Common use of Warranty and Liability Clause in Contracts

Warranty and Liability. 3.1 Upon receipt of the Font Software by the Licensee, Lineto GmbH grants a 90-day warranty, guaranteeing that the Font Software is essentially free from material defect in accordance with the documentation. To make a war- ranty claim, the Licensee has to return the Font Software, including a copy of the sales receipt, within the 90-day warranty period to Lineto GmbH. If the Font Software is not essentially free from material defect in accordance with the documentation, the entire and exclusive liability and remedy shall be lim- ited to either, at Lineto GmbH's choice, the replacement of the Software or the refund of the license fee that the Licensee paid for the Software. Lineto GmbH does not and cannot warrant the performance or results the Licensee may obtain by using the Font Software or documentation. The foregoing states the sole and exclusive remedies for Lineto GmbH's or its suppliers’ breach of war- ranty. Except for the foregoing limited warranty, Lineto GmbH and its suppliers make no warranties, express or implied, as to merchantability or fitness for any particular purpose. The Licensee is also aware that software is never completely error-free and that the Font Software may therefore contain errors which can affect functionality and operation. 3.2 Lineto GmbH only represents and warrants that (a) the Font Software, or its permitted use, does not and will not give rise to or result in any infringement or misappropriation of any patent, copyright, trade secret, or any violation of any other intellectual property right of any third party, and (b) Lineto has the right to license the Font Software to licensee under the terms of this XXXX and the Licensee’s SUL. The Licensee undertakes to notify in writing Lineto GmbH without undue delay, if third parties allege infringement of their intellectual property rights on the Font Software delivered by Lineto GmbH. 3.3 Lineto GmbH is to the legally allowed extent not liable for direct dam- ages incurred by the Licensee, regardless the cause in law, including pre- contractual and tort claims. Except for damages arising out of gross negli- gence or intentional misconduct, Lineto GmbH is not liable for any indirect, incidental, consequential and special damages, including without limitations any lost profits, lost data, lost business opportunities, lost savings, or damage to programs or data media incurred by the Licensee, even if Lineto GmbH has been advised of the possibility of such damages. Neither is Lineto GmbH liable for any claim against the Licensee by any third party seeking such damages. In all cases in which the liability for legal reasons cannot be excluded, any liability of Lineto GmbH is limited in maximum amount to the license fee paid by the Licensee. The aforementioned limitations on liability also apply to the benefit of employees of Lineto GmbH. Any liability of Lineto GmbH for auxiliary persons is excluded.

Warranty and Liability. 3.1 Upon receipt of the Font Software by the Licenseelicensee, Lineto Linotype Library GmbH grants a 90-day warranty, warranty guaranteeing that the Font Software is essentially free from material defect in accordance with the documentationDocumentation. To make a war- ranty warranty claim, the Licensee licensee has to return the Font Software, including a copy of the sales receipt, receipt within the 90-day warranty period to Lineto GmbH. the sales and distribution partner from which the licensee obtained it. If the Font Software is not essentially free from material defect in accordance with the documentationDocumentation, the entire and exclusive liability and remedy shall be lim- ited limited to either, at Lineto Linotype Library GmbH's choiceoption, the replacement of the Software or the refund of the license fee that the Licensee licensee paid for the Software. Lineto Linotype Library GmbH does and its authorized Linotype Library partner do not and cannot warrant the performance or results the Licensee licensee may obtain by using the Font Software or documentationDocumentation. The foregoing states the sole and exclusive remedies for Lineto Linotype Library GmbH's or its suppliers’ ' breach of war- rantywarranty. Except for the foregoing limited warranty, Lineto GmbH Linotype Library GmbH, its authorized Linotype Library partner, and its suppliers make no warranties, express or implied, as to merchantability non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will Linotype Library GmbH, its authorized Linotype Library partner, or its suppliers be liable to the licensee for any consequential, incidental or special damages, including without limitations any lost profits, lost data, lost business opportunities or lost savings, even if Linotype Library GmbH has been advised of the possibility of such damages, or for any claim against the licensee by any third party seeking such damages even if Linotype Library GmbH has been advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to the licensee. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to the licensee. To the extent permitted by law, any implied warranties are limited to ninety (90) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in injury or death so that such limitations may not apply to the licensee. In those jurisdictions, the licensee agrees that Linotype Library GmbH's or its authorized Linotype Library partner or suppliers' liability for such injury or death shall not exceed One Hundred Thousand EURO (€ 100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives the licensee specific legal rights. The Licensee licensee may have other rights that vary from state to state or jurisdiction to jurisdiction. For further warranty information, the licensee should contact the authorized Linotype Library partners from which he received the Font-Software and Documentation. 3.2 The licensee agrees that the Font Software and Documentation, and all copies thereof, are owned by Linotype Library GmbH; and its design, structure, organization and encoding are valuable property of Linotype Library GmbH and/or its suppliers. The licensee agrees that the Font Software and Documentation are protected by German trademark and design patent laws, by the copyright and trademark laws of other countries, and by international treaties. In addition, the licensee agrees to treat the Font Software and Documentation in the same manner corresponding to other copyrighted and trademark-protected products, e.g. books. With the exception of the points explicitly mentioned here, copying the Font Software and Documentation is not permitted. Any and all copies that the licensee is permitted to produce on the basis of this agreement have to have to contain the same copyright, trademark and other property clauses as those on or contained in the Font Software and Documentation. The licensee declares not to modify, adapt or translate the encoding of the Font Software, nor reproduce, decompile, disassemble, change, modify or otherwise attempt to reveal the source code of the Font Software. The licensee also agrees to use the Trademarks that are connected to the Font Software, accordingly to accept usage of the Trademarks (including the identification of the owner of the respective Trademark). Trademarks can be used solely for the purpose of identifying printed data from the Font Software. The licensee is also aware that software is never completely error-free and that the Font Software may therefore contain errors which can affect functionality and operation. 