SMI RED250mobile, Руководство пользователя

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© 2015 SensoMotoric Instruments (SMI)
License Agreement and Warranty
Page 157
version of such defective Licensed Material or replace
the Licensed Material with a non-defective version
(“Repeat Performance”). Where considered reasonable,
SMI may also render Repeat Performance by revealing
adequate and reasonable ways to work around the
effects of the defect. In case of defects in title [
Rechtsmängel ], SMI may render Repeat Performance
also by procuring for Licensee the right to continue to
use the Licensed Materials or by replacing or amending
the Licensed Materials (without limiting their quality or
functionality) so that they no longer infringe third party
rights.
b) Licensed Materials are defective, if they do not conform
to SMI’s specification.
c) Licensee’s claims for defects are excluded:
1) for insignificant divergences from the written agreement
between SMI and Licensee, if any, or SMI’s
specification;
2) for insignificant impairments of usability;
3) for damages caused after the transfer of risk by
external influences such as fire, water, currency surge,
etc.,
improper installation, operation, use or
maintenance, use in fields of application and
environmental conditions other than those expressly
specified by SMI, use in combination with other
products not approved by SMI for this purpose,
excessive stress or normal wear and tear;
4) for defects of the Software, which cannot be
reproduced;
5) for defects resulting from Licensee’s or a third party’s
modifications of Licensed Materials;
6) in as far as Licensee has not notified SMI of apparent
defects within five (5) business days of delivery and of
hidden defects within five (5) business days of
discovery.
d) The limitation period for warranty claims is twelve (12)
months. This does not apply for claims for damages in
cases of injury to life, body or health, fraudulently