General Terms and Conditions

of in2systems GmbH for Sale and Purchase contracts

Issue Date: November 2023

I. Scope

a. These General Terms and Conditions govern the business relationship between in2systems GmbH (hereinafter referred to as the "Seller") and Customers who use the Purchase Item on the basis of a purchase contract. These GTC shall only apply if the Customer is an entrepreneur (§ 14 BGB – German Civil Code), a legal entity under public law or a special fund under public law.

b. These GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that the Seller has expressly agreed to their validity. This consent requirement shall apply in any case, for example, even if the Lessor, being aware of Customer's GTC, performs the services vis-à-vis Customer without reservation.

II. Rights of use

a. Hardware and software of the Purchase item shall be provided as a uniform system. Customer is not entitled to operate, use or otherwise exploit the software included in the scope of delivery as well as its respective upgrades, patches and updates independently of the hardware of the purchase item, either for a fee or free of charge. Seller grants to Customer a simple, non-exclusive, revocable, non-transferable and non-sub licensable right to the product-related software included in the scope of delivery to use this software, its respective upgrades, patches and updates for the contractually intended and assumed purpose. In all other respects, all rights shall remain with the Seller.

If the of Purchase item is equipped with a Microsoft operating system, the license terms of the End User License Agreement (EULA) attached to these General Terms and Conditions in English shall also apply.

b. Customer is not entitled to use the Software, their respective upgrades, updates, patches or parts thereof directly or indirectly.

sell, rent, lease, license, distribute, market or otherwise commercially exploit or pass on the Software free of charge, even to third parties;
reverse engineer, decompile, disassemble, or reproduce the Software, in whole or in part, or create derivative works based thereon (except to the extent that the Software enables the user through a special feature to create, generate, or send created content); and
remove, alter, disable or circumvent any copyright or trademark notices or other proprietary information, notices or labels present on or in the Software; and
perform the Software or any reproduction or adaptation in violation of any applicable law or regulation.

III. Handover of the Purchase Item; Force Majeure

a. Customer takes over the Purchase Item at the agreed place of takeover against signature of a confirmation of receipt. lf a place of handover has not been agreed, Customer's place of business shall be deemed to be the place of handover.

b. Unless otherwise agreed, Seller shall deliver the Purchase Item free domicile and duty unpaid to the curb of the agreed delivery address, provided this delivery address is within the European Union. Any customs clearance costs incurred for delivery to an address outside the European Union may be charged to the Customer. Delivery of the Purchase Item shall be carried out at the conditions regulated in the Purchase Agreement. Further services of the Seller shall be commissioned and remunerated separately.

c. Delivery of the Purchase Item at a location other than that specified in the Purchase Agreement shall require the prior consent of the Seller. Customer shall bear the expenses and follow-up costs associated with such relocation, unless other-wise agreed in individual cases.

d. Force majeure or operational disruptions occurring at Seller or its suppliers, e.g. due to riots, strikes, war, lockouts, allocation, etc., which temporarily, through no fault of its own, prevent Seller from making the Purchase Item available on the agreed date, the agreed handover/delivery date shall be postponed by the proportional duration of the performance disruptions caused by these circumstances.

IV. Material Defects; Defects of Title

a. Seller expressly reserves the right to provide the customer with the hardware in "refurbished" condition, i.e. in a quality-assured, generally overhauled and repaired condition. It is possible that the hardware may show signs of use. Any signs of use are listed individually in the list of defects attached to the respective confirmation of receipt. Upon handover/delivery of the Purchase Item, Seller and Customer shall jointly ascertain its condition. For this purpose, Seller and Customer shall satisfy themselves that the Purchase Item is in a condition in accordance with the contract.

b. Seller shall remedy any defects with regard to the Purchase Item arising during the warranty period defined in the Purchase Agreement or in accordance with Section IV. Lit. e. Customer shall immediately notify Seller in writing of any defects in a comprehensible form, stating all information required for the identification and analysis of the defect. In particular, the work steps which led to the occurrence of the defect, the mode of appearance and the effects of the defect shall be stated. Customer shall support Seller in the elimination of the defect within the scope of what is reasonable.

c. Unless otherwise provided for in the Purchase Agreement, the warranty period for Purchase Items shall be 12 (twelve) months and shall commence upon delivery of the Purchase Item.

d. In the event of only an insignificant reduction in the suitability for contractual use, Customer shall have no claims due to defects of the Purchase Item. Likewise, claims for such defects are excluded if the deviation from the contractual condition is due to improper use or use under non-agreed conditions of use or a non-agreed system environment. The same applies to such deviations that arise due to special external influences that are not contractually assumed.

