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Please get in contact with Sirrix if you like to evaluate on more computers or if you need a prolongation for more than 30 days. The Product and copies thereof provided to you under this Agreement are copyrighted and licensed, not sold, to you by Sirrix AG. Sirrix AG reserves all copyrights and other intellectual property rights. This includes, but is not limited to, the right to modify, make available or public, rent out, lease, lend or otherwise distribute the Product.
This does not apply as far as applicable law may require otherwise or if Sirrix AG grants you additional rights of use in a separate agreement in writing. Sirrix AG may terminate this Agreement should any Product become, or in Sirrix AG's reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and destroy, Product and confirm compliance in writing to Sirrix AG. Sections , inclusive, will survive termination of the Agreement.
The entire risk as to the quality and performance of the Product is with you. Should it prove defective, you assume the cost of all necessary servicing, repair, or correction.
In addition, Sirrix AG shall be allowed to provide updates to the Product in urgent cases. You are then obliged to install such updates. The entire risk as to the quality and performance of the Product is with you. Should it prove defective, you assume the cost of all necessary servicing, repair, or correction. In addition, Sirrix AG shall be allowed to provide updates to the Product in urgent cases. You are then obliged to install such updates. Such an urgent case includes, but is not limited to, a claim of rights to the Product by a third party.
In no event will Sirrix AG's liability to you, whether in contract, tort including negligence , or otherwise, exceed the amount paid by you for Product under this Agreement.
Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you. In particular, on the Host Computer the third party code and the corresponding licenses are:.
It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. Course of dealing and other standard business conditions of the parties or the industry shall not apply.