Haftungsausschluss

Rights and Duties of the USER

HILSCHER hereby grants the USER the right to use the DOCUMENTATION exclusively for developing and supporting products compliant with the DOCUMENTATION. The user may copy the DOCUMENTATION for this purpose and for data backup purposes.
The USER shall not be entitled to modify, decompile, reverse engineer or extract any individual parts of the DOCUMENTATION, unless this is permitted by mandatory copyright law. Furthermore, USER shall not be entitled to remove any alphanumeric identifiers, trademarks or copyright notices from the DOCUMENTATION and, insofar as USER is entitled to make copies of the DOCUMENTATION, USER shall copy them without alteration.
USER shall not be entitled to publish, market or distribute the DOCUMENTATION.

Liability of HILSCHER

HILSCHER shall have no obligation to enhance the DOCUMENTATION and can change the DOCUMENTATION without any restriction.
The DOCUMENTATION is delivered free of charge "as-is” to the USER. Any liability and warranty for the DOCUMENTATION - irrespective of the legal reason therefore - e.g. as to quality or title, its correctness, absence of defects, absence of claims of third party rights or in relation to its completeness and/or fitness for any specific purpose is excluded.
HILSCHER is not liable for damages due to the use of the DOCUMENTATION or for damages which have been caused by the design of hardware or software according to the information provided within the DOCUMENTATION. Any liability for consequential, special or indirect damages including, but not limited to, loss of profit, loss of use and business interruption, regardless of the theory of law, are excluded.
3.3 The aforesaid exclusion of liability shall not apply as far as there is a legally binding liability, e.g. under product liability legislation, in cases of intent, of gross negligence, of injury of life, body or health or willful hiding of a defect, or due to violation of major contractual obligations. However, liability for damages arising from the violation of major contractual obligations shall be limited to the foreseeable damage normally covered by a contract, unless in cases of intent or gross negligence. No change in the burden of proof to the detriment of the USER is involved by the aforesaid provision.