e. Proven and justified defects shall be remedied within Seller's business hours at Seller's discretion by repair or replacement of the Purchase Item complained about free of charge.

f. Termination by Customer due to Seller's failure to provide use of the Purchase Item in accordance with the Purchase Agreement is only permissible if Seller has been given sufficient opportunity to remedy the situation and this remedy has failed. A failure is only to be assumed if it is finally refused by the Seller or delayed in an unreasonable manner or if for other reasons an unreasonableness for the Customer is given.

g. Warranty rights of the Customer are excluded if and insofar as the Customer makes or has made changes to the Purchase Item without the prior consent of the Seller, unless the Customer proves that the changes made do not have any impact on the analysis and elimination of the defect that are unreasonable for the Seller.

h. Seller or its agents shall be entitled, within the scope of the software and support services agreed in the Purchase Agreement and in coordination with the Customer, to inspect the Purchase Item and to check its condition as well as to carry out any maintenance measures, upgrades, updates or other necessary measures on site or on a remote basis at its sole discretion.

i. Seller shall be liable to Customer for any infringement of third party rights caused by the Purchase Item only to the extent that the Purchase Item is used by the Customer in accordance with the contract, in particular in the contractually intended environment of use. Seller's liability for the infringement of third party rights shall be limited to the extent permitted by law to third party rights within the European Union.

j. If a third party asserts against the Customer that the Purchase Item infringes its rights, Customer shall notify Seller immediately in text form. Seller shall be entitled, but not obliged, to the extent permissible, to defend the asserted claims. Customer shall refrain from making any statement to the third party prior to a decision by Seller in this regard. In particular, Customer shall not make any acknowledgement, settlement or other declaration vis-à-vis a third party without consulting the Seller.

k. If the rights of third parties are infringed by the Purchase Item, in particular by the software, Seller shall, at its own discretion and at its own expense, procure the right of use for the Customer or design the Purchase Item to be free of such infringement.

V. Other obligations of the Buyer

Customer is obliged to support Seller to the extent necessary and to create in his sphere of operation all prerequisites required for the proper execution of the contract, in particular to enable an online connection of the Purchase Item and remote access to Purchase Item, in particular for defect analysis and remedy. Prior to delivery of the Purchase Item, Customer shall ensure on its own responsibility sufficient spatial and technical pre-conditions required for the installation and readiness for operation of the Purchase Item. Customer is aware that for the use of web browser-based applications on the cannyboard system a permanent internet connection of the Purchase Item is a requirement. It is the responsibility of the Customer to create the technical requirements for that purpose. Customer is obligated to treat the technical information stored on the purchase item regarding device configuration and device connection to cloud systems as confidential without restriction and not to pass it on to third parties or make it accessible to third parties in any other way.

VI. Terms of payment

a. Unless otherwise agreed, invoice amounts are due and payable without deduction within fourteen (14) days from the invoice date. Payments by Customer can be made cashless exclusively to the account specified by Seller. In any case, all payments must be made free of charge for the Seller. Seller reserves the right to request a SEPA direct debit mandate from the Customer for the collection of due payments; such collection shall take place at the beginning of each month by the 1^stcalendar day of the respective month.

b. If Customer is in default of payment or in case of return debit notes and rejection, Seller is entitled to make the further use of the Purchase Item dependent on the full settlement of the outstanding claims or in whole or in part only against advance payment or to terminate the Purchase Agreement without notice. If the Customer is in default with a not only insignificant claim portion, Seller is entitled to repossess the Purchase Item in order to secure his property or to avert damages, even without terminating the contract.

In such case the Customer must return the Purchase Item to the Seller within 10 (ten) working days following receipt of the termination notice, in proper condition, complete and at his own expense and risk. In the event of an extraordinary termination of the Purchase Agreement due to a failure of the direct debit collection, Customer shall not be entitled to any right of retention.

c. The provision of necessary updates and patches of the software during the warranty period as defined under Section IV. lit. e) shall be free of charge, unless otherwise agreed in the Purchase Agreement. All other ongoing operating costs of the Purchase Item (in particular electricity costs and costs for the Internet connection) shall be borne by the Customer.

d. Payments by Customer shall first be credited against the oldest not fully settled claim. Deviating redemption provisions of the Customer shall be invalid.

e. Customer may only offset against Seller's claims if Customer's counterclaims are undisputed or a legally binding title exists; Customer may only assert a right of retention insofar as it is based on claims from the Purchase Agreement.