3.2 Lineto GmbH only represents 3.3 Claims exceeding the preceding warranty claims, e.g. compensation for idle time, loss of production, waste of material and warrants that (a) other indirect damage, are explicitly excluded, provided said damage was not willfully or intentionally brought about or caused by gross negligence on the Font Software, or its permitted use, part of Linotype Library GmbH. Liability is not assumed insofar as the damage does not and will stem from a grossly negligent breach of duty by Linotype Library GmbH or is not give rise to caused by a willful, intentional or result in any infringement or misappropriation grossly negligent breach of any patent, copyright, trade secret, or any violation of any other intellectual property right of any third party, and (b) Lineto has the right to license the Font Software to licensee under the terms of this XXXX and the Licensee’s SUL. The Licensee undertakes to notify in writing Lineto GmbH without undue delay, if third parties allege infringement of their intellectual property rights duty on the Font Software delivered by Lineto GmbH. 3.3 Lineto GmbH is to the legally allowed extent not liable for direct dam- ages incurred by the Licensee, regardless the cause in law, including pre- contractual and tort claims. Except for damages arising out part of gross negli- gence one of Linotype Library GmbH's legal representatives or intentional misconduct, Lineto GmbH is not liable for any indirect, incidental, consequential and special damages, including without limitations any lost profits, lost data, lost business opportunities, lost savings, or damage to programs or data media incurred by the Licensee, even if Lineto GmbH has been advised of the possibility of such damages. Neither is Lineto GmbH liable for any claim against the Licensee by any third party seeking such damages. In all cases in which the liability for legal reasons cannot be excluded, any liability of Lineto GmbH is limited in maximum amount to the license fee paid by the Licensee. The aforementioned limitations on liability also apply to the benefit of employees of Lineto GmbH. Any liability of Lineto GmbH for auxiliary persons is excludedvicarious agents.

Warranty and Liability. 3.1 Upon receipt After reception of the Font Software by the LicenseeLicencee, Lineto GmbH Nouvelle Noire grants a 90fourty-day warranty, (40) warranty guaranteeing that the Font Software is essentially free from material defect in accordance with the documentation. To make a war- ranty warranty claim, the Licensee Licencee has to return the Font Software, including a copy of the sales receipt, receipt within the 90fourty-day (40) warranty period to Lineto GmbH. Nouvelle Noire. If the Font Software is not essentially free from material defect in accordance with to the documentation, the entire and exclusive liability and remedy shall be lim- ited limited to either, at Lineto GmbHNouvelle Noire's choiceoption, the replacement of the Font Software or the refund of the license Licence fee that the Licensee Licencee paid for the Font Software. Lineto GmbH Nouvelle Noire does not and cannot warrant the performance or results the Licensee Licencee may obtain by using the Font Software or documentation. The foregoing states the sole and exclusive remedies for Lineto GmbH's Nouvelle Noire’s or its suppliers’ breach of war- rantywarranty. Except for the foregoing limited warranty, Lineto GmbH Nouvelle Noire and its suppliers make no warranties, express or implied, as to merchantability non-infringement of third party rights, merchantability, or fitness for any particular purpose. The Licensee is also aware that software is never completely error-free and that the Font Software may therefore contain errors which can affect functionality and operation. 3.2 Lineto GmbH only represents and warrants that (a) the Font Software, In no event Nouvelle Noire or its permitted use, does not and suppliers will not give rise to or result in any infringement or misappropriation of any patent, copyright, trade secret, or any violation of any other intellectual property right of any third party, and (b) Lineto has the right to license the Font Software to licensee under the terms of this XXXX and the Licensee’s SUL. The Licensee undertakes to notify in writing Lineto GmbH without undue delay, if third parties allege infringement of their intellectual property rights on the Font Software delivered by Lineto GmbH. 3.3 Lineto GmbH is be liable to the legally allowed extent not liable for direct dam- ages incurred by the Licensee, regardless the cause in law, including pre- contractual and tort claims. Except for damages arising out of gross negli- gence or intentional misconduct, Lineto GmbH is not liable Licencee for any indirectconsequential, incidental, consequential and incidental or special damages, including without limitations any lost profits, lost data, lost business opportunities, opportunities or lost savings, loss of goodwill, lost business interruption, work stoppage, loss of data, or damage to programs or data media incurred by the Licenseecomputer failure, even if Lineto GmbH Nouvelle Noire has been advised of the possibility of such damages, or for any claim against the Licencee by any third party seeking such damages even if Nouvelle Noire has been advised of the possibility of such damages. Neither The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose. Licensor and Licencee acknowledge and agree that these limitations are an essential element of this agreement and that the price for the Licenced Software is Lineto GmbH liable for any claim against determined in part by taking into account the Licensee by any third party seeking such existence of these limitations. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequen- tial or special damages. In all cases in which , so the liability for legal reasons canabove exclusion may not be excluded, any liability of Lineto GmbH is limited in maximum amount to the license fee paid by the Licensee. The aforementioned limitations on liability also apply to the benefit Licencee. Also, some states or jurisdictions do not allow the exclusions of employees implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to the Licencee. To the extent permitted by law, any implied warranties are limited to fourty (40) days. If any part of Lineto GmbH. Any liability this XXXX shall be or become invalid, then it shall be replaced by that valid regulation which comes closest to its meaning and intention. All other parts of Lineto GmbH for auxiliary persons is excludedthis XXXX shall remain valid in that case.

