All drivers, software and tools available for download through any website owned and operated by Kontron are the copyrighted work either by Kontron or by third party software vendors. The download and use of such drivers, software and tools is only allowed if the downloading party (in the following: customer) agrees to respective license or other arrangements, if any, between Kontron or third party vendor and customer.
The downloaded drivers, software and tools are warranted, if at all, only according to the relative licence agreements. Except as warranted in those licence agreements, any warranty or liability of Kontron is based on the following stipulations:
1. General liability of Kontron for drivers, software and tools, limitation of liability
1.1. Although Kontron has tested the drivers, software and tools thoroughly, Kontron does not guarantee that the drivers, software and tools available will be uninterrupted or error free. In addition, Kontron does not guarantee that the content on its sites is always up-to-date. Its sites and any content is distributed on an "as is, as available" basis.
1.2. Any material that customers download or otherwise obtain through Kontron's sites is done at the customer's own discretion and risk, and the customer will be solely responsible for any potential damages to his hardware or loss of data that results from the download of any such material from Kontron's sites.
1.3. The customer is solely responsible that any donwloaded material meets customer’s requirements and expectations.
1.4. Before installation and usage of any drivers, software and tools, the customer is obliged to read and strictly follow the manuals and installation guides related to the drivers, software and tools.
1.5. The customer is solely responsible for adequate protection and backup of the data and equipment used in connection with any downloaded software, drivers or tools of Kontron's sites.
1.6. Neither Kontron makes any representations or warranties as to the truth, accuracy or completeness of any statements, information or materials concerning drivers, software and tools that are contained on and within any of the websites owned and operated by Kontron.
1.7. Neither Kontron nor any of our partners makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose or non-infringement.
1.8. Kontron is only liable in case of intention and gross negligence. Under no circumstances will Kontron be liable for any indirect, punitive, special, incidental or consequential damages or any loss of profit, loss of production however they may arise and regardless on which legal basis they are based on.
1.9. Some countries do not allow exclusion of implied warranties or limitation of liability as outlined under the clause above, therefore, the above limitations or exclusions may not apply to you. In such countries, Kontron’s liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by the relevant law.
1.10. If the limitations of liability mentioned above are invalid, the following clause shall be applied:
Kontron shall be liable without limit for intentional and grossly negligent acts only (including those of its legal representatives and agents) and for damage to life, bodily harm and damage to health. Kontron shall also be liable without limit for guarantees or assurances given if a defect that is covered by such a guarantee or assurance triggers liability. Further, there shall be no limit to liability resulting from hazardous circumstances (in particular in accordance with the German product liability act/Produkthaftungsgesetz). This shall not affect possible liability in accordance with the entrepreneur's recourse principles contained in §§ 478 et seq. German Civil Code/BGB. Kontron's remaining liability in respect of culpable breaches of material contractual duties (cardinal duties) shall be limited to forseeable loss as is typical for this kind of agreement. All other liability shall be excluded regardless of its legal basis (in particular claims resulting from a breach of primary or secondary contractual obligations, illicit acts and liability for other tortious acts). The same (exclusions, limitations and exceptions) shall apply in respect of claims on the grounds of fault at the time of concluding the agreement. This clause 1.10. shall apply analogously in relation to the reimbursement of expenses (to the exception of any reimbursement as provided in §§ 439 ii and 635 ii German Civil Code/BGB). Exclusions and limitations of liability shall also apply in respect of Kontron's legal representatives and agents. this agreement does not purport to reverse the burden of proof. Cardinal duties means material contractual duties, i.e. those duties which give the agreement its character and on which the customer may rely.
2. Additional limitation of liability for third party drivers and software:
2.1. Any questions complaints or claims related to third party drivers and software should only be directed to the appropriate author or company responsible for developing the software. Responsibility or any liability of Kontron for third party of third party material is excluded.
2.2. Kontron makes no representations or warranties of any kind concerning the quality, safety or suitability of any third party drivers and software.
2.3. Kontron will not be liable for any damages that customer may suffer in connection with using, modifying or distributing any of the third party software.
2.4. Clause 1 shall apply additionally.
3. Choice of law; jurisdiction, interpretation
3.1. The validity, construction and performance of this stipulations shall be governed by the laws of Germany excluding the stipulations on conflict of laws (EGBGB) and the united nations convention on contracts for the international sale of goods (cisg).
3.2. The parties agree, that the courts of Germany shall have the exclusive jurisdiction in respect of any dispute, suit, action or proceedings which may arise out of or in connection with this agrrement.
3.3. This contract shall be construed according to German law. In the event that there is any conflict between the english legal meaning and the German legal meaning of this contract or any part hereof the German legal meaning shall prevail.
3.4. Should certain conditions of this disclaimer or any part thereof be declared invalid or unenforceable, the remainder of the disclaimer shall continue on unchanged terms and conditions, and the parties shall agree on replacement terms, which to the extent possible shall express the initial intention of the parties.
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