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S O F T W A R E
L I C E N S E
3. OPTICOM warrants that the OPERA Software along with the Accompanying Hardware works
according to this documentation ("Users Manual") which is part of the delivery and that the OPERA
Software properly implements the relevant measurement Algorithm in accordance with respective
recommendations.
4. Although all software has been designed and controlled with due care, it has to be assumed that it
steadily undergoes a development process. Should any programming errors be discovered, and reported
to OPTICOM in writing, then OPTICOM, within twelve months from the delivery date, shall be obliged
to correct the deficiencies as far as prescribed by the warranty. OPTICOM shall remedy defects of the
Licensed OPERA Software along with the Accompanying Hardware that may occur. The obligation to
correct errors in compliance with the warranty granted, is limited to the correction of errors. Any such
defects of the OPERA Software along with the Accompanying Hardware shall be repaired by replacing
the software by a new version, or by replacing the system by a new hardware component, which shall be
delivered by OPTICOM without undue delay.
5. If within a reasonable period of time the defective OPERA Software along with the Accompanying
Hardware will have undergone a replacement twice without success, Licensee has the option of
demanding a reduction of the price to be paid or the return/termination of the delivered items. Further
warranties are expressly excluded, e.g. the Licensee is not entitled to claims based on warranty,
a) if the deficiency has been caused by improper usage of the OPERA Software along with the
Accompanying Hardware, faulty installation, usage of unsuitable accessories or improper operation,
or faulty or incomplete programming by licensee, or in case of any modification to the OPERA
Software along with the Accompanying Hardware carried out by Licensee or a third party;
b) if the OPERA Software along with the Accompanying Hardware will not have been maintained or
serviced in accordance with our recommendations and this has caused the deficiency;
c) if the deficiency has been caused by improper modification of the OPERA Software along with the
Accompanying Hardware;
d) if the damage has been caused by an Act of God, e.g. damage by lightning;
e) if the deficiency results from normal wear and tear, especially as far as working parts are concerned.
6. Such claims according to 6.2 – 6.5 shall become statute-barred one year from the date on which such
claims arose, or upon expiry of the legal prescription period, whichever period is shorter.
7. OPTICOM's liability and the liability of it's legal representatives and those employed in fulfillment of
the Agreement, arising from breaches of contract or tort is limited to cases of intent, gross negligence or
recklessness, lack of warranted quality (characteristics) and violation of a material responsibility, which
would jeopardize the contractual objectives.
8. For each individual case of damage, such liability shall be restricted to the foreseeable typical damage
OPTICOM had to expect when contracting the Delivery in consideration of the circumstances known.
The liability for slight negligence shall not exceed an equivalent of US$ 300.000,-.
9. Licensee shall not be entitled to claim any damages against OPTICOM, including damages for indirect
loss, e.g. missed profit, impossibility of performance, positive violation of a contractual duty or failure to
perform. In case of a loss of data, OPTICOM shall only be liable for the expenses required to reconstruct
the lost data using backup files duly created in regular intervals.
10. Any claims arising from Product Liability Law shall not be affected by the aforegoing terms of this
Article.
A G R E E M E N T
A N D
L I M I T A T I O N S
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