Warranty and Liability. 3.1 Upon receipt of the Font Software by the Licenseelicensee, Lineto GmbH grants a 90-day warranty, warranty guaranteeing that the Font Software Soft- ware is essentially free from material defect in accordance with the documentation. To make a war- ranty warranty claim, the Licensee licensee has to return re- turn the Font Software, including a copy of the sales receipt, receipt within the 90-day warranty period to Lineto GmbH. If the Font Software is not essentially free from material defect in accordance with the documentation, the entire and exclusive liability and remedy shall be lim- ited limited to either, at Lineto GmbH's choiceoption, the replacement of the Software or the refund of the license fee that the Licensee licensee paid for the Software. Lineto GmbH does not and cannot warrant the performance perfor- xxxxx or results the Licensee licensee may obtain by using the Font Software or documentation. The foregoing states the sole and exclusive remedies rem- edies for Lineto GmbH's or its suppliers’ ' breach of war- rantywarranty. Except for the foregoing limited warranty, Lineto GmbH and its suppliers make no warranties, express or implied, as to merchantability non-infringement of third party rights, merchantability, or fitness for any particular purposepur- pose. The Licensee is also aware that software is never completely error-free and that the Font Software may therefore contain errors which can affect functionality and operation. 3.2 In no event will Lineto GmbH only represents and warrants that (a) the Font Software, or its permitted use, does not and will not give rise to or result in any infringement or misappropriation of any patent, copyright, trade secret, or any violation of any other intellectual property right of any third party, and (b) Lineto has the right to license the Font Software to licensee under the terms of this XXXX and the Licensee’s SUL. The Licensee undertakes to notify in writing Lineto GmbH without undue delay, if third parties allege infringement of their intellectual property rights on the Font Software delivered by Lineto GmbH. 3.3 Lineto GmbH is suppliers be liable to the legally allowed extent not liable for direct dam- ages incurred by the Licensee, regardless the cause in law, including pre- contractual and tort claims. Except for damages arising out of gross negli- gence or intentional misconduct, Lineto GmbH is not liable licensee for any indirectconsequential, incidental, consequential and incidental or special damages, including in- cluding without limitations any lost profits, lost data, lost business opportunities, opportunities or lost savings, or damage to programs or data media incurred by the Licensee, even if Lineto GmbH has been advised of the possibility of such damages. Neither is Lineto GmbH liable , or for any claim against the Licensee licensee by any third party seeking such damages even if Lineto GmbH has been advised of the possibility of such damages. In all cases in which Some states or jurisdictions do not allow the liability for legal reasons canexclusions of limitations of incidental, consequential or special damages, so the above exclusion may not be excludedapply to the licensee. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to the licensee. To the extent permitted by law, any liability implied warranties are limited to ninety (90) days. 3.2 The licensee agrees that the Font Software and docu- mentation, and all copies thereof, are owned by Lineto GmbH; and its design, structure, organization and encoding are valuable prop- erty of Lineto GmbH and/or its suppliers. The licensee agrees that the Font Software and documentation are protected by Swiss trade- mark and design patent laws, by the copyright and trademark laws of other countries, and by international treaties. In addition, the li- censee agrees to treat the Font Software in the same manner corre- sponding to other copyrighted and trademark-protected products, e.g., books. With the exception of the points explicitly mentioned here, copying the Font Software is limited not permitted. Any and all copies that the licensee is permitted to pro- duce on the basis of this agreement have to have to contain the same copyright, trademark and other property clauses as those on or contained in maximum amount the Font Software. The licensee declares not to modify, adapt or translate the encoding of the Font Software, nor reproduce, decompile, disassemble, change, modify or otherwise attempt to reveal the source code of the Font Software. The licensee also agrees to use the Trademarks that are connected to the license fee paid by Font Software, accordingly to accept usage of the LicenseeTrademarks (including the identification of the owner of the respec- tive Trademark). Trademarks can be used solely for the purpose of identifying printed data from the Font Software. The aforementioned limitations licensee is also aware that software is never com- pletely error-free and that the Font Software may therefore contain errors, which can affect functionality and operation. 3.3 Claims exceeding the preceding warranty claims, e.g., compensation for idle time, loss of production, waste of material and other indirect damage, are explicitly excluded, provided said damage was not willfully or intentionally brought about or caused by gross negligence on liability also apply to the benefit of employees part of Lineto GmbH. Any liability Liability is not as- sumed insofar as the damage does not stem from a grossly negli- gent breach of duty by Lineto GmbH for auxiliary persons is excluded.GmbH.

