Owner`s manual
Page 19
5. FORCE MAJEURE
The Company shall not be liable for any breach of its obligations hereunder resulting from causes beyond
its reasonable control including, but not limited to, res, strikes (of its own or other employees), insurrection
or riots, embargoes, container shortages, wrecks or delays in transportation, inability to obtain supplies and
raw materials, or requirements or regulations of any civil or military authority.
6. WAIVER
The waiver by either party of a breach of the provisions hereof by the other shall not be construed as a
waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part
of either party to exercise any right that it may have under this Licence operate as a waiver of any breach or
default by the other party.
7. NOTICES
Any notices or instruction to be given hereunder shall be delivered or sent by rst-class post or telecopier to
the other party, and shall be deemed to have been served (if delivered) at the time of delivery or (if sent by
post) upon the expiration of seven days after posting or (if sent by telecopier) upon the expiration of twelve
hours after transmission.
8. ASSIGNMENT AND SUBLICENSING
The Licensee may at his discretion assign the System and in doing so shall assign this Licence its rights and
obligations to the purchaser who shall without reservation agree to be bound by this Licence. The original
Licensee and any subsequent Licensees shall be bound by the obligations of this Licence in perpetuity.
9. LIMITATION OF LIABILITY
The Company‘s maximum liability under any claim including any claim in respect of infringement of the
intellectual property rights of any third party shall be, at the option of the Company either:
(a) return of a sum calculated as the price received for the System by the Company from its immediate
customer depreciated on a straight line basis over a one year write-off period; or
(b) repair or replacement of those components of the System that do not meet the warranties contained
within this Document.
The foregoing states the entire liability of the Company to the Licensee.
10. CONSEQUENTIAL LOSS
Even if the Company has been advised of the possibility of such damages, and notwithstanding anything
else contained herein the Company shall under no event be liable to the Licensee or to any other persons for
loss of prots or contracts or damage (whether direct or consequential) arising in connection with the System
or any modication, variation or enhancement thereof and including any documentation or data provided by
the Company or for any other indirect or consequential loss.
11. ENTIRE AGREEMENT
The Company shall not be liable to the Licensee for any loss arising in connection with any representations,
agreements, statements or undertakings made prior to the date of supply of the System to the Licensee.
12. TERMINATION
This Licence may be terminated forthwith by the Company if the Licensee commits any material breach
of any terms of this Licence. Forthwith upon such termination the Company shall have immediate right of
access to the System for the purpose of removing it.
13. SEVERABILITY
Notwithstanding that the whole or any part of any provision of this Document may prove to be illegal or
unenforceable the other provisions of this Document and the remainder of the provision in question shall
remain in full force and effect.
14. HEADINGS
The headings to the Clauses are for ease of reference only and shall not affect the interpretation or
construction of this Document.
15. LAW
This Document shall be governed by and construed in accordance with English law and all disputes
between the parties which cannot be resolved by negotiation shall be determined by arbitration in England
in accordance with the Arbitration Act 1950 and 1979.