Anhang
Lizenzen
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of termination thereof, you will immediately return or destroy the Softw are and all portions and
copies thereof as directed by Auerswald and, if requested, will certify in writing to Auerswald
as to the destruction or return of the Software and all copies thereof.
4. THE PRODUCTS AND SOFTWARE ARE STRICTLY PROVIDED “AS IS,” WITHOUT ANY
WARRANTY OF ANY KIND FROM THE MANUFACTURER. ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL WAR-
RANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-
INFRINGEMENT ARE HEREBY DISCLAIMED BY THE MANUFACTURER. Notwithstanding
the foregoing, Auerswald may provide you warranties with respect to the Products and Soft-
ware independent of the manufacturer of the Products. Such warranties, however, are the sole
and exclusive liability of Auerswald, and Auerswald is not authorized to make any warranties
to you for or on behalf of the manufacturer of the Products.
5. You agree that (1) the manufacturer of the Product is a third-party beneficiary of these terms,
and (2) the license, restrictions and confidentiality provisions set forth herein are made for the
express benefit of the manufacturer of the Product and are enforceable by Auerswald’s licensor
as well as Auerswald. Auerswald's licensor may revoke your license to use the Software if, in
the sole discretion of Auerswald's licensor, you or your employees or agents materially breach
any of these terms and conditions.
6. UNDER NO THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE
OR OTHERWISE, WILL THE MANUFACTURER HAVE ANY LIABILITY TO YOU FOR ANY
AMOUNTS IN CONFIDENTIAL EXCESS OF THE AMOUNTS THAT AUERSWALD PAID THE
MANUFACTURER FOR THE PRODUCTS YOU PURCHASED HEREWITH.
7. You will provide Auerswald and the manufacturer all assistance and information necessary
to enable Auerswald or the manufacturer to determine that you and your company are in com-
pliance with these terms and conditions.
