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3. Sublicences, assignment
Issuing sublicences for the use of the Ottobock Software is prohibited. Renting, leasing, loaning, or otherwise tempor
arily ceding the Ottobock software to a third party is also prohibited.
The permanent assignment of the usage rights granted to you is only possible when:
•
the third party to whom the rights are to be assigned accepts the terms and conditions of this licence agreement,
•
the entire Ottobock software, and not just parts thereof, is assigned, and
•
you do not retain any copies of the Ottobock software, not even in the main memory or cache of your computer.
4. Liability
Ottobock is liable to you according to the provisions of the Product Liability Act; in case of intent or gross negligence;
for the loss of life, physical injury or the impairment of health; where Ottobock issues any guarantees; and in other
cases of mandatory legal liability – respectively pursuant to the applicable legal regulations. Damages shall be limited
to an amount representing typically foreseeable damages. Damage compensation claims against Ottobock in case of
slight negligence are excluded.
Any other claims for compensation by you against Ottobock – no matter on what legal grounds and especially due to
material defects, defective title and/or the breach of other obligations arising from the contract on the part of Ottobock,
its legal representatives, employees, or assistants or due to illegal acts – are excluded.
To the extent that the liability of Ottobock is limited or excluded by the preceding provisions, the same applies to the
personal liability of the legal representatives, employees or vicarious agents of Ottobock.
The preceding provisions do not affect the burden of proof to your detriment. Claims for compensation on your part
expire within the legal period of limitation, starting at the beginning of said period as established by law.
Ottobock is not liable for specific fitness or specific characteristics of the Ottobock software.
All claims shall be excluded if you fail to use and operate or modify the software expertly and properly and/or if you
combine or operate the software with unsuitable components.
5. Applicable law and jurisdiction
This licence agreement shall be subject to the laws of the country in which the manufacturer is domiciled. The UN con
vention on contracts for the international sale of goods does not apply. The exclusive jurisdiction for all disputes arising
from or in relation to this licence agreement is the registered office of the manufacturer.
6. Severability clause
Should one or more provisions of this agreement be or become ineffective or unenforceable in whole or in part, the
validity of the remaining provisions of the agreement shall not be affected.
Any arrangement, change or addition (particularly commitments with respect to characteristics, features or the quality
of the software product) in connection with this EULA shall be deemed void unless made in writing and unless
Ottobock’s prior consent has been obtained.
