Bedienungsanleitung Serif WebPlus 6 (Seite 4 von 64) (Englisch)

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Software Product is licensed to you on an "as is" basis without

any warranty of any nature.

8. NO OTHER WARRANTIES

EXCEPT FOR THE ABOVE EXPRESS LIMITED

WARRANTIES, SERIF AND ITS SUPPLIERS MAKE AND

LICENSEE RECEIVES NO WARRANTIES OR

CONDITIONS, OR TERMS, EXPRESS, IMPLIED,

STATUTORY, OR IN ANY COMMUNICATION WITH

LICENSEE. TO THE MAXIMUM EXTENT PERMITTED

BY APPLICABLE LAW, SERIF AND ITS SUPPLIERS

DISCLAIM ALL OTHER WARRANTIES AND

CONDITIONS, EITHER EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE AND NON-

INFRINGEMENT, WITH REGARD TO THE SOFTWARE

PRODUCT AND THE PROVISION OF OR FAILURE TO

PROVIDE SUPPORT SERVICES. LICENSEE SHALL BE

SOLELY RESPONSIBLE FOR THE SELECTION, USE,

EFFICIENCY AND SUITABILITY OF THE SOFTWARE

PRODUCT AND SERIF SHALL HAVE NO LIABILITY

THEREFOR. SERIF SHALL HAVE NO LIABILITY FOR,

NOR OBLIGATION TO INDEMNIFY LICENSEE

REGARDING ACTIONS ALLEGING THE INFRINGEMENT

OF PROPRIETARY RIGHTS BY THE SOFTWARE

PRODUCT. SERIF DOES NOT WARRANT THAT THE

OPERATION OF THE SOFTWARE PRODUCT WILL BE

UNINTERRUPTED OR ERROR FREE OR THAT THE

SOFTWARE PRODUCT WILL MEET LICENSEE'S

SPECIFIC REQUIREMENTS. The Limited Warranty gives

you specific legal rights. You may have others, which vary from

state/jurisdiction to state/jurisdiction.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL SERIF OR ITS SUPPLIERS BE

LIABLE FOR LOSS OF DATA, CORRUPTION, LOST

PROFITS, COST OF COVER, OR OTHER SPECIAL,

INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR

INDIRECT DAMAGES ARISING FROM THE USE OF THE

SOFTWARE PRODUCT (INCLUDING ANY

ACCOMPANYING DOCUMENTATION), HOWEVER

CAUSED AND ON ANY THEORY OF LIABILITY. THIS

LIMITATION WILL APPLY EVEN IF SERIF OR AN

AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT

WILL SERIF'S LIABILITY EXCEED THE AMOUNT PAID

FOR THE SOFTWARE PRODUCT. LICENSEE

ACKNOWLEDGES THAT THE AMOUNTS PAID BY

LICENSEE FOR THE SOFTWARE PRODUCT REFLECT

THIS ALLOCATION OF RISK. Some states or other

jurisdictions do not allow the exclusion or limitation of liability

for incidental or consequential damages, so the above

limitations and exclusions may not be applicable in certain

instances. None of the above affects the statutory rights of

licensees residing in the United Kingdom.

10. NOT FOR RESALE SOFTWARE

If the Software Product is labeled “Not for Resale” or “NFR,”

then, notwithstanding section 1 of this License, your use of the

Software Product is limited to use for demonstration, test, or

evaluation purposes.

11. NO RENTAL; OTHER TRANSFERS

You may transfer this License to another computer or

workstation only on a permanent basis (that is, with no intent to

transfer again) provided the computer, workstation, or other

digital electronic device from which you have transferred this

License no longer accesses or otherwise utilizes the Software

Product, and the Software Product is used in accordance with

the terms of this License Agreement.

12. TERMINATION

You may terminate this License Agreement at any time. Serif

may terminate this License Agreement if you fail to comply

with the terms and conditions of this License Agreement. In

either event, you must destroy all copies of the Software

Product.

13. UPGRADE

If this License is an “Upgrade,” you must have a valid license

for the Prior Software for this License Agreement to be valid,

and this License Agreement must be used to replace such

license for the Prior Software. The total number of license

“Upgrades” you may acquire may not exceed the total number

of computers, workstations, or other digital electronic devices

that were licensed to access or otherwise utilize the Software

Product at the time you upgraded the Software Product.

14. MISCELLANEOUS

This Agreement shall not be governed by the 1980 U. N.

Convention on Contracts for the International Sale of Goods;

rather, this Agreement shall be governed by the laws of the

State of New Jersey, of the United States of America, including

the Uniform Commercial Code of the State of New Jersey,

without reference to conflicts of law principles. This Agreement

is the entire Agreement between Serif and Licensee and

supersedes any other communications or advertising with

respect to the Software Product. If any provision of this

Agreement is held invalid or unenforceable, such provision

shall be revised to the extent necessary to cure the invalidity or

non-enforceability, and the remainder of this Agreement shall

continue in full force and effect. If the Software Product is

acquired by the United States Government or on its behalf, the

Software is furnished with restricted rights. The use,

duplication, or disclosure by the United States Government and

parties acting on its behalf is governed by, and subject to

restrictions as set forth in subdivision (c) (1) (ii) of the Rights in

Technical Data and Computer Software clause at DFARS

252.227-7013, the subparagraphs (c)(1) and (2) of the

Commercial Computer Software - Restricted Rights at 48 CFR

52.227-19, or other comparable regulations of other government

agencies, as applicable. Licensee agrees not to allow the

Software Product to be sent to or used in any other country

except in compliance with applicable United States laws and

regulations. This Agreement shall constitute the entire

agreement between Serif and Licensee and supersedes all prior

agreements, understandings, communications, proposals or

representations, oral or written, by either party. This Agreement

shall be amended only by an executed writing by authorized

representatives of both parties.

Serif WebPlus 6 Seite 4

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