VII. Retention of Title and Impairment of the Ownership Relationship

a. In relation to Customer, Seller remains the legal and economic owner of the Purchase Item until full payment of the agreed total purchase price.

b. Customer shall keep the Purchase Item free from third party rights until the agreed total purchase price has been paid in full. If the rights of the Seller to the Purchase Item are infringed or impaired by measures of third parties, in particular by seizure or other events, Customer must inform the Seller of this immediately in text form.

c. In case of imminent danger during the period of time until the agreed total purchase price has been paid in full, Customer shall immediately take all measures suitable to preserve and protect the rights of the Seller. Customer shall bear the costs for measures to ward off access by third parties which have not been caused by the Seller.

VIII. Liability of the Seller

a. Seller is liable to the Customer, apart from the breach of material contractual obligations, only in cases of intent and gross negligence of its legal representatives and agents. Material contractual obligations are obligations that enable the proper performance of the purchase contract in the first place and on whose compliance Customer regularly relies and may rely. Insofar as the Seller is liable for slight negligence, its liability for property damage and financial loss is limited to the typical foreseeable damage for the contract. Liability of Seller for other, remote consequential damages is excluded to the maximum extent permitted by law.

b. The above limitations or exclusions of liability shall not apply in the event of injury to life, limb or health, fraudulent concealment of a defect, assumption of a guarantee or a procurement risk and in the event of liability of the Seller under the German Product Liability Act.

c. Insofar as the liability of the Seller is excluded or limited, this also applies to the organs, employees, representatives and vicarious agents of the Seller.

IX. Termination

a. Either contracting party may terminate the contract without notice for good cause. Any notice of termination must be in writing (registered letter) to be effective.

b. Seller may in particular terminate without notice if Customer

suspends its payments if there is evidence of a significant deterioration in the financial situation of the customer from which a threat to the solvency of the customer is derived or if the Customer ceases its business operations;
as a debtor, offers an out-of-court settlement, ceases to make payments, files for insolvency proceedings or such proceedings are opened against his assets or the opening is refused for lack of assets;
has made incorrect statements or concealed facts when concluding the contract and therefore the seller cannot reasonably be expected to continue the contract;
does not refrain from serious violations of the contract despite a written warning or does not immediately remedy consequences of such violations of the contract that have already occurred;
if other circumstances occur at the Customer's side which, after due examination by the Seller, make the further proper fulfillment of the contract appear to be at risk.

X. General provisions

a. These GTC as well as the legal relations of the contracting parties are subject to the law of the Federal Republic of Germany to the exclusion of international private law as well as the law on the international sale of goods (CISG).

b. For all present and future claims arising from the contractual relationship, the exclusive place of jurisdiction is the Seller's place of business. However, the Seller is entitled to sue the Customer at his place of business. The place of performance for all obligations arising from this contractual relationship is the Seller's place of business.

c. Customer shall notify the seller without delay of any change in its registered office and of any changes in its company name, bank details or in the legal form and liability relationships of its company.

d. Claims and other rights of the Customer arising from the Purchase Agreement may only be assigned with the prior written consent of the Seller. Seller is entitled to assign his claims from the Purchase Agreement. Furthermore, the seller is entitled to sell these claims to third parties.

General Terms and Conditions of in2systems GmbH for Rental and Rent-to-Own agreements

Issue Date: November 2023

I. Scope

a. These General Terms and Conditions (hereinafter referred to as also as “GTC”) govern the business relationship between in2systems GmbH (hereinafter referred to as the “Lessor”) and Customers who use the Rental or Rent-to-Own item based on a Rental or Rent-to-Own Agreement. These GTC shall only apply if the Customer is an entrepreneur (§ 14 BGB – German Civil Code), a legal entity under public law or a special fund under public law.

b. These GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that Lessor has expressly consented to their application. This consent requirement shall apply in any case, for example, even if the Lessor, being aware of Customer's GTC, performs the services vis-à-vis Customer without reservation.

II. Rights of use

a. Hardware and software of the Rental or Rent-to-Own item shall be provided as a uniform system. Customer is not entitled to operate, use or otherwise exploit the software included in the scope of delivery as well as its respective upgrades, patches and updates independently of the hardware of the purchase item, either for a fee or free of charge. Lessor grants to Customer a simple, non-exclusive, revocable, non-transferable and non-sub licensable right to the product-related software included in the scope of delivery to use this software, its respective upgrades, patches and updates during the term of the Rental or Rent-to-Own agreement for the contractually intended and assumed purpose. In all other respects, all rights shall remain with the Lessor.

