Use of the COMBUSTION TOOL or the HEAT TRANSFER TOOL each of which hereinafter referred to as SOFTWARE on the maidhof.com
1. Beta-Version Disclaimer
The SOFTWARE contains prerelease code that is not at the level of performance and compatibility of a final, generally available, product offering and may not be used in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up. Due to the nature of the development work maidhof.com
provides no assurance that any specific errors or discrepancies in the SOFTWARE will be corrected. CUSTOMER expressly acknowledges and agrees that the SOFTWARE may change substantially prior to commercial release and may not be upgradeable to the commercial release. CUSTOMER acknowledges that no guarantee of a specific release date or time for a commercial release of the SOFTWARE exists and that the maidhof.com
has no express or implied obligation to announce or introduce a commercial release of the SOFTWARE or any similar or compatible product.
2. Warranty Disclaimer
may correct errors in the SOFTWARE and DOCUMENTATION within a reasonable time, as determined in its sole discretion. maidhof.com
does not guarantee or assume responsibility for any impact of use of the SOFTWARE on CUSTOMER'S existing production or other environment or on CPU performance. CUSTOMER acknowledges that the SOFTWARE constitutes an ''untested'' product. CUSTOMER understands that the testing and quality assurance of the SOFTWARE has not yet been completed, nor is the SOFTWARE authorized for general release by maidhof.com
. CUSTOMER agrees and acknowledges that the SOFTWARE has not been tested or debugged and is experimental and that the Documentation may be in draft form and will, in many cases, be incomplete. CUSTOMER agrees that maidhof.com
makes no representations regarding the completeness, accuracy or CUSTOMER'S use or operation of the SOFTWARE . The SOFTWARE and DOCUMENTATION are being delivered ''AS IS'' WITHOUT WARRANTIES OF ANY KIND. maidhof.com
DOES NOT WARRANT THAT THE SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR WILL APPEAR AS DESCRIBED IN THE DOCUMENTATION. maidhof.com
AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF TITLE OR INFRINGEMENT.
3. Liability Disclaimer
IN NO EVENT WILL maidhof.com
BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR LOSSES OR DAMAGES, DIRECT OR INDIRECT, OR EXPENSES INCURRED BY CUSTOMER IN CONNECTION WITH THE USE OF THE SOFTWARE, INCLUDING LOST DATA, LOST PROFITS, BUSINESS INTERUPTION, TIME, MONEY, GOODWILL AND ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF maidhof.com
HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE THE USE OF THE SOFTWARE.
4. Governing Law