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5.2
In such case, Araani shall process such personal data of the End User in accordance with Privacy
Legislation and with the Araani privacy policy as published on the Website:
https://www.araani.com/en/standalone-pages/privacy-policy/
6.
INTELLECTUAL PROPERTY RIGHTS
6.1
The End User acknowledges that Araani is and remains the sole owner of all Intellectual Property
Rights related to the Application, developed by Araani itself (or by a third party for the benefit
of Araani). Nothing in this EULA shall be construed as to limit Araani’s right, title and interest in
the Application.
6.2
Araani warrants that the Application does not infringe upon the intellectual property rights of
any third parties. If a third party (successfully) claims that the Application infringes upon its
intellectual property rights, Araani shall obtain the right to use the third-party software or will
amend or replace it so as to allow the End User to lawfully use it.
7.
WARRANTY
7.1
Compatibility
7.1.1
Araani warrants for one (1) year that the Application shall run on compatible hardware devices
and that the Application shall perform substantially as described in the Application
Documentation.
7.2
Software maintenance and updates
7.2.1
During the first year of the license, Araani shall (proactively) take all commercially and
technically reasonable measures to ensure that the Application is error/defect-free and free of
malicious code. To that effect, Araani shall to its best abilities make sure that the Application is
regularly updated and shall perform software maintenances if required. Beyond said first year,
Araani shall only be required to proactively update the Application to fix severe bugs or other
malicious code that make it impossible or seriously prevent the use of the Application (in
general or by a specific End User).
7.2.2
The End User acknowledges that the aforementioned is subject to its own efforts to:
✓
notify any bugs of or other errors in the Application to the Supplier; and
✓
use, at all times, the latest (updated) version(s) of the Applications, if made available to
the End User.
7.3
Exemptions
7.3.1
Araani shall not warrant:
✓
that the Application shall work on every hardware device and on future versions and
upgrades of such hardware device, given the ever evolving and changing nature of
technology;
✓
that all defects in the Application shall be corrected;
✓
the compensation for damage caused by an alteration or a modification made by the End
User or another non-authorized person, or the correction or reparation of any
malfunction caused by such alteration/modification;
✓
the correction or reparation of a malfunction caused by (non-limited)
(i)
the improper
use or installation of the Application in violation with
Article 4.1.1
; (ii) negligence of the
