Accu-Chek Mobile User Manual page 145

Hide thumbs Also See for Mobile:
Table of Contents

Advertisement

3
Warranty
3.1 Roche warrants that the SOFTWARE licensed under this Software License Agreement will
substantially provide the key functions described in its product specification in effect on the date of
conclusion of this Software License Agreement and that the SOFTWARE will be free of defects for a
period of one year from shipment.
3.2 During the warranty period Roche shall, at Roche's sole discretion correct errors detected in licensed
software or provide a reasonable workaround SOFTWARE, after receiving notification from Licensee
of such errors. Error corrections will if technically possible be provided by way of a patch or update
to the SOFTWARE. The warranties set out herein are exclusive of and in lieu of all other conditions
and warranties, either express or implied, statutory or otherwise. Notwithstanding this, Roche may
from time to time provide proactively updates (including service releases).
3.3 This warranty is void if failure is the result of accident, abuse, misuse, alteration, use with
unauthorized software or hardware or not having installed latest updates of the SOFTWARE provided
by Roche according to Sec. 3.2.
4
Limitation of Liability
4.1 Irrespective of the cause of action, Roche liability shall be limited to damages caused by Roche, its
employees or subcontractors due to wilful misconduct, gross negligence or, in case of a violation of
an essential contractual duty, simple negligence.
4.2 If Roche is held liable for simple negligence under Section 4.1, Roche's liability shall be limited to
those typical damages that were reasonably foreseeable at the time the Agreement was concluded
or, at the latest at the time of the violation of the relevant contractual duty.
4.3 Roche's liability for any damages caused by the breach of a specific warranty (Garantie) or for
damages to be compensated under the Product Liability Act and for damages due to loss of life,
injury or prejudice to health remains unaffected.
4.4 The Licensee is obliged to carry out regular backups. In case of any loss of data Roche is only liable
for the costs to restore such backups.
5
Miscellaneous
5.1 Changes to this Software License Agreement require written form to be effective. This also applies
for any amendment or rescinding of this written form clause.
5.2 This Software License Agreement is subject to Swiss law, to the exclusion of the UN Convention on
the International Sale of Goods as well as to the exclusion of the regulations of international civil law
that are alterable subject to mutual agreement.
5.3 For disputes arising from or in connection with this contract, the courts of Basel, Switzerland have
jurisdiction internationally and locally.
21
Appendix
143

Hide quick links:

Advertisement

Table of Contents
loading

Table of Contents