Table des Matières
Publicité
information to enable us to recreate the defect or fault.
4.3
The warranty does not apply:
(a)
if the defect or fault in the Software results from you having amended the Software;
(b)
if the defect or fault in the Software results from you having used the Software in
contravention of the terms of this Licence.
4.4
We are not obligated to provide any Maintenance Releases. Unless agreed otherwise by us
in writing, we have no obligation to support the Software on more than one PC, or in respect of more
than one MPS Device.
4.5
Any Open-Source Software we provide to you may be used according to the terms and
conditions of the specific licence under which the relevant Open-Source Software is distributed, but
is provided "as is" and expressly subject to the disclaimer in condition 5.7.
5.
LIMITATION OF LIABILITY
5.1
You ack nowledge that the Software has not been developed to meet your individual
requirements, and that it is therefore your responsibility to ensure that the facilities and functions of
the Software as described in the Documentation meet your requirements. Neither we nor our
suppliers warrant that the functions contained in the Software will meet your requirements or that the
operation of the Software will be uninterrupted or error-free.
5.2
We only supply the Software and Documentation for internal use by your business, and you
agree not to use the Software or Documentation for any re-sale purposes.
5.3
We shall not under any circumstances whatever be liable to you, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, arising under or in connection with the
Licence for:
(a)
loss of profits, sales, business, or revenue;
(b)
business interruption;
(c)
loss of anticipated savings;
(d)
loss or corruption of data or information;
(e)
loss of business opportunity, goodwill or reputation; or
(f)
any special, indirect or consequential loss or damage, even if we were aware of the
circumstances in which any such loss or damage could arise at the time we supplied the Software to
you.
5.4
Other than the losses set out in condition 5.3 and in condition 5.5 (for which we are not
liable), our maximum aggregate liability under or in connection with this Licence whether in contract,
tort (including negligence) or otherwise, shall in all circumstances be limited to GBP1,500. This
maximum cap does not apply to condition 5.6.
5.5
You agree that in entering into this Licence, either you did not rely on any representations
(whether written or oral) of any k ind or of any person other than those expressly set out in this
Licence or (if you did rely on any representations, whether written or oral, not expressly set out in this
Licence) that you shall have no remedy in respect of such representations and (in either case) we
shall have no liability in any circumstances otherwise than in accordance with the express terms of
this Licence.
5.6
Nothing in this Licence shall limit or exclude our liability for:
(a)
death or personal injury resulting from our negligence;
(b)
fraud or fraudulent misrepresentation;
(c)
any other liability that cannot be excluded or limited by English law.
5.7
This Licence sets out the full extent of our obligations and liabilities in respect of the supply
of the Software and Documentation. Except as expressly stated in this Licence, there are no
conditions, warranties, representations or other terms, express or implied, that are binding on us.
Any condition, warranty, representation or other term concerning the supply of the Software and
Documentation which might otherwise be implied into, or incorporated in, this Licence whether by
statute, common law or otherwise, is excluded to the fullest extent permitted by law.
5.8
All references to "we" or "us" in this condition 5 shall, for the purposes of this condition 5
and condition 9.6 only, be treated as including all employees, subcontractors and suppliers of us, all
of whom shall have the benefit of the exclusions and limitations of liability set out in this condition 5,
in accordance with condition 9.6.
6.
TERMINATION
6.1
Without prejudice to our other rights and remedies, we may terminate this Licence
immediately by written notice to you if you commit a material or persistent breach of this Licence
© 2013 Elektron Technology UK Ltd.
Annexe 8. Software License Agreement
81
Publicité
Table des Matières
