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END USER SOFTWARE LICENSE AGREEMENT (EULA)
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11. General Provisions.
11.1 Entire Agreement; Amendment. This document contains the entire agree-
ment between the parties relating to the licensing of the Software and super-
sedes 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 Adminis-
tration,
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 juris-
diction 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 pro-
vision of General Terms and Conditions, then, the EULA shall prevail. With-
out 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.