If the Rental or Rent-to-Own item is equipped with a Microsoft operating system, the license terms of the End User License Agreement (EULA) attached to these General Terms and Conditions in English shall also apply.

b. Customer is not entitled to use the software, their respective upgrades, updates, patches or parts thereof directly or indirectly to

sell, rent, lease, license, distribute, market or otherwise commercially exploit or pass on the Software free of charge, even to third parties;
reverse engineer, decompile, disassemble or reproduce the software, in whole or in part, or create derivative software therefrom (except to the extent that the software enables the User through a specific function to create, generate or send created content); and
remove, alter, disable, or circumvent any copyright, trademark, or other proprietary information, notices, or labels present on or in the software; and
perform the software or any reproduction or adaptation in violation of any applicable law or regulation.

III. Handover of the Rental or Rent-to-Own item; Force Majeure

a. Customer takes over the Rental or Rent-to-Own item at the agreed place of handover against signing of a confirmation of receipt. lf a place of handover has not been agreed, Customer's place of business shall be deemed to be the place of handover.

b. Unless otherwise agreed, Lessor shall deliver the Rental or Rent-to-Own item free domicile, duty unpaid to the curb of the agreed delivery address, provided this delivery address is within the European Union. Any customs clearance costs incurred for delivery to an address outside the European Union may be charged to the Customer. Delivery of the Rental or Rent-to-Own item shall be carried out at the conditions stipulated in the Rental or Rent-to-Own Agreement. Further services of the Lessor shall be commissioned and remunerated separately.

c. Delivery of the Rental or Rent-to-Own item at a location other than specified in the Rental or Rent-to-Own Agreement shall require the prior consent of the Lessor. Customer shall bear the expenses and follow-up costs associated with such relocation, unless otherwise agreed in individual cases.

d. Force majeure or operational disruptions occurring at Lessor or its suppliers, e.g. due to riots, strikes, war, lockouts, allocations, etc., which temporarily prevent Lessor, through no fault of its own, from making the Rental or Rent-to-Own item available on the agreed date, the agreed handover/delivery date shall be postponed by the proportionate duration of the disruptions to performance caused by these circumstances.

IV. Material defects; Defects in title

a. Customer is not entitled to be provided with brand-new hardware under a rental agreement or rental purchase agreement. Lessor therefore expressly reserves the right, in the case of a rental or rent-to-own case, to provide the customer with the hardware. in a "refurbished" condition, i.e. in a quality-assured, generally overhauled and repaired condition. It may happen that the hardware still shows slight signs of use. Any traces of use shall be listed individually in the list of defects attached to the respective acknowledgement of receipt.

b. Upon handover/delivery of the Rental or Rent-to-Own item, Lessor and Customer shall jointly ascertain its condition. For this purpose, Lessor and Customer shall satisfy themselves that the Rental or Rent-to-Own item is in a condition in accordance with the Contract. Any previous damage that is not included in the list of defects but does not affect the readiness for operation shall be subsequently recorded in the list of defects. Apart from that, any liability of the Lessor due to defects of the Rental or Rent-to-Own item which already existed at the time of the conclusion of the contract shall be excluded.

c. The Customer is obligated to treat the Rental or Rent-to-Own item with care, to protect it from damage and to maintain it in a condition suitable for use in accordance with the Contract. Customer shall at any time ensure proper use and operation of the Rental or Rent-to-Own item. Customer shall follow the product-related maintenance, care and use instructions, in particular the instructions contained in any operating manuals and documentation. Markings, in particular serial numbers, inscriptions, copyright notices, trademark notices or similar legends may not be removed, changed or made unrecognizable from the rental or Rent-to-Own Item.

d. The Lessor shall remedy any defects with regard to the rental or Rent-to-Own item arising during the warranty period defined in the Rental or Rent-to-Own Agreement or in accordance with Section IV. lit. e. Customer shall immediately notify Lessor in writing of any defects in a comprehensible form, stating all information required for the identification and analysis of the defect. In particular, the work steps that led to the occurrence of the defect, the mode of appearance and the effects of the defect shall be indicated. Customer shall support Lessor in the elimination of the defect within the scope of what is reasonable.

