Myray hyperion X9, Operator'S Manual

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OPERATOR'S MANUAL EN
c. Prohibition of transfer / sub-licence / leasing. The User cannot transfer, grant under a sub-licence, whether free-of-
charge or upon payment, or let out under a leasing or any other arrangement, this Software to third parties.
Unless otherwise agreed, the user cannot allow third parties the use of the software even for promotional,
demonstration or educational purposes.
If the User does not adhere to the conditions of use of the Software and, therefore, in the event of failure to observe,
or violation of, the terms laid out in this paragraph at points a, b and c the licence shall be withdrawn. If this should
happen, the Author has the right to request that the User destroys all copies of the Software and all component
parts in its possession.
Under these circumstances the author shall have the right to claim for damages.
12.1.4. GUARANTEE AND EXCLUSIONS FROM THE GUARANTEE
The Software is supplied in its original state and the Author does not offer and shall not acknowledge any guarantee
for original defects or defects which might subsequently arise and shall not make any guarantee of quality or trouble-
free functioning as regards the Software. Furthermore the Author shall not offer or acknowledge any guarantee
regarding compliance of the Software with that described in the electronic documentation made available “on-line” or
in any other manner, except for the guarantee for the actual storage medium (USB PEN DRIVE) if this should be
damaged or unusable.
Any other guarantee is excluded even if the Software is installed in or is part of other software applications developed
by third parties. In addition, in relation to these applications, the Author expressly states that no checks of any kind
have or will be made as regards the functioning of this product.
12.1.5. LIMITS OF RESPONSIBILITY
Under no circumstances shall the Author or its suppliers be held responsible for direct or indirect damage (including
damage resulting from lost earnings, lack of earnings or savings, interruption of business, loss of information or data
and other economic loss) caused to the User or third parties by the use or improper use of the Software product even
if the author has been informed of the possibility of such damage. This limit of responsibility is not only applicable when
the Software is used improperly and not as instructed in the Author’s indications but also when the Software is used
properly and in compliance with the Author’s directions.
12.1.6. APPLICABLE LAWS, JURISDICTION AND COURT OF JURISDICTION
The conditions of this licence are subject to Italian law. Notwithstanding other standards bringing together individual
laws or International Conventions, any disputes which might arise between the parts regarding the interpretation or
execution of this agreement shall come under the exclusive jurisdiction of Italian law and the exclusive court of
jurisdiction shall be the Law Court of Bologna.
12.1.7. WRITTEN FORM
Any modifications should be made in written form. Failure to observe the above shall result in the agreement being
made null and void. The parties agree not to recognise the validity in law of any verbal agreements made by any person
previously, at the same time or subsequently to the written contract and state that at no time from this moment on shall
any attempt be made to validate any verbal agreement which might alter that laid down in the present general
conditions. The author reserves the right to modify the present general conditions at any time and unilaterally and to
communicate any such changes by the most suitable means.
12.1.8. TRANSLATION
As regards the translation of this licence into other languages it remains understood that, should any inconsistencies
arise regarding interpretation, the Italian version shall prevail.
12.1.9. SOFTWARE COMPLIANCE WITH THE REGULATIONS IN FORCE
If the Author declares compliance of the Software with specific laws or regulatory standards, such compliance shall be
deemed valid on the date the Author places the product on the market.
It being evident that legislative or regulatory modifications are always possible as are changes in the interpretation of
regulations, and also considering that any modifications and changes would make the Software in possession of the
User no longer compliant to such regulations, the User is obliged to from time to time ascertain whether the use he
intends to make of the Software is legitimate (or in any case still legitimate) and abstain from using the Software in
case of doubt about compliance with the law for the use he intends to make of the Software, promptly notifying the
Author of the circumstances.