DAB-XPlorer / DABXP / DABRF
– Getting Started
69
§9
Duration of the Agreement
The duration of the agreement is unlimited. The right of use of the licensee with respect to
the software automatically ceases without notice if he/she violates a term of this agreement.
Upon termination of the right of use, the licensee is bound to destroy the original data
carriers and any copies of the software including any modified versions, as well as the
material in writing. Upon request of IB-Mulka, the complete destruction must be declared
under oath before a notary.
§10 Damages in the Case of Violation
The licensee is liable for any damages due to the violation of copyrights, which will occur to
IB-Mulka on the grounds of a violation of the terms of this agreement by the licensee.
§11 Modifications and Updates
IB-
Mulka is entitled to develop updates of the software at the company’s own discretion. The
company is not obliged to provide any updates of the program to licensees whose software
has not been registered or who have not paid the required update fee.
§12 Warranty
IB-Mulka indicates to the customers that according to the current state of the art, it is
impossible to develop software in such a way that it is working error-free anytime in all
applications and combinations, especially together with different hardware components. IB-
Mulka guarantees for a period of 24 months upon date of delivery that the software delivered
by IB-Mulka is essentially free from material and production defects and is essentially
working according to the accompanying user manual. Warranty is limited to these terms.
In the case of a rightful notice of defects, IB-Mulka reserves the right to remedy the defects
for three times or, in the case of a final failure of such remedy, to grant to the licensee the
right to cancellation or price reduction at his/her choice.
A right to cancellation or reduction will only be granted to the licensee if a program defect will
prove to be substantial and essential for the entire performance and if such defect cannot be
neutralized through other possibilities of the software.
Any other warranty is expressly excluded, particularly as to the appropriateness of the
software for the licensee’s purposes, as to damages caused directly or indirectly (e. g., lost
profit or interruptions in operation) or as to the loss of data, as well as to damages in
connection with the reproduction of lost data, to the exception that intent or gross negligence
can be proved to IB-Mulka or its employees.
IB-Mulka reserves the right to make modifications of the software also after delivery if these
will improve the performance of the software and will not affect any other parts of the
software. Information in manuals and/or documentations and/or promotion materials which
refers to extension possibilities of a product or to available accessories, is non-binding,
especially because the software is subject to continuous adaptations and such information
may also refer to future developments.
§13 Limitation of Liability
Liability (also non-contractual) of IB-Mulka is excluded insofar as IB-Mulka is not liable due to
binding legal provisions, for example on the grounds of intent or gross negligence, missing
properties which have been ensured, or violation of obligations essential to the agreement.
If a third party puts forward any claims against the licensee on the grounds of protective
rights or with respect to protective rights due to the delivery according to the object of the
agreement, IB-Mulka is entitled and bound to
