Siemens EF81 User Manual page 166

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166 End user license agreement
8. Not fault tolerant.
The Software may contain technoloy
that is not fault tolerant and is not
designed, manufactured, or intend-
ed for use in environments or appli-
cations in which the failure of the li-
censed Software could lead direclty
to death, personal injury, or severe
physical or environmental damage
or financial loss.
9. Limitation of liability.
To the maximum extent permitted
by applicable law, in no event shall
Licensor or Licensor's Software sup-
pliers or their respecitve affiliates
and employees be liable for any lost
profits, revenue, sales, data or costs
of procurement of substitute goods
or services, property damage, per-
sonal injury, interruption of busi-
ness, loss of business information or
for any special, direct, indirect, inci-
dental, economic, cover, punitive,
special or consequential damages,
however caused and whether arising
under contract, tort, negligence, or
other theory of liability arising out of
the use of or inability to use the Soft-
ware, even if Licensor or its Software
suppliers are advised of the possibili-
ty of such damages. Because some
countries/states/jurisdictions do not
allow the exclusion or limitation of li-
ability, but may allow liability to be
limited, in such cases, the liability of
Licensor, its Software suppliers and
their respective affiliates and em-
ployees shall be limited to, at Licen-
sor's option, either (a) return of the
price paid less a reasonable amount
for usage, or (b) repair or replacment
of the Software that does not meet
the limited warranty provided with
the phone and which is returned in
accordance with the requirements of
the limited warranty.
Nothing contained in this Agree-
ment shall prejudice the statutory
rights of any party dealing as a con-
sumer. Nothing contained in this
Agreement limits Licensor's liability
to You in the event of death or per-
sonal injury resulting from Licensor's
negligence if law prohibits such a
limitation. Licensor is acting on be-
half of its software suppliers and
their respective employees and affili-
ates for the purpose of disclaiming,
excluding and/or restricting obliga-
tions, warranties and liability as pro-
vided in this clause 9, but in no other
respects and for no other purpose.