e. Unless otherwise provided for in the Rental or Rent-to-Own Agreement, the warranty period for Rental or Rent-to-Own items shall be 12 (twelve) months and shall commence upon delivery of the Rental or Rent-to-Own-item at the beginning of the rental period. In Rent-to-Own cases, Lessors warranty shall be excluded to the maximum extent permitted by law after purchase and transfer of ownership of the Rent-to-Own item following the agreed rental period.

f. In the event of an only insignificant reduction in the suitability for the contractual use, Customer shall have no claims due to defects of the Rental or Rent-to-Own item. Likewise, claims for such defects shall be excluded if the deviation from the contractual condition is due to improper use or use under non-agreed conditions of use or a non-agreed system environment. The same applies to such deviations that arise due to special external influences that are not contractually assumed.

g. Proven and justified defects shall be remedied within Lessor's business hours at Lessor's discretion by repair or replacement of the Rental or Rent-to-Own item complained about free of charge.

h. Termination by Customer due to Lessor's failure to provide use of the Rental or Rent-to-Own item in accordance with the Contract is only permissible if Lessor has been given sufficient opportunity to remedy the situation and this remedy has failed. A failure is only to be assumed if it is finally refused by the Lessor or is delayed in an unreasonable manner or if for other reasons an unreasonableness for the Customer is given.

i. Warranty rights of the Customer are excluded if and insofar as the Customer makes or has made changes to the Rental or Rent-to-Own item without prior consent of the Lessor, unless the Customer proves that the changes made do not have any impact on the analysis and elimination of the defect that are unreasonable for the Lessor.

j. The Lessor or its agents shall be entitled, within the scope of the software and support services agreed in the Rental or Rent-to-Own Agreement and in coordination with the Customer, to inspect the Rental or Rent-to-Own item and to check its condition as well to carry out any maintenance measures, upgrades, updates or other necessary measures on site or on a remote basis at its sole discretion.

k. The Lessor shall be liable to the Customer for any infringement of third party rights caused by the Rental or Rent-to-Own item only to the extent that the Rental or Rent-to-Own item is used by the Customer in accordance with the contract, in particular in the contractually intended area of use. Seller's liability for the infringement of third party rights shall be limited to the maximum extent permitted by law to third party rights within the European Union.

l. If a third party asserts against the Customer that the Rental or Rent-to-Own item infringes its rights, Customer shall notify Lessor immediately in text form. Lessor is entitled, but not obliged, to the extent permissible, to defend the asserted claims. Customer shall refrain from making any statement to the third party prior to a decision by Lessor in this regard. In particular, Customer shall not make any acknowledgement, settlement or other declaration vis-à-vis a third party without previously consulting the Lessor.

m. If the rights of third parties are infringed by the Rental or Rent-to-Own item, in particular by the software, Lessor shall, at its own discretion, procure the right of use for the Customer or design the Rental or Rent-to-Own item to be free of such infringement.

V. Other obligations of the Customer

Customer is obligated to support Lessor to the extent necessary and to create in his sphere of operation all prerequisites required for the proper execution of the cooperation, in particular to enable an online connection of the Rental or Rent-to-Own item and remote access to the Rental or Rent-to-Own item, in particular for defect analysis and remedy. Prior to delivery of the Rental or Rent-to-Own item, Customer shall ensure on its own responsibility sufficient spatial and technical pre-conditions required for the installation and readiness for operation of the Rental or Rent-to-Own item. Customer is aware that for the use of web browser-based applications on the cannyboard system a permanent internet connection of the Rental or Rent-to-Own item is a requirement. It is the responsibility of the Customer to create the technical requirements for that purpose. Customer is obligated to treat the technical information stored on the purchase item regarding device configuration and device connection to cloud systems as confidential without restriction and not to pass it on to third parties or make it accessible to third parties in any other way.

VI. Terms of Payment

a. Unless otherwise agreed, invoice amounts are due and payable without deduction within fourteen (14) days from the invoice date. Payments by Customer can be made cashless, exclusively to the account specified by Lessor. In any case, all payments must be made free of charge for the Lessor. Lessor reserves the right to request a SEPA direct debit mandate from the Customer for the collection of due payments; such collection shall take place at the beginning of each month by the 1^st calendar day of the respective month.

