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Appendix
© 1998 by TELES AG Berlin, Version 1.30/iTA-eu/f/8.02, Issue: June 1998 Page 33
6.5 User Contract
The TELES.iTA/2TR Box contains computer programs that are protected by copyright law.
Illegal use of these programs may result in civil and criminal penalties. The accompanying
user manual and the hardware supplied with the program are also protected by copyright law.
As sole owner of these products, TELES reserves all proprietary rights of use.
Warranty / Liability
1. The Seller gives the Buyer the guarantee to remedy a defect of the TELES.iTA/2TR Box
within 6 years after delivery or, if this is impossible, make a substitution free of charge.
This warranty is terminated if the Buyer or any third party has modified or attempted to
repair the hardware or software. The liability of the Seller does not cover damages due to
natural wear and tear, improper handling or operating errors
2. The Buyer shall inform the Seller in writing within 14 days of acquisition about apparent
defects and return the faulty merchandise to the Seller.
3. Software defects can be repaired only if they can be reproduced. The Seller shall remedy
only such software defects that substantially affect the promised use.
4. If the repairs or substitutions mentioned above in section 1 are not carried out or are im-
possible, the Buyer is entitled, at his option, to rescission or abatement.
5. The foregoing paragraphs are the sole and exclusive provisions regarding the warranty.
They do not preclude, however, quality guarantees that protect the Buyer against risk of
consequential damages.
6. In no event shall the Seller be liable for consequential damages unless resulting from ma-
licious faults or negligence. The Seller shall not be liable for damages caused by vicarious
agents. The Seller is only responsible for damages covered by the manufacturer’s liability
insurance. Product liability claims regulated by the pertinent national product liability
laws remain unaffected by these terms.
7. Legal venue for all obligations and liabilities arising out of this agreement shall be the
head office of the Seller.
38


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