Software License Agreement And Limitations; General; Complaints Concerning Defects; Software License - OPTICOM OPERA - V 3.5 User Manual

Objective perceptual analyzer
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S O F T W A R E
L I C E N S E
A G R E E M E N T
A N D
L I M I T A T I O N S
SOFTWARE LICENSE AGREEMENT AND
LIMITATIONS

General

Conditions deviating from these General Contract Conditions shall not be deemed valid unless we have
confirmed them expressly in writing. Verbal agreements are not valid unless the obligation to confirm
such agreements in writing has been renounced by mutual agreement and in writing.
We shall carry out delivery and installation of the goods and machines as well as instruction of the
operating personnel at the expense of the buyer. Consulting on application and usage shall be given to
the best of our knowledge, based on our experience. The goods and machines delivered are subject to
change. Changes in design and/or shape shall be accepted by the buyer, unless these changes are not
deemed fundamental modifications substantially limiting the purpose of the purchased goods as agreed.
The buyer shall take responsibility for the lawful usage of our machines as stipulated in the laws, rules
and stipulations applicable.

Complaints Concerning Defects

Any complaints concerning deficiencies in quality and performance or the delivery of the correct number
and types of goods agreed, that can be determined by reasonable efforts shall be filed promptly with the
buyer in writing within fourteen days after delivery. Hidden or latent faults shall be notified to the buyer
promptly after discovery. In case of any complaint the buyer shall on our request undertake to promptly
send back the goods concerned in their original packages.

Software License

The accompanying software to this OPTICOM product is licensed, not sold. OPTICOM hereby grants
the user of the OPERA Software (herewith referred to as 'Licensee') with respect to the Licensed Patents,
Licensed Trade Marks and the OPERA Software a non-exclusive, non-transferable, non-assignable, non-
sublicensable limited right to Use the licensed number of copies of the OPERA Software, solely to
facilitate the objective quality evaluation of audio signals in accordance with the respective Standard;
provided that:
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