b. If the Customer is in default of payment or in case of return debit notes and rejection, Lessor is entitled to make the further use of the Rental or Rent-to-Own item dependent on the full settlement of the outstanding claims in whole or in part only against advance payment or to terminate the Rental or Rent-to-Own Agreement without notice. If Customer is in default with a not only insignificant claim portion, Lessor is entitled to repossess the Rental or Rent-to-Own item in order to secure his property or to avert damages, even without terminating the contract. In such case the Customer must return the Rental or Rent-to-Own item to the Lessor in proper condition, complete and at its own expense and risk within 10 (ten) working days following receipt of the termination notice. In the event of an extraordinary termination of the Rental or Rent-to-Own Agreement due to a failure of the direct debit collection, the Customer shall not be entitled to any right of retention.

c. The provision of necessary updates and patches of the software during the warranty period as defined under Section IV. lit. e)shall be free of charge, unless otherwise agreed in the Rental or Rent-to-Own Agreement. All other running operating costs of the Rental or Rent-to-Own item (in particular electricity costs and costs for the Internet connection) shall be borne by the Customer.

d. Payments by Customer shall first be credited against the oldest not fully settled claim. Deviating redemption provisions of the Customer shall be invalid.

e. Customer may only offset against Lessor's claims if Customer's counterclaims are undisputed or a legally binding title exists; Customer may only assert a right of retention insofar as it is based on claims from the Rental or Rent-to-Own Agreement.

VII. Retention of Title and Impairment of the Ownership Relationship

a. In relation to Customer, Lessor remains the legal owner of the Rental or Rent-to-Own item; in case of Rent-to-Own this retention of title shall apply until all agreed rental installments have been paid in full. Customer may not sell, give away, transfer by way of security, rent or lend the Rental or Rent-to-Own item. However, Customer shall be entitled to permit its employees and company staff as well as third parties to use the Rental or Rent-to-Own item for the contractually intended purpose. However, the Customer must ensure that those persons who are permitted to use the Rental or Rent-to-Own item have been properly instructed in its use. Insofar as persons to whom such use is permitted cause damage to or with the rental or Rent-to-Own item, Customer shall be fully liable in addition to these persons.

b. Customer shall keep the Rental or Rent-to-Own item free from third party rights. If the rights of the Lessor to the Rental or Rent-to-Own item are infringed or impaired by measures of third parties, in particular by seizure or other events, Customer shall notify Lessor thereof in text form without delay.

c. In case of imminent danger, the Customer shall immediately take all measures suitable to preserve and protect the rights of the Lessor. Customer shall bear the costs for measures to ward off access by third parties that were not caused by the Lessor.

VIII. Exchange or return of the Rental or Rent-to-Own item

a. Lessor is entitled, but not obligated, at any time and at its sole discretion to replace individual or all of the Rental or Rent-to-Own items provided at its own discretion with corresponding items with functionally compatible or improved equipment.

b. Upon exchange or return, the Rental or Rent-to-Own item must be in a condition appropriate to its age and useful life, free of unreported damage and ready for operation. The Rental or Rent-to-Own item must be returned together with accessories and any product-related documentation provided.

c. A joint record of the condition of the Rental or Rent-to-Own item shall be made at the time of exchange or return, taking into account previous damages, and signed by both parties or their authorized representatives.

d. If the Rental or Rent-to-Own item does not correspond to the condition pursuant to Section VIII. lit. b. upon return, the Customer shall be obligated to compensate for the reduced value resulting from the damage incurred during the rental period. If the contracting parties cannot agree on the reduced value to be compensated by Customer, the reduced value shall be determined by a publicly appointed and sworn expert or an independent expert's office at Lessor's sole discretion and at Lessor's instigation; the contracting parties shall each bear half of the costs incurred for this procedure. The expert damage assessment shall be binding for both contracting parties as an arbitration report.

e. Lessor will inform Customer of the further modalities at least one (1) week before the intended exchange or return. The exchange or return shall take place at the place of handover. Customer shall ensure that at the time of the exchange or return, the Rental or Rent-to-Own item together with the accessories and documentation provided are ready for collection. Unless otherwise agreed, Customer shall bear the costs for dismantling, packaging and return transport. If, for reasons for which the Customer is responsible, an exchange or return is not possible or is delayed, the Customer shall bear the additional costs caused thereby.

IX. Liability of the Lessor

a. Lessor is liable to the Customer, apart from the breach of material contractual obligations, only in cases of intent and gross negligence of its legal representatives and agents. Material contractual obligations are obligations that enable the proper execution of the Rental or Rent-to-Own Agreement in the first place and on whose compliance the Customer regularly relies and may rely on. Insofar as the Lessor is liable for slight negligence, its liability for property damage and financial loss is limited to the typical foreseeable damage for the contract. Liability of Lessor for other, remote consequential damages is excluded to the maximum extent permitted by law.

b. The above limitations or exclusions of liability shall not apply in the event of injury to life, limb or health, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee or a procurement risk and in the event of liability on the part of the Lessor under the German Product Liability Act.

c. Insofar as the liability of the Lessor is excluded or limited, this shall also apply to the organs, employees, representatives and vicarious agents of the Lessor.

