All reference to „Inveo“ is replaced with „Martenz“.
Section Terms is added:
“Territory” means the country location of the service users. The Territory for this Terms and Conditions is USA/Canada provided such services are subject to U.S. Export Laws.
THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Provider does not warrant that the programs/services will operate in combinations other than as specified in the documentation or that the operation of the programs/services will be uninterrupted or error-free.
All programs/services are offered and distributed “AS IS.”
The re-performance of services, or if Provider is unable to perform the services as warranted, and Provider will promptly refund (no later than forty-five (45) days) the fees paid to Provider for the unsatisfactory services.
Limitation of Liability
In no event shall either party be liable for any indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by either party or any third party, whether in an action in contract or tort, even if the other party has been advised of the possibility of such damages. Provider’s liability for damages hereunder shall in no event exceed the amount of fees paid under respective order, and if such damages result from your use of the program and/or services, such liability shall be limited to fees paid for the relevant program or services giving rise to the liability.
This Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to any conflict of law’s provisions. This order will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA, even if such law is adopted in Florida. Further, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this terms and respective order.