Warranty and Liability. 3.1 Upon receipt of the Font Software by the Licenseelicensee, Lineto Linotype GmbH grants a 90-day warranty, warranty guaranteeing that the Font Software is essentially free from material defect in accordance with the documentationDocumentation. To make a war- ranty warranty claim, the Licensee licensee has to return the Font Software, including a copy of the sales receipt, receipt within the 90-day warranty period to Lineto GmbH. the sales and distribution partner from which the licensee obtained it. If the Font Software is not essentially free from material defect in accordance with the documentationDocumentation, the entire and exclusive liability and remedy shall be lim- ited limited to either, at Lineto Linotype GmbH's choiceoption, the replacement of the Software or the refund of the license fee that the Licensee licensee paid for the Software. Lineto Linotype GmbH does and its authorized Linotype partner do not and cannot warrant the performance or results the Licensee licensee may obtain by using the Font Font-Software or documentationDocumentation. The foregoing states the sole and exclusive remedies for Lineto Linotype GmbH's or its suppliers’ ' breach of war- rantywarranty. Except for the foregoing limited warranty, Lineto GmbH Linotype GmbH, its authorized Linotype partner, and its suppliers make no warranties, express or implied, as to merchantability non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will Linotype GmbH, its authorized Linotype partner, or its suppliers be liable to the licensee for any consequential, incidental or special damages, including without limitations any lost profits, lost data, lost business opportunities or lost savings, even if Linotype GmbH has been advised of the possibility of such damages, or for any claim against the licensee by any third party seeking such damages even if Linotype GmbH has been advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to the licensee. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to the licensee. To the extent permitted by law, any implied warranties are limited to ninety (90) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in injury or death so that such limitations may not apply to the licensee. In those jurisdictions, the licensee agrees that Linotype GmbH's or its authorized Linotype partner or suppliers' liability for such injury or death shall not exceed One Hundred Thousand EURO (€ 100,000), provided that such jurisdictions permit a limitation of such liability. This warranty gives the licensee specific legal rights. The Licensee licensee may have other rights that vary from state to state or jurisdiction to jurisdiction. For further warranty information, the licensee should contact the authorized Linotype partners from which he received the Font-Software and Documentation. 3.2 The licensee agrees that the Font Software and Documentation, and all copies thereof, are owned by Linotype GmbH; and its design, structure, organization and encoding are valuable property of Linotype GmbH and/or its suppliers. The licensee agrees that the Font Software and Documentation are protected by German trademark and design patent laws, by the copyright and trademark laws of other countries, and by international treaties. In addition, the licensee agrees to treat the Font Software and Documentation in the same manner corresponding to other copyrighted and trademark-protected products, e.g. books. With the exception of the points explicitly mentioned here, copying the Font Software and Documentation is not permitted. Any and all copies that the licensee is permitted to produce on the basis of this agreement have to have to contain the same copyright, trademark and other property clauses as those on or contained in the Font Software and Documentation. The licensee declares not to modify, adapt or translate the encoding of the Font Software, nor reproduce, decompile, disassemble, change, modify or otherwise attempt to reveal the source code of the Font Software. The licensee also agrees to use the Trademarks that are connected to the Font Software, accordingly to accept usage of the Trademarks (including the identification of the owner of the respective Trademark). Trademarks can be used solely for the purpose of identifying printed data from the Font Software. The licensee is also aware that software is never completely error-error- free and that the Font Software may therefore contain errors which can affect functionality and operation. 3.2 Lineto GmbH only represents 3.3 Claims exceeding the preceding warranty claims, e.g. compensation for idle time, loss of production, waste of material and warrants that (a) other indirect damage, are explicitly excluded, provided said damage was not willfully or intentionally brought about or caused by gross negligence on the Font Software, or its permitted use, part of Linotype GmbH. Liability is not assumed insofar as the damage does not and will stem from a grossly negligent breach of duty by Linotype GmbH or is not give rise to caused by a willful, intentional or result in any infringement or misappropriation grossly negligent breach of any patent, copyright, trade secret, or any violation of any other intellectual property right of any third party, and (b) Lineto has the right to license the Font Software to licensee under the terms of this XXXX and the Licensee’s SUL. The Licensee undertakes to notify in writing Lineto GmbH without undue delay, if third parties allege infringement of their intellectual property rights duty on the Font Software delivered by Lineto GmbH. 3.3 Lineto GmbH is to the legally allowed extent not liable for direct dam- ages incurred by the Licensee, regardless the cause in law, including pre- contractual and tort claims. Except for damages arising out part of gross negli- gence one of Linotype GmbH's legal representatives or intentional misconduct, Lineto GmbH is not liable for any indirect, incidental, consequential and special damages, including without limitations any lost profits, lost data, lost business opportunities, lost savings, or damage to programs or data media incurred by the Licensee, even if Lineto GmbH has been advised of the possibility of such damages. Neither is Lineto GmbH liable for any claim against the Licensee by any third party seeking such damages. In all cases in which the liability for legal reasons cannot be excluded, any liability of Lineto GmbH is limited in maximum amount to the license fee paid by the Licensee. The aforementioned limitations on liability also apply to the benefit of employees of Lineto GmbH. Any liability of Lineto GmbH for auxiliary persons is excludedvicarious agents.