X. Termination

a. Each contracting party may terminate the contract without notice for good cause. Any notice of termination must be in writing (registered letter) to be effective.

b. Lessor may in particular terminate the contract without notice if Customer

suspends its payments if there is evidence of a significant deterioration in Customer's financial situation from which a threat to Customer's solvency is derived or if Customer ceases its business operations;
as a debtor offers an out-of-court settlement, ceases to make payments, files for insolvency proceedings or such proceedings are opened against his assets or the opening is refused for lack of assets;
has made incorrect statements or concealed facts when concluding the contract and therefore the Lessor cannot reasonably be expected to continue the contract;
fails to refrain from serious breaches of the contract despite a written warning or fails to immediately remedy consequences of such breaches of contract that have already occurred;
if other circumstances occur at the Customer's side which, after due examination by Lessor, make the further proper fulfillment of the contract appear to be at risk, in particular if the Customer uses the Rental or Rent-to-Own item in breach of the contract and Lessor has not expressly consented to such use.

XI. General provisions

a. These GTC as well as the legal relations of the contracting parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of international private law as well as the law on the international sale of goods (CISG).

b. For all present and future claims arising from the contractual relationship, the exclusive place of jurisdiction is the Lessor's place of business. However, the Lessor is entitled to sue the Customer at his place of business. The place of performance for all obligations arising from this contractual relationship is the Lessor's place of business.

c. Customer shall notify Lessor immediately of a change of its registered office as well as of any changes in his company, his bank account details or in the legal form and liability relations of his company.

d. Claims and other rights of the Customer arising from the Rental or Rent-to-Own agreement may only be assigned with the prior written consent of the Lessor. Lessor is entitled to assign its claims arising from the Rental or Rent-to-Buy agreement. Furthermore, Lessor is entitled to sell these claims to third parties.

End User License Agreement (EULA)

MICROSOFT SOFTWARE LICENSE TERMS

WINDOWS IOT ENTERPRISE & MOBILE (ALL EDITIONS)

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Depending on how you obtained the Windows software, this is a license agreement between (i) you and the device manufacturer or software installer that distributes the software with your device; or (ii) you and Microsoft Corporation (or, based on where you live or, if a business, where your principal place of business is located, one of its affiliates) if you acquired the software from a retailer. Microsoft is the device manufacturer for devices produced by Microsoft or one of its affiliates, and Microsoft is the retailer if you acquired the software directly from Microsoft.

This agreement describes your rights, obligations, and the conditions upon which you may use the Windows software. You should review the entire agreement, including any supplemental license terms that accompany the software and any linked terms, because all of the terms are important and together create this agreement that applies to you. You can review linked terms by pasting the (aka.ms/) link into a browser window.

By accepting this agreement or using the software, you agree to all of these terms, and consent to the transmission of certain information during activation and during your use of the software as per the privacy statement described in Section 3. If you do not accept and comply with these terms, you may not use the software or its features. You may contact the device manufacturer or installer, or your retailer if you purchased the software directly, to determine its return policy and return the software or device for a refund or credit under that policy. You must comply with that policy, which might require you to return the software with the entire device on which the software is installed for a refund or credit, if any.

1. Overview

a. Applicability. This agreement applies to the Windows software that is preinstalled on your device, or acquired from a retailer and installed by you, the media on which you received the software (if any), any fonts, icons, images or sound files included with the software, and also any Microsoft updates, upgrades, supplements or services for the software, unless other terms come with them. It also applies to Windows apps developed by Microsoft that provide functionality such as mail, calendar, contacts, music and news that are included with and are a part of Windows. If this agreement contains terms regarding a feature or service not available on your device, those terms do not apply.

b. Additional terms. Depending on your device’s capabilities, how it is configured, and how you use it, additional Microsoft and third -party terms may apply to your use of certain features, services and apps.

