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4.3 Upon transfer Licensee must immediately destroy any copies of the Software or parts thereof

including any changed or modified copies or parts thereof. This also applies to any back-up

copies.

4.4 Licensee may not rent, lease or subdivide any rights granted by this license or transfer or

grant sublicenses unless explicitly allowed in the Agreement.

5 Limited Warranty

5.1 Subject to the limitations and exclusions of liability below, the Licensor warrants that the

Software will materially conform with any documentation that accompanies it and with any

written descriptions provided by the Licensor.

5.2 Subject to sub-Clause 5.1, the Software is provided «as is» without any warranty of any kind,

whether express or implied, including but not limited to the implied warranties of

merchantability, fitness for a particular purpose, title and non-infringement.

5.3 The Licensor does not warrant that the Software will be error-free or that such errors will be

corrected and the Licensee is solely responsible for all costs and expenses associated with

the rectification, repair or damage caused by such errors.

5.4 The Licensor shall not be liable if the Software fails to operate in accordance with the limited

warranty set out in sub-Clause 5.1 as a result of any modification, variation or addition to the

Software not performed by the Licensor or caused by any abuse, corruption or incorrect use

of the Software, including use of the Software with equipment or other software which is

incompatible.

6 Obligations to examine and to notify

6.1 Licensee is obliged to examine the Software for any evident faults. An evident fault means a

fault obvious to the average Licensee. Unless Licensor is notified of such faults within 14 days

of downloading the Software, the warranty will expire.

6.2 Licensor has to be informed of any other fault within fourteen days of its discovery.

6.3 This license does not affect any further obligations of Licensee normally owed in the course of

business.

6.4 If this obligation is violated, Licensee will be deemed to have accepted the Software as

faultless.

DOCUMENTATION

7 Warranty

7.1 Except as expressly provided herein, Licensor excludes all warranties, representations,

terms, conditions or other commitments of any kind, whether express or implied, statutory or

otherwise, and specifically disclaims all implied warranties, including (without limitation) any

warranties, representations, terms, conditions or other commitments of merchantability or

fitness for a particular purpose or of satisfactory quality or of reasonable skill and care, in

each case, to the maximum extent permitted by applicable law. Without prejudice to the

foregoing, the Documentation is provided ‘as is’, as available and without warranty of any

kind.

7.2 Information and views expressed in the Documentation, including URL and other Internet

Web site references, may change without notice.

7.3 Some examples depicted in the Documentation are provided for illustration only and are

fictitious. No real association or connection is intended or should be inferred.

8 Intellectual Property Rights

8.1 All ownership and intellectual property rights in the Documentation and any derivative work(s)

shall remain exclusively with the Licensor and/or its licensors. Licensee acknowledges such

ownership rights and will not take any action to jeopardise, limit or interfere in any manner

with Licensor’s rights with respect to the Documentation. Furthermore, Licensee may not

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