Warranty and Liability. 3.1 Upon receipt of the Font Software by the Licenseelicensee, Lineto GmbH grants a 90-day warranty, warranty guaranteeing that the Font Software Soft- xxxx is essentially free from material defect in accordance with the documentation. To make a war- ranty warranty claim, the Licensee licensee has to return the Font Software, including a copy of the sales receipt, receipt within the 90-day warranty period to Lineto GmbH. If the Font Software is not essentially free from material defect in accordance with the documentation, the entire and exclusive liability and remedy shall be lim- ited limited to either, at Lineto GmbH's choiceoption, the replacement of the Software or the refund of the license fee that the Licensee licensee paid for the Software. Lineto GmbH does not and cannot warrant the performance perfor- xxxxx or results the Licensee licensee may obtain by using the Font Software Soft- xxxx or documentation. The foregoing states the sole and exclusive remedies for Lineto GmbH's or its suppliers’ ' breach of war- rantywarranty. Except for the foregoing limited warranty, Lineto GmbH and its suppliers make no warranties, express or implied, as to merchantability non- infringement of third party rights, merchantability, or fitness for any particular purpose. The Licensee is also aware that software is never completely error-free and that the Font Software may therefore contain errors which can affect functionality and operation. 3.2 In no event will Lineto GmbH only represents and warrants that (a) the Font Software, or its permitted use, does not and will not give rise to or result in any infringement or misappropriation of any patent, copyright, trade secret, or any violation of any other intellectual property right of any third party, and (b) Lineto has the right to license the Font Software to licensee under the terms of this XXXX and the Licensee’s SUL. The Licensee undertakes to notify in writing Lineto GmbH without undue delay, if third parties allege infringement of their intellectual property rights on the Font Software delivered by Lineto GmbH. 3.3 Lineto GmbH is suppliers be liable to the legally allowed extent not liable for direct dam- ages incurred by the Licensee, regardless the cause in law, including pre- contractual and tort claims. Except for damages arising out of gross negli- gence or intentional misconduct, Lineto GmbH is not liable licensee for any indirectconsequential, incidental, consequential and incidental or special damages, including without limitations any lost profits, lost data, lost business opportunities, opportunities or lost savings, or damage to programs or data media incurred by the Licensee, even if Lineto GmbH has been advised of the possibility of such damages. Neither is Lineto GmbH liable , or for any claim against the Licensee licensee by any third party seeking such damages even if Lineto GmbH has been advised of the possibility of such damages. In all cases in which Some states or jurisdictions do not allow the liability for legal reasons canexclusions of limitations of incidental, consequential or special damages, so the above exclusion may not be excludedapply to the licensee. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to the licensee. To the extent permitted by law, any liability implied warranties are limited to ninety (90) days. 3.2 The licensee agrees that the Font Software and docu- mentation, and all copies thereof, are owned by Lineto GmbH; and its design, structure, organization and encoding are valuable prop- erty of Lineto GmbH and/or its suppliers. The licensee agrees that the Font Software and documentation are protected by Swiss trade- xxxx and design patent laws, by the copyright and trademark laws of other countries, and by international treaties. In addition, the licensee agrees to treat the Font Software in the same manner corresponding to other copyrighted and trademark-protected products, e.g. books. With the exception of the points explicitly mentioned here, copying the Font Software is limited not permitted. Any and all copies that the licensee is permitted to pro- duce on the basis of this agreement have to have to contain the same copyright, trademark and other property clauses as those on or contained in maximum amount the Font Software. The licensee declares not to modify, adapt or translate the encoding of the Font Software, nor reproduce, decompile, disassemble, change, modify or otherwise attempt to reveal the source code of the Font Software. The licensee also agrees to use the Trademarks that are connected to the license fee paid by Font Software, accordingly to accept usage of the LicenseeTrademarks (including the identification of the owner of the respec- tive Trademark). Trademarks can be used solely for the purpose of identifying printed data from the Font Software. The aforementioned limitations licensee is also aware that software is never com- pletely error-free and that the Font Software may therefore contain errors, which can affect functionality and operation. 3.3 Claims exceeding the preceding warranty claims, e.g. compensation for idle time, loss of production, waste of material and other indirect damage, are explicitly excluded, provided said damage was not willfully or intentionally brought about or caused by gross negligence on liability also apply to the benefit of employees part of Lineto GmbH. Any liability Liability is not assumed insofar as the damage does not stem from a grossly negli- gent breach of duty by Lineto GmbH for auxiliary persons is excluded.GmbH.

Warranty and Liability. 3.1 Upon receipt of the Font Software by the Licenseelicensee, Lineto GmbH Xxxxxxx Xxxxxx grants a 9030-day warranty, warranty guaranteeing that the Font Software is essentially free from material defect in accordance accor- dance with the documentation. To make a war- ranty warranty claim, the Licensee licensee has to return the Font Software, including a copy of the sales receipt, receipt within the 9030-day warranty period to Lineto GmbH. Xxxxxxx Xxxxxx. If the Font Software is does not essentially free from material defect perform sub- stantially in accordance with the documentationinstallation information, the entire and exclusive remedy and liability and remedy shall be lim- ited is limited to either, at Lineto GmbH's choice, the replacement of the Software or the refund of the license fee that the Licensee paid for the Software. Lineto GmbH does not Xxxxxxx Xxxxxx excludes and cannot warrant the performance or results the Licensee may obtain by using the Font Software or documentation. The foregoing states the sole and exclusive remedies for Lineto GmbH's or its suppliers’ breach of war- ranty. Except for the foregoing limited warranty, Lineto GmbH and its suppliers make no warranties, express or implieddisclaims all implied warran- ties, as to merchantability non-infringement of third party rights, merchant- ability, or fitness for any particular purpose. The Licensee is also aware that software is never completely error-free and that the Font Software may therefore contain errors which can affect functionality and operation. 3.2 Lineto GmbH only represents and warrants that (a) the Font Software, or its permitted use, does not and Under no cir- cumstances will not give rise to or result in any infringement or misappropriation of any patent, copyright, trade secret, or any violation of any other intellectual property right of any third party, and (b) Lineto has the right to license the Font Software to licensee under the terms of this XXXX and the Licensee’s SUL. The Licensee undertakes to notify in writing Lineto GmbH without undue delay, if third parties allege infringement of their intellectual property rights on the Font Software delivered by Lineto GmbH. 3.3 Lineto GmbH is Xxxxxxx Xxxxxx be liable to the legally allowed extent not liable for direct dam- ages incurred by the Licensee, regardless the cause in law, including pre- contractual and tort claims. Except for damages arising out of gross negli- gence or intentional misconduct, Lineto GmbH is not liable Licensee for any indirectconsequential, incidental, consequential and incidental or special damages, including without limitations any lost profits, lost data, lost business opportunities, opportunities or lost savings, savings or damage to programs or data media incurred by the Licensee, even if Lineto GmbH has been advised of the possibility of such damages. Neither is Lineto GmbH liable for any claim against the Licensee by any third party seeking such party. Xxxxxxx Xxxxxx does not warrant you the results you may obtain by using the Software. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages. In all cases in which , so the liability for legal reasons canabove exclusion may not be excluded, any liability of Lineto GmbH is limited in maximum amount apply to the license fee paid by licensee. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to the Licensee. The aforementioned limitations on liability also apply To the extent permitted by law, any implied warranties are limited to ninety (90) days. 5 Termination Xxxxxxx Xxxxxx has the benefit right to terminate this Agreement and all granted usage rights immediately if Licensee fails to comply with any of employees the terms of Lineto GmbH. Any liability this Agreement. In the event of Lineto GmbH for auxiliary persons termination, the Licensee must immediately delete the originals and any copies of the Font Software and Documen- tation. At the request of Xxxxxxx Xxxxxx, the Licensee is excludedobligated to provide written assurance that said deletion has occurred.

