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BVS HS-Q Series
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END USER SOFTWARE LICENSE AGREEMENT (EULA)
11.
General Provisions
11.1.
Entire Agreement; Amendment. This document contains the entire agreement between the parties relating to the
licensing of the Software and supersedes all prior or contemporaneous agreements, written or oral, between the parties
concerning the licensing of the Software. This Agreement may not be changed, amended, or modified except by written
document signed by Balluff.
11.2.
Notice. All notices required or authorized under this Agreement shall be given in writing, and shall be effective when
received, with evidence of receipt. Notices to Balluff shall be sent to the attention of Contract Administration,
Balluff GmbH Schurwaldstraße 9, D-73765 Neuhausen/Fildern, Germany, or such other address as may be specified by
Balluff in writing.
11.3.
Waiver. A party's failure to enforce any of the terms and conditions of this Agreement shall not prevent the party's later
enforcement of such terms and conditions.
11.4.
It is agreed that (a) place of jurisdiction for legal actions falling within the jurisdiction as regards the subject matter of the
Amtsgericht (local courts) shall be the Amtsgericht Stuttgart, Germany and (b) place of jurisdiction for legal actions falling
within the jurisdiction as regards the subject matter of the Landgericht (regional courts) shall be the Landgericht
Stuttgart, Germany.
11.5.
German law shall apply exclusively without giving effect to its conflict of laws principles.
11.6.
In addition to these EULA, the General Terms and Conditions of Balluff shall apply. In the event that individual provisions
of the EULA contradict any provision of General Terms and Conditions, then, the EULA shall prevail. Without prejudice of
the foregoing, should a clause of the EULA contradict the applicable law, then, to the extent the General Terms and
Conditions have most favorable provision for Balluff in this respect, then the Parties shall refer to the General Terms and
Conditions of Balluff.
- END -
Software Product Policy
Balluff reserves the right to ship its products with the latest version of software/firmware available.
This provides our customers with the very latest in Balluff software technology.