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4. LIMITED WARRANTIES
Limited warranties are granted to the Licensee by the reseller of INTERTEX products from which the Licensee
has purchased the Software, in accordance with a separate Warranty Statement attached to the Licensee’s
purchase agreement or to order confirmation or included in the delivery.
5. LIMITATION OF LIABILITY
Without prejudice to the Licensee’s rights against the reseller according to a separate Warranty Statement as
provided in Section 4, the Licensee hereby acknowledges that software in general is not error-free and agrees
that the existence of such errors shall not constitute a breach of this Licence. THE SOFTWARE IS
FURNISHED AS IS AND INTERTEX DISCLAIMS, TO THE EXTENT PERMITTED BY THE APPLICABLE
LAW, ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE.
INTERTEX shall not be liable for any loss or damage whatsoever or howsoever caused arising directly or
indirectly in connection with this Licence, the Software, its use or otherwise, except to the extent that such
liability may not be lawfully excluded under the applicable law. Notwithstanding the generality of the
preceding sentence, INTERTEX expressly excludes liability for indirect, special, incidental or consequential
loss or damage which may arise in respect of the Software, its use, the System or in respect of other
equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings.
In the event that any exclusion contained in this Licence shall be held to be invalid for any reason and
INTERTEX becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to
the licence fee paid for the Software.
INTERTEX does not exclude liability for death or personal injury to the extent only that the same arises as
a result of the negligence of INTERTEX, its employees, agents or authorized representatives.
6. COPYRIGHT, PATENTS, TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
The Licensee acknowledges that any and all of the copyright, trademarks, trade names, patents and other
intellectual property rights subsisting in or used in connection with the Software including all documentation and
manuals relating thereto are and remain the sole property of INTERTEX. The Licensee shall not during or at
any time after the expiry or termination of this Licence in any way question or dispute the ownership by
INTERTEX.
.
7. TERMINATION
INTERTEX may by notice in writing terminate this Licence if the Licensee is in breach of any term,
condition or provision of this Licence or required by the applicable law and fails to remedy such breach (if
capable of remedy) within 30 days of having received written notice from INTERTEX specifying such
breach. Termination, howsoever or whenever occasioned shall be subject to any rights and remedies
INTERTEX may have under this Licence or under the applicable law.