Warranty and Liability. 3.1 Upon receipt 4.1. EMBREA-Lite and EMBREA-Pro seek to estimate the complex physical processes that occur during a dam breach situation. They are tools to aid judgement only and not a guaranteed prediction of the Font Software by the Licensee, Lineto GmbH grants a 90-day warranty, guaranteeing definite future behaviour. The Licensor provides no warranty that the Font Software is essentially free from material defect in accordance with the documentation. To make a war- ranty claim, the Licensee has to return the Font Software, including a copy of the sales receipt, within the 90-day warranty period to Lineto GmbH. If the Font Software is not essentially free from material defect in accordance with the documentation, the entire and exclusive liability and remedy shall suitable quality or that it will be lim- ited to either, at Lineto GmbH's choice, the replacement of the Software or the refund of the license fee that the Licensee paid for the Software. Lineto GmbH does not and cannot warrant the performance or results the Licensee may obtain by using the Font Software or documentation. The foregoing states the sole and exclusive remedies for Lineto GmbH's or its suppliers’ breach of war- ranty. Except for the foregoing limited warranty, Lineto GmbH and its suppliers make no warranties, express or implied, as to merchantability or fitness fit for any particular purpose. The Licensee is also aware that software is never completely error-free responsible for the use of the Software, all results obtained and how these are interpreted. The Licensor does not warrant that the Font Software will meet the Licensee's requirements or that operation of the Software will be error or interruption free. The Licensee hereby indemnifies the Licensor from and against any third party claims which may therefore contain errors which can affect functionality and operationbe made against Licensor in respect of the results or the interpretation of those results. 3.2 Lineto GmbH only represents and warrants that (a) 4.2. All warranties whether implied by statute or common law or otherwise are hereby expressly excluded to the Font Software, or its permitted use, fullest extent permissible by law. 4.3. The Licensor does not seek to exclude or restrict its liability for death or personal injury resulting from its negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be limited or excluded by law but otherwise the Licensor excludes all liability for all damages losses expenses and causes of action whether in contract or tort (including negligence) or otherwise and whether arising directly or indirectly so far as it is permitted by law to do so. To the extent that the exclusions of liability are ineffective to the full extent permitted by law the Licensor’s total liability to the Licensee however arising is limited to the purchase price for the licence of the Software. 4.4. The Licensor does not warrant that use of the Software will not give rise to or result in any infringement or misappropriation of any patent, copyright, trade secret, or any violation of any other infringe the intellectual property right rights of any third party, and (b) Lineto has the right to license the Font Software to licensee under the terms party although it is unaware of this XXXX and any such possibility. If the Licensee’s SUL. The Licensee undertakes , is unable to notify in writing Lineto GmbH use the Software without undue delay, if third parties allege infringement of their infringing the intellectual property rights on of a third party then the Font Software delivered by Lineto GmbH. 3.3 Lineto GmbH is licence shall terminate automatically forthwith without the need for notice. The Licensor shall have no liability to the legally allowed extent not liable for direct dam- ages incurred by the Licensee, regardless the cause in law, including pre- contractual and tort claims. Except for damages arising out of gross negli- gence or intentional misconduct, Lineto GmbH is not liable Licensee for any indirect, incidental, consequential and special damages, including without limitations any lost profits, lost data, lost business opportunities, lost savings, losses expenses damages or damage to programs or data media incurred by the Licensee, even if Lineto GmbH has been advised claims arising from breach of the possibility intellectual property rights of such damages. Neither is Lineto GmbH liable for any claim against the Licensee by any a third party seeking such damages. In all cases in which the liability for legal reasons cannot be excluded, any liability of Lineto GmbH is limited in maximum amount to the license fee paid by the Licensee. The aforementioned limitations on liability also apply to the benefit of employees of Lineto GmbH. Any liability of Lineto GmbH for auxiliary persons is excludedparty.

