Version: 20210708
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End User or any other breach of its commitments under
Article 4.1.2
; or
(iii)
a power
surge or failure at the End User’s location
.
7.3.2
Araani is not responsible for examining or maintaining the compliance of external hardware
devices, in which the Application is installed and shall not warrant the compensation of any
damage or the correction of any malfunction of the Application caused by such external
hardware device.
7.3.3
If national law applicable to the use of the Application provide that certain warranties cannot
be excluded or can only be excluded to a limited extent, this EULA shall be interpreted in
accordance with such national law provisions.
8.
LIMITATION OF LIABILITY
8.1
Araani’s liability
8.1.1
Araani’s
total liability to the End User for all claims relating to this EULA or the use of the
Application shall not exceed the License Fee.
8.2
Exemption for indirect damages
8.2.1
Araani shall not be liable for any incidental, special, indirect, or consequential damages
whatsoever, such as, but not limited to: damages for loss of property, loss of profits, loss of
revenue, loss of data, business interruption, reputational damage, (legal) advisory fees, etc.
8.3
Misuse of the Application
8.3.1
The End User recognizes that the Application cannot be considered as a (substitute for a) smoke
detector. Accordingly, Araani cannot be held liable by any person for any damages for loss or
damage of property, death or personal injury to any person caused by (the non-detection of)
fire or related occurrence.
8.4
Wilful misconduct, gross negligence, personal injury or death
8.4.1
The limitations of liability set forth in this
Article 8
shall not apply to damages caused by wilful
misconduct or gross negligence, personal injury or death attributable to Araani or the
Application.
9.
TERMINATION
9.1
Breach of any of the terms of this EULA by the End User shall result in the immediate revocation
of the standard or Trial license. In such case, the End User shall not be entitled to a refund of
the License Fee.
9.2
Upon termination (for whatsoever reason), the End User is obliged to destroy all copies of the
Application and associated license files, including backup or archival copies on external storage,
and uninstall the Application from all hardware devices it owns or controls.
10.
EXTERNAL SERVICES
10.1
The End User agrees to use External Services at its sole risk. Araani is not responsible for
examining or evaluating the content or accuracy of any External Services, and shall not be liable
for any such External Services.
