USER MANUAL BATMODE 2S/2S+ SYSTEM
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4. OWNERSHIP
The Software is licensed to you. You do not own it. The Owner shall at all times retain ownership of the
Software as well as all subsequent copies thereof, regardless of form or storage medium. The owner also
retains the title, and all proprietary rights to the Software, including, but not limited to, all patent,
copyright, trade secret, service marks, registered service marks, trademark or registered trademark
rights.
You agree to protect the confidentiality of the Software, the documentation as well as any accompanying
written materials.
You agree that you will not provide a copy of the Software or documentation or any accompanying
written materials nor divulge any proprietary information of bat bioacoustictechnology to any person,
other than your employees, without the prior consent of bat bioacoustictechnology. You shall use the
best efforts to see that any user of the Software licensed hereunder complies with all provisions and
prohibitions this Agreement.
5. DISCLAIMER OF WARRANTY
THE OWNER DOES NOT GUARANTEE THE FOLLOWING: THAT THE SOFTWARE WILL BE
FREE FROM BUGS, ERRORS, OR OMISSIONS, THAT IT WILL PERFORM WITHOUT
INTERRUPTION, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT NEW RELEASES AND/OR
UPGRADES OF THE SOFTWARE WILL BE PROVIDED. THE SOFTWARE, ANY
INFORMATION, CODES, AND/OR EXECUTABLES PROVIDED, IS SUPPLIED AS IS,
WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE OWNER FURTHER DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
THE RECIPIENT ACCEPTS ANY AND ALL RISK ASSOCIATED WITH THE USE OR
PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE OWNER SHALL NOT BE LIABLE FOR ANY
DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR
INCIDENTAL LOSS OF BUSINESS PROFITS, SPECIAL DAMAGES ARISING FROM THE USE
(OR INABILITY TO USE) THE SOFTWARE, OR FROM ERRORS OR DEFICIENCIES IN IT,
WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF THE OWNER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE OWNER'S
LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. INDISPENSABLE
CLAIMS FOR PRODUCT LIABILITY BY LAW REMAIN UNAFFECTED.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT.
6. GRAPHICS
Icons in parts by Lokas Software (http://www.awicons.com).
7. LAW
This Agreement shall be governed by German laws and regulations and international treaties. Legal
venue shall be Winkelhaid, Germany. This license based upon laws of the federal republic of Germany.
If any part of this license should be declared antinomian by a court with competent jurisprudence the
remaining parts keep their validity anyway.
01/2019, Thomas Scharrer Softwaredevelopment / bat bioacoustictechnology GmbH