Warranty and Liability. 3.1 Upon receipt of Warranty 5.01 Should the Font Software by the Licenseebe defective in any way, you agree to inform Lineto GmbH grants within 30 (thirty) calendar days after downloading or receiving the Font Software and we will provide you with replacement Font Software. Lineto GmbH also allows a 90-day warranty90­day warranty claim period, guaranteeing that the Font Software Soft xxxx is essentially free from material defect in accordance with the documentation. To make a war- ranty warranty claim, the Licensee has to must inform Lineto within 30 (thirty) calendar days from discovery date and must return the Font Software, including a copy of the sales receipt, to Lineto GmbH within the 90-day 90­day warranty claim period to Lineto GmbH. If after downloading or receiving the Font Software. Should the Font Software is not be essentially free from material defect in accordance with the documentationdoc­ umentation, the entire and exclusive liability and remedy shall be lim- ited to either, limited at Lineto GmbH's ’s choice, to either the replacement of the Software or the refund of the license licence fee that the Licensee paid prepaid for the Software. Lineto GmbH does not and cannot warrant the performance or results the Licensee may obtain by using the Font Software or documentation. The foregoing states the sole and exclusive remedies for Lineto GmbH's ’s or its suppliers’ breach of war- rantywarranty. Except for the foregoing limited warranty, Lineto GmbH and its suppliers make no warranties, express or implied, as to merchantability or fitness for any particular purpose. The Licensee is also aware that software Software is never completely error-free and that the error­free. The Font Software may therefore contain minor errors which can could affect functionality and operation. 3.2 operation (minor defects). Warranty claims for such minor defects are excluded. Further Lineto GmbH only represents does not and warrants that (a) cannot warrant any performance or results the Licensee may obtain by using the Font Software, or its permitted use, does not and will not give rise to or result in any infringement or misappropriation of any patent, copyright, trade secret, . the Font Software (or any violation of any other part thereof) as used in accordance with the Licence, infringes or violates the intellectual property right rights of this third party under the following provisions: If any third partyparty raises such an infringement claim, the Licensee must inform Lineto immediately, comprehensively and in writing, to enable Lineto the opportunity to repel such claims. Lineto may, at its expense and choice, (bi) Lineto has the right to license modify or exchange the Font Software to licensee under the terms of this XXXX and the Licensee’s SUL. The Licensee undertakes render no longer subject to notify in writing Lineto GmbH without undue delay, if third parties allege infringement of their intellectual property rights on any such claim or (ii) replace the Font Software delivered by or any portion thereof with equally suitable and equivalent, non­infringing data. If non of the foregoing is commercially practicable, Lineto GmbH. 3.3 Lineto GmbH is to may terminate the legally allowed extent not liable Agreement and refund a pro­rata amount of the prepaid Licence Fee paid hereunder. Mandatory requirement for direct dam- ages incurred by acceptance of a third­party intellectual property infringement (as basis for an indemnification of the Licensee) is a final judgment of a competent court after legal process, regardless the cause which gives all possible safeguards to ensure a fair trial or an acceptance of Lineto in law, including pre- contractual and tort claimsa court settlement. Except for damages arising out Any liability of gross negli- gence or intentional misconduct, Lineto GmbH is not liable for any indirect, incidentalinci­ dental or consequent damage or lost profit is excluded. This section sets forth the full extent of Lineto’s liability to the Licensee and Licensee’s sole rem­ edies with respect to any third­party claims under this agreement. Limitation of Liability 5.03 Any liability or warranty is excluded to the maximum extent permitted by law. Where liability cannot be wholly excluded due to binding legal provisions, the following applies: Lineto GmbH is liable for damages incurred by the Licensee only to the extent that Lineto GmbH acts in a grossly negligent manner or in the case of intentional misconduct. Lineto GmbH will not be liable for indirect, incidental or consequential and special damages, including without limitations any lost profits, lost data, lost business opportunitiesopportunity, lost savings, savings or damage to programs or data media incurred by the Licenseemedia, even if Lineto GmbH Gmbh has been advised of the possibility of such damages. Neither is Lineto GmbH liable for any claim against the Licensee by any third party seeking such damages. In all cases in which the Where liability for legal reasons cannot be excludedwholly excluded due to binding legal provisions, any liability in so far as legally fea­ sible, it will be limited to compensation for direct damages up to a maximum of Lineto GmbH is limited in maximum amount to the license fee paid Licence Fee prepaid by the LicenseeLicensee in the affected Licence (SUL). The aforementioned limitations on of liability also apply to the benefit of employees of Lineto GmbH. GmbH’s employees. Any liability of Lineto GmbH for auxiliary persons is excluded.

