stötter GmbH may also initiate proceedings
in the courts of the country, where You are domiciled and/or residing.
11. MISCELLANEOUS
Severability
In the event of invalidity of any provision of this Agreement, the parties
agree that such invalidity shall not affect the validity of the remaining
portions of this Agreement.
Export
You agree that You will not export or re-export the Software outside
of the jurisdiction in which You obtained it without the appropriate
government licenses.
Entire Agreement
You agree that this is the entire agreement between You and Dr. Stötter
GmbH, which supercedes any prior agreement, whether written or oral, and
all other communications between Dr. Stötter GmbH and You relating to the
subject matter of this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved by Dr.
Stötter GmbH.
(c)Copyright 2004 Bernd Schoch & Dr. Stötter GmbH All rights reserved.
Protected by copyright and licenses restricting use, copying, distribution
and decompilation.