Memmert AtmoCONTROL FDA Version 2.X.X User Manual
Page 7
D30396 | Date 09/2014
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AtmoCONTROL FDA Version
The user must employ the SOFTWARE PRODUCT only for his own purpose unless expressly
agreed otherwise.
The user must notify MEMMERT GmbH & Co.KG without delay of any faults which occur,
together with a brief description of the fault.
§4 - RESTRICTED WARRANTY
MEMMERT GmbH & Co.KG warrants for a period of 1 year that the data medium on which
the SOFTWARE PRODUCT is supplied, is free from material faults and manufacturing faults.
The software has been carefully developed and tested by MEMMERT GmbH & Co.KG. There
is however no warranty that the functions of the software meet all expectations or that the
software runs without any interruptions.
MEMMERT GmbH & Co.KG is not liable for any damage, lost profit, loss of confidential or
other information, interruption of business, personal damage, loss of privacy, breach of duty,
including duties in good faith or duty of care, property or other damage which may arise from
the use of this software product or any inability to use this software product.
This applies also in case MEMMERT GmbH & Co.KG has been advised of the possibility of such
damage.
This exclusion does not apply to damage which has been wilfully caused by MEMMERT GmbH
& Co.KG.
§5 - TERMINATION
Irrespective of other rights MEMMERT GmbH & Co.KG is entitled to terminate this licence
agreement if you contravene in any form the terms and conditions of this licence agreement.
In such a case you are obliged to return all originals and copies of the software product to
MEMMERT GmbH & Co.KG. Copies in whatever form and on whatever data medium must not
be retained. In so far as MEMMERT GmbH & Co.KG waives the obligation to such return, you
must destroy all originals and copies and this destruction must be documented and proven.
§6 - DAMAGE LIMITATION OBLIGATION
1) The licensee is expressly advised that he has to produce security copies of the data on his
computer regularly and at adequate intervals of time (normally weekly). If he does not do this
he defaults on his obligation to limit damage. The licensor is not liable for damage arising
from such contravention.
2) The licensee is expressly advised that the software must not be employed in dangerous
environments which presume fault-free operation (high-risk activities such as operation of
nuclear installations, weapon systems, aircraft navigation or communication systems or life-
preserving machines). If he still does so he defaults on his obligation to limit damage. The
licensor has not liability for damage arising from such default.
§7 - AGREEMENT ALTERATIONS AND DEFENCE CLAUSE
The agreement is concluded exclusively on the basis of the General Utilization Conditions of
MEMMERT GmbH & Co.KG. Other agreements are inapplicable, even if certain regulations are
not included in the Utilization Conditions of MEMMERT GmbH & Co.KG.
§8 - CHOICE OF LAW
All legal relations between the parties, including delict law, are subject to the law of the Ger-
man Republic. The legal domicile is Büchenbach, Germany.
§9 - FINAL CLAUSE
1) Supplements to this agreement, including this clause, have to be produced in writing.