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1 Limited warranty

1.1 For users from Germany or Austria

If you obtained the software in Germany or Austria and you usually reside in either country, except as may be otherwise provided in section 4 Helge Klein GmbH warrants that the software provides the functionalities set forth in the documentation for the limited warranty period following receipt of the software when used on the recommended hard- and software configuration. As used in this section “limited warranty period” means one year for business users and two years for other users. Non-substantial variations from the agreed functionalities shall not be considered and do not establish any warranty rights. This limited warranty does not apply to software provided to you free of charge (e.g. free, evaluation or pre-release software).

1.2 For users from all other countries

Except as may be otherwise provided in section 4 Helge Klein GmbH warrants to the person or entity that first purchases a license for the software for use pursuant to the terms of this license, that the software will perform substantially in accordance with the documentation for 90 days after receipt of the software when used in the recommended hard- and software configuration. Non-substantial variations of performance from the documentation do not establish a warranty right. This limited warranty does not apply to free, evaluation or pre-release (patches, beta versions) software. To make a warranty claim you must return the software to the location where you obtained it along with proof of purchase within such 90 day period. If the software does not perform substantially in accordance with the documentation the entire liability of Helge Klein GmbH shall be limited to, at Helge Klein GmbH’s option, the replacement of the software or the refund of the license fee you paid for the software.

2 Disclaimer

The foregoing limited warranty states the sole and exclusive remedies for Helge Klein GmbH’s breach of warranty. Helge Klein GmbH does not and cannot warrant the performance or results you may obtain by using the software. Except for the foregoing limited warranty, and for any warranty, condition, representation or term to the extent to which the same cannot or may not be excluded or limited by law applicable to you in your jurisdiction, Helge Klein GmbH makes no warranties, conditions, representations or terms, express or implied, whether by statute, common law, custom usage or otherwise as to any other matters, including but not limited to non-infringement of third party rights, integration, satisfactory quality or fitness for any particular purpose. The provisions of sections 2 and 3 shall survive the termination of this agreement.

3 Limitations of liability

3.1 For users from Germany or Austria

If you obtained the software in Germany or Austria and you usually reside in either country, Helge Klein GmbH’s statutory liability for damages shall be limited as follows: 1) Helge Klein GmbH shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of material contractual obligation and 2) Helge Klein GmbH shall not be liable for damages caused by a slightly negligent breach of non-material contractual obligation. The aforesaid limitation of liablilty shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries. You are required to take all reasonable measures to avoid and reduce damages, especially to make backup copies of your computer data and the software subject to the provisions of this agreement.

3.2 For users from all other countries

In no event will Helge Klein GmbH be liable to you for any damages, claims or costs whatsoever or any consequential, indirect, incidential damages, or any lost profits or lost savings, even if a representative of Helge Klein GmbH has been advised of the possibility of such loss, damages, claims or costs or any claims by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. Helge Klein GmbH’s aggregate liablity shall be limited to the amount paid for the software, if any. Nothing containted in this agreement limits Helge Klein GmbH’s liability to you in the event of death or personal injury resulting from Helge Klein GmbH’s negligence or for the tort of deceit (fraud).

4 Specific exceptions

If the software is pre-release or beta software then the following applies. To the extent that any provision of this section is in conflict with any other term(s) or condition(s) in this agreement, this section shall supercede such other term(s) and condition(s) with respect to the pre-release software, but only to the extent necessary to resolve the conflict. You acknowledge that the software is not a final product and may contain bugs or errors and could cause system or other errors and data loss. Consequently, pre-release software is provided “as-is” and Helge Klein GmbH disclaims any warranty or liability obligations to you of any kind. Where liability for the pre-release software cannot be excluded but may be limited, Helge Klein GmbH’s liability shall be limited to the sum of 50 Euros in total.