SignalShark User Manual
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5. Warranty and Liability.
5.1 The local authorized sales partner as an official Narda Safety Test Solutions GmbH
representative warrants that the media (CD-ROM or floppy disk) containing the Software is
free from defects in manufacture for a period of 90 days after it has dispatched it to the
Licensee. The local authorized sales partner will replace the media at no charge if the
Licensee notifies the local authorized sales partner in writing of the manufacturing defect and
returns the defective media within 90 days from the date the local authorized sales partner
dispatches it. The risk of loss of, and title in, the media (CD-ROM) passes to the Licensee
upon its receipt.
5.2 Clause 5.1 does NOT apply to the Software. In relation to the Software, YOU
EXPRESSLY ACKNOWLEDGE AND AGREE that the Software is supplied "as is" and that
the local authorized sales partner or Narda Safety Test Solutions GmbH does NOT in any
way warrant or represent that:
(a) It is error-free, of merchantable quality or any particular quality, fit for any particular
purpose, its operation will be uninterrupted, or it will perform to any particular standard;
(b) Any data, information, or result generated by it or with its use will be accurate or suitable
for any particular purpose; or
(c) Its use, or use of any Materials, will not infringe any third party IP right.
5.3 YOU AGREE to use the Software, and any data, information, or result generated by or
with the use of the Software, entirely at your own risk, including assuming the entire risk as to
the performance of the Software. The Licensee indemnifies both the local authorized sales
partner and Narda Safety Test Solutions GmbH against any loss, damage, costs and
expenses (including legal costs) that any of them may incur as a result of:
(a) Use of the Software and / or Materials by the Licensee, any Authorized Employee, or any
other person who the Licensee or any Authorized Employee allows (directly or indirectly) to
access the Software and / or Materials (whether or not such access is authorized under this
Software License Agreement), including any infringement of any third party right through
such use;
(b) A breach of this Software License Agreement by the Licensee or any Authorized
Employee; or
(c) Any negligent act or omission by the Licensee, any Authorized Employee, or any of the
Licensee's other employees, contractors or agents.
5.4 The liability of Narda Safety Test Solutions GmbH for indirect consequential damages
and any indemnity, additional costs etc. is limited.
The limitation of liability does not include damages:
•
Of life, the body, or health resulting from, at least, a negligent breach of duty;
•
Resulting from the product safety / liability law;
•
Resulting from, at least, a gross negligent breach of duty by Narda or its explicit agent.
Furthermore, the limitation of liability is not valid for damages resulting from, at least, a gross
negligent breach of the fundamental duties of this Agreement.
6. Severability
Should any provision of this Agreement be or become invalid, ineffective or unenforceable,
the remaining provisions of this Agreement shall be valid. The parties agree to replace the
invalid, ineffective or unenforceable provision by a valid, effective and enforceable provision
which best meets the commercial intention of the parties. The same shall apply in case of
omissions.
