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3.2
There are no implied licenses granted under this EULA, and all rights save for those expressly
granted to you above, shall remain with the Service Provider.
4
INTELLECTUAL PROPERTY AND OTHER RIGHTS
Title and all Intellectual Property Rights to or associated with the Services and/or the Data shall always
be vested in the Service Provider, its licensors or other suppliers.
5
WARRANTY DISCLAIMER
5.1
The Service Provider shall provide the Services with due care and professional skill in the Territory
until the expiry or termination of the license grant as agreed in section 3.1 above. For the avoidance
of any doubt, the Service Provider’s warranty provided hereunder shall cover only the Services
expressly excluding the Product.
5.2
NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT THE
SERVICES, DUE TO THEIR NATURE AND CONTENT, MIGHT NOT ALWAYS BE FREE FROM
DEFECTS, COMPLETE, REAL-TIME OR AVAILABLE, AND THAT THEY ARE PROVIDED ON
“AS IS” BASIS IN LIEU OF ALL OTHER SERVICE PROVIDER OBLIGATIONS ARISING FROM
THE ACT OR OTHER APPLICABLE STATUTORY LAWS, TRADE USAGE, GENERAL
PRINCIPLES OR OTHER SOURCES OF LAW, WHICH ARE HEREBY EXCLUDED TO THE
FULLEST EXTENT PERMITTED BY THE MANDATORY OBLIGATIONS IMPOSED ON THE
SERVICE PROVIDER IN THE ABOVE-REFERRED SOURCES OF LAW. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY THE MANUFACTURER, ITS DISTRIBUTORS
AND/OR RESELLERS SHALL IN ANY WAY EXTEND THE SCOPE OF THIS WARRANTY.
5.3
IN CASE THE SERVICES HAVE NOT BEEN PERFORMED WITH DUE CARE AND
PROFESSIONAL SKILL AS AGREED IN SECTION 5.1 ABOVE, YOUR SOLE REMEDY IS RE-
PERFORMANCE OF THE SERVICES EXPRESSLY EXCLUDING OTHER REMEDIES ARISING
FROM THE ACT OR OTHER APPLICABLE STATUTORY LAWS, TRADE USAGE, GENERAL
PRINCIPLES OR OTHER SOURCES OF LAW, WHICH ARE HEREBY EXCLUDED TO THE
FULLEST EXTENT PERMITTED BY THE MANDATORY REMEDIES AVAILABLE TO YOU
UNDER THE ABOVE-REFERRED SOURCES OF LAW.
6
LIMITATION OF LIABILITY
6.1
FOR THE AVOIDANCE OF ANY DOUBT, YOU HAVE A RIGHT TO CLAIM DAMAGES FROM
THE SERVICE PROVIDER ONLY IN SITUATIONS IN WHICH SUCH RIGHT CANNOT BE
EXCLUDED BASED ON SECTION 5.3.
6.2
EXCLUDING THE SITUATIONS IN WHICH LIABILITY FOR
(A)
INDIRECT DAMAGES CANNOT
BE LIMITED BASED ON THE MANDATORY PROVISIONS IN THE ACT AND OTHER
APPLICABLE LOCAL LAWS, THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR
INDIRECT DAMAGES; AND
(B)
DIRECT DAMAGES CANNOT BE LIMITED BASED ON THE
MANDATORY PROVISIONS IN THE ACT AND OTHER APPLICABLE LOCAL LAWS, THE
SERVICE PROVIDER SHALL NOT BE LIABLE FOR DIRECT DAMAGES TO THE EXTENT THEY
EXCEED THE FEES, WHICH YOU HAVE ACTUALLY PAID FOR THE SERVICES EXPRESSLY
EXCLUDING THE PRICE OF THE PRODUCT.
6.3
TO THE EXTENT PERMITTED BY THE MANDATORY PROVISIONS IN THE ACT AND OTHER
APPLICABLE LOCAL LAWS, THE LIMITATION PERIOD FOR YOUR CLAIMS FOR DAMAGES
SHALL BE TWO (2) YEARS FROM THE POINT IN TIME WHEN THE CLAIM AROSE AND YOU
BECAME AWARE THEREOF. REGARDLESS OF YOUR KNOWLEDGE THE LIMITATION
PERIOD SHALL ALWAYS BE THREE (3) YEARS FROM THE DAMAGING EVENT.
6.4
WITH THE EXCEPTION OF LIABILITY FOR PERSONAL INJURY OR PROPERTY UNDER THE
APPLICABLE LOCAL PRODUCT LIABILITY LAWS, THE ABOVE LIMITATIONS SHALL APPLY
TO ALL CLAIMS FOR DAMAGES, IRRESPECTIVE OF THEIR LEGAL BASIS.
