Ryf AG Ash INSPEX II, Руководство пользователя

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INSPEX II User Manual
INSPEX II English Rev 1.06, SW Rev 1.06
The Licensor does not seek to exclude or limit liability where such exclusion or limitation is
precluded from applicable law, including any liability that may arise in respect of (i) death or
personal injury resulting from the Licensor’s negligence, or (ii) fraud.
Subject to the rest of the provisions of this Clause 0, the cumulative liability of the Licensor in
respect of any and all claims made under or in connection with this EULA shall not exceed an amount
that is equal to the price paid for the Ash Product excluding VAT and other applicable taxes.
Subject to Clause 00, the Licensor shall in no circumstances be liable for any type of special, indirect
or consequential loss, for any loss of profit, revenue, or anticipated saving, lost, incorrect or spoilt
data, loss of use, loss of contracts with third parties, loss of business or loss of goodwill, even if such
loss was reasonably foreseeable or the Licensor had been advised of the possibility of the same
arising.
Duration and termination
Commencement and termination. This EULA, and the licence granted hereunder, shall come into
effect on the Start Date and shall continue in force unless and until terminated in accordance with
Clause 0 or Clause 0.
Termination by either party. Either Party may terminate this EULA, and the licence granted
hereunder, at any time by notice in writing to the
other Party (the “Other Party”), such termination
to take effect as specified in the notice:
if the Other Party is in material or persistent breach of any provision of this EULA and, in the case of
a breach capable of remedy within 30 days, the breach is not remedied within 30 days of the Other
Party receiving notice specifying the breach and requiring its remedy; or
if (i) the Other Party becomes insolvent or unable to pay its debts as and when they become due; or
(ii) an order is made or a resolution is passed for the winding up of the Other Party (other than
voluntarily for the purpose of solvent amalgamation or reconstruction); or (iii) a liquidator,
examiner, receiver, receiver manager, or trustee is appointed in respect of the whole or any part of
the
Other Party’s assets or business; or (iv) the Other Party makes any composition with its creditors;
or (v) the Other Party ceases to continue its business; or (vi) as a result of debt and/or
maladministration the Other Party takes or suffers any similar or analogous action in any jurisdiction.
Termination if the Ash Product is sold. This EULA will terminate automatically if the Ash Product is
sold.
Consequences of termination. In the event of any termination of this EULA for any reason any
licence granted by the Licensor under this EULA shall automatically terminate without further notice,
and the End User shall make no further use of, or carry out any other activity in relation to, the
Software; and
Accrued rights. Termination of this EULA for any reason shall not affect the rights and obligations of
the Parties accrued before termination, including any right to claim damages. The rights and
obligations of the Parties set out in Clauses 0, 0, 0, 0, 0, and 0 shall survive any termination of this
EULA for any reason.