Our standard EULA available under www.mt.com/EULA as well as in addition to paragraph 5.6 of this EULA (Version 3.0) the following limitations apply apply to the product you obtained:
NO LIABILITY FOR DAMAGES
You must use a safe test environment for applications you develop using INDpro Software to reduce risk of data loss, corruption or adverse effects! The entire risk and costs arising out of use or inability to use the applications you develop with the INDpro Software remains with you. For the avoidance of doubt, the above includes applications you operate on the basis of the INDpro Software and infringement of any third party rights by the use of elements of INDpro Software in applications created by you.
MT makes no representation with respect to the adequacy or functionality of any items in the INDpro Software, used by you in the development of any applications, for any particular purpose or to produce any particular result.
In no event shall MT or its suppliers be liable for any damages whatsoever including, without limitation, consequential damages, incidental damages, indirect damages, punitive damages, liquidated damages, damages for corruption or loss of data, loss of business profits, business interruption, or any other pecuniary loss arising out of the use of or inability to use or performance of the INDpro Software or applications you developed or designed containing elements of INDpro Software, even if MT has been advised of the possibility of such losses.
MT disclaims all warranties, either express or implied, including but not limited to implied conditions or warranties of merchantability and fitness for a particular purpose or – for the avoidance of doubt – non-infringement of any third party rights by the use of elements of INDpro Software in your applications or any services related to the INDpro Software.
lf mandatory law bars liability limits:
- the liability of MT is limited to the amount paid to obtain a license for INDpro Software or
- the annual fee if you obtained a subscription license.
Should, however, applicable mandatory law prohibit the exclusion or limitation of liability for any such damages as set out above, the above limitation shall apply to the extent permitted by such law and this clause shall be adjusted accordingly.