User's Manual

Disclaimer of Warranties

Open-E software are licensed "as is" without warrantee of any kind. Open-E GmbH

hereby disclaims all warranties express and implied, relating to Open-E , the installation

utilities and the embedded software including, without limitation, any implied warrantee

of merchantability, fitness for a particular purpose or non-infringement.

Limitation of Liability

In no event will Open-E GmbH liability under this agreement exceed the price that you

paid for your Open-E software. Furthermore, in no event will Open-E GmbH be liable for

any lost profits, lost data, cost of procurement of substitute goods or services, or any

special consequential, incidental, indirect or punitive damages arising out of or under

this agreement.

The limitation of liability set forth in this paragraph will apply, whether or not Open-E

GmbH was advised of the possibility of the loss, liability or damages and

notwithstanding any failure of essential purpose of any limited remedy.

Waiver

No delay or failure of Open-E GmbH to exercise any right under neither this agreement

nor any partial exercise thereof shall be deemed to constitute a waiver or any rights

granted hereunder or under law.

Unlawful Provisions

If any provision of the agreement is held to be unenforceable for any reason, all other

provisions of this agreement shall nevertheless be deemed valid and enforceable to the

fullest extent possible.

Entire Agreement

This agreement constitutes the sole and exclusive agreement between the parties

concerning the subject matter hereof.

LIMITED WARRANTY

Open-E warrants that the media on which the software is distributed will be free from

defects for a period of ninety (90) days from the date of delivery of the software to you.

Your sole remedy in the event of a breach of this warranty is that Open-E will, at its

option, replace any defective media returned to Open-E within the warranty period, or

refund the money you paid for the software. Open-E does not warrant that the software

will meet your requirements, that operation of the software will be uninterrupted, or that

the software will be error-free.

Authorized Service

Only an authorized service representative can service Open-E software. Failure to

comply with this requirement will void the warranty.

Applicable Law

This agreement shall be governed by German law. You agree to jurisdiction and venue

in the courts located in Munich, Germany for all claims, disputes and litigation arising

under or related to this agreement.