do not buy this product if you don`t agree to :
Frank Mueller disclaims any responsibility for any harm resulting from your use of the software.
THE SOFTWARE IS PROVIDED TO YOU 'AS IS' WITH NO WARRANTIES WHATSOEVER.
Frank Mueller EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Frank Mueller DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SOFTWARE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SOFTWARE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL Frank Mueller BE LIABLE TO YOU ON ACCOUNT OF YOUR USE
OR MISUSE OF THE SOFTWARE.
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE
DAMAGES WHETHER ANY SUCH CLAIM IS BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
(EVEN IF Frank Mueller HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON THE SOFTWARE FROM INABILITY TO USE THE SOFTWARE,
OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification:
You agree to indemnify and hold harmless Frank Mueller , and its subsidiaries,
affiliates, officers, directors, shareholders, employees and agents, from any
claim or demand, made by any third party due to or arising directly or
indirectly out of your conduct or in connection with your use of the software,
any alleged violation of these terms and conditions, any alleged violation of
any applicable law or regulation. Frank Mueller reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, but doing so shall not excuse your indemnity obligations.
Term and Termination:
Either party may terminate this agreement immediately in the event of default
by the other party. Frank Mueller may terminate this agreement at any time
with ten (10) days notice. Upon any termination of this agreement, you shall
immediately discontinue the use of the software and shall within ten (10) days
return to Frank Mueller all copies of the software.
You may also terminate this agreement at any time by destroying the software
and all copies thereof. Your obligations to pay accrued charges and fees,
if applicable, shall survive any termination of this agreement.
Amendments:
Additional and/or modified terms of use relating to the software may be
posted by Frank Mueller at any time, and such terms shall automatically be effective.
If you do not agree with any such changes, you must terminate your use of the software.
General:
This agreement constitutes the entire agreement between you and Frank Mueller
with respect to the software and supersedes all other agreements, contemporaneous and prior,
between you and Frank Mueller with respect to the software. Frank Mueller `s failure to enforce
any provision of this agreement will not be construed as a waiver of any provision or right.
In the event that a portion of this agreement is held unenforceable,
the unenforceable portion will be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of the parties, and
the remainder of the provisions will remain in full force and effect.
Waiver by either party of a breach of any provision of this agreement or the
failure by either party to exercise any right hereunder shall not operate or
be construed as a waiver of any subsequent breach of that right or as a waiver
of any other right.
Frank Mueller will not be liable in any amount for failure to perform any obligation under
this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond
the reasonable control of such party including without limitation
Internet outages, communications outages, fire, flood, war or act of God.
Interpretation and enforcement of this agreement will be governed by the laws germany.
Customer hereby consents to personal jurisdiction in courts of
Nettetal germany in any action arising out of or relating of use of the software.
do not buy this product if you don`t agree to :
Frank Mueller disclaims any responsibility for any harm resulting from your use of the software.
THE SOFTWARE IS PROVIDED TO YOU 'AS IS' WITH NO WARRANTIES WHATSOEVER.
Frank Mueller EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Frank Mueller DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SOFTWARE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SOFTWARE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL Frank Mueller BE LIABLE TO YOU ON ACCOUNT OF YOUR USE
OR MISUSE OF THE SOFTWARE.
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE
DAMAGES WHETHER ANY SUCH CLAIM IS BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
(EVEN IF Frank Mueller HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON THE SOFTWARE FROM INABILITY TO USE THE SOFTWARE,
OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification:
You agree to indemnify and hold harmless Frank Mueller , and its subsidiaries,
affiliates, officers, directors, shareholders, employees and agents, from any
claim or demand, made by any third party due to or arising directly or
indirectly out of your conduct or in connection with your use of the software,
any alleged violation of these terms and conditions, any alleged violation of
any applicable law or regulation. Frank Mueller reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, but doing so shall not excuse your indemnity obligations.
Term and Termination:
Either party may terminate this agreement immediately in the event of default
by the other party. Frank Mueller may terminate this agreement at any time
with ten (10) days notice. Upon any termination of this agreement, you shall
immediately discontinue the use of the software and shall within ten (10) days
return to Frank Mueller all copies of the software.
You may also terminate this agreement at any time by destroying the software
and all copies thereof. Your obligations to pay accrued charges and fees,
if applicable, shall survive any termination of this agreement.
Amendments:
Additional and/or modified terms of use relating to the software may be
posted by Frank Mueller at any time, and such terms shall automatically be effective.
If you do not agree with any such changes, you must terminate your use of the software.
General:
This agreement constitutes the entire agreement between you and Frank Mueller
with respect to the software and supersedes all other agreements, contemporaneous and prior,
between you and Frank Mueller with respect to the software. Frank Mueller `s failure to enforce
any provision of this agreement will not be construed as a waiver of any provision or right.
In the event that a portion of this agreement is held unenforceable,
the unenforceable portion will be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of the parties, and
the remainder of the provisions will remain in full force and effect.
Waiver by either party of a breach of any provision of this agreement or the
failure by either party to exercise any right hereunder shall not operate or
be construed as a waiver of any subsequent breach of that right or as a waiver
of any other right.
Frank Mueller will not be liable in any amount for failure to perform any obligation under
this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond
the reasonable control of such party including without limitation
Internet outages, communications outages, fire, flood, war or act of God.
Interpretation and enforcement of this agreement will be governed by the laws germany.
Customer hereby consents to personal jurisdiction in courts of
Nettetal germany in any action arising out of or relating of use of the software.
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