Worldwide Construction And Forestry Division 380GLC, Operator'S Manual

Page: 21 / 288

Introduction
Continued on next page OUT4001,00006C5 -19-08NOV10-3/4
16.1 Limited Warranty for Users Residing in European
Economic Area Countries or Switzerland.
If you
obtained the Software in any European Economic Area
country or Switzerland, and you usually reside in such
country, then Section 6 does not apply, instead, Licensor
warrants that the Software provides the functionalities
set forth in the Operators Manuals (the "
agreed upon
functionalities ") for the Warranty Period. As used
in this Section, "Warranty Period" means one (1)
year. Non-substantial variation from the agreed upon
functionalities shall not be considered and does not
establish any warranty rights. THIS LIMITED WARRANTY
DOES NOT APPLY TO SOFTWARE PROVIDED TO
YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES,
OR SOFTWARE THAT HAS BEEN ALTERED BY YOU,
TO THE EXTENT SUCH ALTERATIONS CAUSED A
DEFECT. To make a warranty claim, during the Warranty
Period you must return, at our expense, the Software and
proof of purchase to the location where you obtained it.
If the functionalities of the Software vary substantially
from the agreed upon functionalities, Licensor is entitled
-- by way of re-performance and at its own discretion --
to repair or replace the Software. If this fails, you are
entitled to a reduction of the purchase price (reduction)
or to cancel the purchase agreement (rescission). For
further warranty information, please contact Licensor at
the address listed in Section 18.
16.2 Limitation of Liability for Users Residing in
European Economic Area Countries or Switzerland.
(a) If you obtained the Software in any European
Economic Area country or Switzerland, and you usually
reside in such country, then Sections 7 and 10 do not
apply, Instead, Licensor's statutory liability for damages
shall be limited as follows: (a) Licensor shall be liable only
up to the amount of damages as typically foreseeable
at the time of entering into this Agreement in respect
of damages caused by a slightly negligent breach of a
material contractual obligation and (b) Licensor shall
not be liable for damages caused by a slightly negligent
breach of a non-material contractual obligation.
(b) The aforesaid limitation of liability shall not apply to any
mandatory statutory liability, in particular, to liability under
the German Product Liability Act, liability for assuming a
specific guarantee or liability for culpably caused personal
injuries.
(c) You are required to take all reasonable measures to
avoid and reduce damages, in particular to make back-up
copies of the Software and your computer data subject to
the provisions of this Agreement.
17. Representations of Licensee. BY ACCEPTING
THIS AGREEMENT, YOU: (A) ACKNOWLEDGE
THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT; (B) REPRESENT THAT YOU HAVE THE
AUTHORITY TO ENTER INTO THIS AGREEMENT; (C)
AGREE THAT THIS AGREEMENT IS ENFORCEABLE
AGAINST YOU AND ANY LEGAL ENTITY THAT
OBTAINED THE SOFTWARE AND ON WHOSE BEHALF
IT IS USED; AND, (D) AGREE TO PERFORM THE
OBLIGATIONS OF THIS AGREEMENT.
18. Identification of Licensor and Notices . The
Licensor is the entity identified in the table below. All
notices to Licensor shall be sent by certified or registered
mail to the corresponding address for the Licensor given
below. In each case a copy of the notice shall also be
sent to John Deere Intelligent Solutions Group, ATTN:
Legal, 4140 114th Street Urbandale, IA 50322 U.S.A. All
notices to Licensor shall be effective upon receipt. All
notices required to be given to you shall, in Licensor’s sole
discretion, either be sent via certified or registered mail
to the address given to Licensor in connection with your
purchase of the Machine. Either method of notification
used by Licensor shall be effective upon dispatch. You
agree to notify Licensor of any change in your address in
the manner set forth above.
Place of Purchase Address Governing Law Venue
United States of America John Deere Shared Services, Inc.
One John Deere Place
Moline, IL 61265 U.S.A. State of Illinois, USA Rock Island County, Illinois,
USA
Argentina
Industrias John Deere Argentina, S.A.
Casilla de Correo 80
Rosario (Santa Fe), 2000, Argentina Province of Santa Fe, Argentina Province of Santa Fe, Argentina
Australia or New Zealand John Deere Limited (Australia)
P.O. Box 2022
Crestmead, Queensland, Australia 4132 State of Queensland, Australia State of Queensland, Australia
Canada John Deere Limited
295 Hunter Road
P.O. Box 1000
Grimsby, ON L9K 1M3 Province of Ontario, Canada Province of Ontario, Canada
Chile John Deere Water, S.A.
Cerro Santa Lucia 9990
Quilicura, Santiago, Chile Province of Santiago, Chile Province of Santiago, Chile
Mexico Industrias John Deere, S.A. de C.V.
Boulevard Diaz Ordaz #500
Garza Garcia
Nuevo Leon 66210, Mexico State of Nuevo Leon, Mexico State of Nuevo Leon, Mexico
092221
PN=21