Warranty and Liability. 3.1 Upon receipt of the Font Software by the Licenseelicensee, Lineto GmbH grants a 90-day warranty, warranty guaranteeing that the Font Software is essentially free from material defect in accordance with the documentation. To make a war- ranty warranty claim, the Licensee licensee has to return the Font Software, including a copy of the sales receipt, receipt within the 90-day warranty period to Lineto GmbH. If the Font Software is not essentially free from material defect in accordance with the documentation, the entire and exclusive liability and remedy shall be lim- ited limited to either, at Lineto GmbH's choiceoption, the replacement of the Software or the refund of the license fee that the Licensee licensee paid for the Software. Lineto GmbH does not and cannot warrant the performance or results the Licensee licensee may obtain by using the Font Software or documentation. The foregoing states the sole and exclusive remedies for Lineto GmbH's or its suppliers’ breach of war- ranty. Except for the foregoing limited warranty, Lineto GmbH and its suppliers make no warranties, express or implied, as to merchantability non-infringement of third party rights, merchantability, or fitness for any particular purpose. In no event will Lineto GmbH or its suppliers be liable to the licensee for any consequential, incidental or special damages, including without limitations any lost profits, lost data, lost business opportunities or lost savings, even if Lineto GmbH has been advised of the possibility of such damages, or for any claim against the licensee by any third party seeking such damages even if Lineto GmbH has been advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to the licensee. Also, some states or jurisdictions do not allow the exclu- sions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to the licensee. To the extent permitted by law, any implied warranties are limited to ninety (90) days. 3.2 The Licensee licensee agrees that the Font Software and documentation, and all copies thereof, are owned by Lineto GmbH; and its design, structure, or- ganization and encoding are valuable property of Lineto GmbH and/or its suppliers. The licensee agrees that the Font Software and documentation are protected by Swiss trademark and design patent laws, by the copy- right and trademark laws of other countries, and by international treaties. In addition, the licensee agrees to treat the Font Software in the same manner corresponding to other copyrighted and trademark-protected products, e.g. books. With the exception of the points explicitly mentioned here, copying the Font Software is not permitted. Any and all copies that the licensee is permitted to produce on the basis of this agreement have to have to contain the same copyright, trademark and other property clauses as those on or contained in the Font Software. The licensee declares not to modify, adapt or translate the encoding of the Font Software, nor reproduce, decompile, disassemble, change, modify or other- wise attempt to reveal the source code of the Font Software. The licensee also agrees to use the Trademarks that are connected to the Font Software, accordingly to accept usage of the Trademarks (including the identification of the owner of the respective Trademark). Trade- marks can be used solely for the purpose of identifying printed data from the Font Software. The licensee is also aware that software is never completely error-free and that the Font Software may therefore contain errors errors, which can affect functionality and operation. 3.2 3.3 Claims exceeding the preceding warranty claims, e.g. compensation for idle time, loss of production, waste of material and other indirect damage, are explicitly excluded, provided said damage was not willfully or intentionally brought about or caused by gross negligence on the part of Lineto GmbH only represents and warrants that (a) GmbH. Liability is not assumed insofar as the Font Software, or its permitted use, damage does not and will not give rise to or result in any infringement or misappropriation stem from a grossly negligent breach of any patent, copyright, trade secret, or any violation of any other intellectual property right of any third party, and (b) Lineto has the right to license the Font Software to licensee under the terms of this XXXX and the Licensee’s SUL. The Licensee undertakes to notify in writing Lineto GmbH without undue delay, if third parties allege infringement of their intellectual property rights on the Font Software delivered duty by Lineto GmbH. 3.3 Lineto GmbH is to the legally allowed extent not liable for direct dam- ages incurred by the Licensee, regardless the cause in law, including pre- contractual and tort claims. Except for damages arising out of gross negli- gence or intentional misconduct, Lineto GmbH is not liable for any indirect, incidental, consequential and special damages, including without limitations any lost profits, lost data, lost business opportunities, lost savings, or damage to programs or data media incurred by the Licensee, even if Lineto GmbH has been advised of the possibility of such damages. Neither is Lineto GmbH liable for any claim against the Licensee by any third party seeking such damages. In all cases in which the liability for legal reasons cannot be excluded, any liability of Lineto GmbH is limited in maximum amount to the license fee paid by the Licensee. The aforementioned limitations on liability also apply to the benefit of employees of Lineto GmbH. Any liability of Lineto GmbH for auxiliary persons is excluded.

Warranty and Liability. 3.1 Upon receipt of the Font Software by the Licensee, Lineto GmbH grants a 90-day warranty, guaranteeing that the Font Software is essentially free from material defect in accordance with the documentation. To make a war- ranty claim, the Licensee has to return the Font Software, including a copy of the sales receipt, within the 90-day warranty period to Lineto GmbH. If the Font Software is not essentially free from material defect in accordance with the documentation, the entire and exclusive liability and remedy shall be lim- ited to either, at Lineto GmbH's choice, the replacement of the Software or the refund of the license licence fee that the Licensee paid for the Software. Lineto GmbH does not and cannot warrant the performance or results the Licensee may obtain by using the Font Software or documentation. The foregoing states the sole and exclusive remedies for Lineto GmbH's or its suppliers’ breach of war- ranty. Except for the foregoing limited warranty, Lineto GmbH and its suppliers make no warranties, express or implied, as to merchantability or fitness for any particular purpose. The Licensee is also aware that software is never completely error-free and that the Font Software may therefore contain errors which can affect functionality and operation. 3.2 Lineto GmbH only represents and warrants that (a) the Font Software, or its permitted use, does not and will not give rise to or result in any infringement or misappropriation of any patent, copyright, trade secret, or any violation of any other intellectual property right of any third party, and (b) Lineto has the right to license licence the Font Software to licensee Licensee under the terms of this XXXX and the Licensee’s SUL. The Licensee undertakes to notify in writing Lineto GmbH without undue delay, if third parties allege infringement of their intellectual property rights on the Font Software delivered by Lineto GmbH. 3.3 Lineto GmbH is to the legally allowed extent not liable for direct dam- ages incurred by the Licensee, regardless the cause in law, including pre- contractual and tort claims. Except for damages arising out of gross negli- gence or intentional misconduct, Lineto GmbH is not liable for any indirect, incidental, consequential and special damages, including without limitations any lost profits, lost data, lost business opportunities, lost savings, or damage to programs or data media incurred by the Licensee, even if Lineto GmbH has been advised of the possibility of such damages. Neither is Lineto GmbH liable for any claim against the Licensee by any third party seeking such damages. In all cases in which the liability for legal reasons cannot be excluded, any liability of Lineto GmbH is limited in maximum amount to the license licence fee paid by the Licensee. The aforementioned limitations on liability also apply to the benefit of employees of Lineto GmbH. Any liability of Lineto GmbH for auxiliary persons is excluded.