(I) Some Windows apps provide an access point to, or rely on, online services, and the use of those services is sometimes governed by separate terms and privacy policies, such as the Microsoft Services Agreement at https://aka.ms/msa. You can view these terms and policies by looking at the service terms of use or the app’s settings, as applicable; please read them. The services may not be available in all regions.
(II) The manufacturer or installer may also preinstall apps, which will be subject to separate license terms.
(III) The software may include third-party programs that are licensed to you under this agreement, or under their own terms. License terms, notices and acknowledgements, if any, for the third-party program can be viewed at https://aka.ms/thirdpartynotices

2. Installation and Use Rights

a. License. The software license is permanently assigned to the device with which you acquired the software. You many only use the software on that device.

b. Device. In this agreement, “device” means a physical hardware system with an internal storage device capable of running the software. A hardware partition or blade is considered to be a device.

c. Restrictions. The manufacturer or installer and Microsoft reserve all rights (such as rights under intellectual property laws) not expressly granted in this agreement, and no other rights are licensed to you. For the avoidance of doubt, this license does not give you any right to, and you may not (and you may not permit any other person or entity to):

(I) use or virtualize features of the software separately;
(II) publish, copy (other than the permitted backup copy), rent, lease, or lend the software;
(III) transfer the software;
(IV) work around any technical restrictions or limitations in the software;
(V) use the software as server software or to operate the device as a server, except as permitted under Section 2(d)(III) below; use the software to offer commercial hosting services; make the software available for simultaneous use by more than one user over a network, except as permitted under Section 2(d)(V) below; install the software on a server for remote access or use over a network; or install the software on a device for use only by remote users; a single device may be locally and simultaneously interacted with by up-to two end user operators;
(VI) reverse engineer, decompile, or disassemble the software, or attempt to do so, except and only to the extent that the foregoing restriction is (a) permitted by applicable law; (b) permitted by licensing terms governing the use of open-source components that may be included with the software; or (c) required to debug changes to any libraries licensed under the GNU Lesser General Public License that are included with and linked to by the software; and
(VII) when using Internet-based features you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner.

d. Multi-Use scenarios.

(I) Multiple versions. If when acquiring the software, you were provided with multiple versions (such as 32-bit and 64-bit versions), you may install and activate only one of those versions at a time.
(II) Multiple or pooled connections. Hardware or software you use to multiplex or pool connections, or reduce the number of devices or users that access or use the software, does not reduce the number of licenses you need. You may only use such hardware or software if you have a license for each instance of the software you are using.
(III) Device connections. You may allow up to 20 other devices to access the software installed on the licensed device solely to use the following software features for personal or internal purposes: file services, print services, Internet information services, and Internet connection sharing and telephony services on the licensed device. The 20 connection limit applies to devices that access the software indirectly through “multiplexing” or other software or hardware that pools connections. You may allow any number of devices to access the software on the licensed device to synchronize data between devices. This subsection does not mean, however, that you have the right to install the software, or use the primary function of the software (other than the features listed in this subsection), on any of these other devices.
(IV) Remote access. Users may access the licensed device from another device using remote access technologies, but only on devices separately licensed to run the same or higher edition of this software.
(V) Remote assistance. You may use remote assistance technologies to share an active session without obtaining any additional licenses for the software. Remote assistance allows one user to connect directly to another user’s computer, usually to correct problems.
(VI) POS application. If the software is installed on a retail point of service device, you may use the software with a point of service application (“POS Application”). A POS Application is a software application which provides only the following functions: (I) process sales and service transactions, scan and track inventory, record and/or transmit customer information, and perform related management functions, and/or (II) provide information directly and indirectly to customers about available products and services. You may use other programs with the software as long as the other programs: (I) directly support the manufacturer’s specific use for the device, or (II) provide system utilities, resource management, or anti-virus or similar protection. For clarification purposes, an automated teller machine (“ATM”) is not a retail point of service device.
(VII) Cloud Computing Devices. If your device uses Internet browsing functionality to connect to and access cloud hosted applications: (I) no desktop functions may run locally on the device, and (II) any files that result from the use of the desktop functions may not be permanently stored on the system. “Desktop functions,” as used in this agreement, means a consumer or business task or process performed by a computer or computing device. This includes but is not limited to email, word processing, spreadsheets, database, scheduling, network or internet browsing and personal finance.
(VIII) Desktop Functions. If your system performs desktop functions, then you must ensure that they: (I) are only used to support the application, and (II) operate only when used with the application.

e. Windows IoT Enterprise Features for Development and Testing Only.

(I) Device Health Attestation. You may only implement Device Health Attestation in a commercial use if you execute a Microsoft Windows IoT Core Services Agreement at: https://azure.microsoft.com/en-us/services/windows-10-iot-core/

f. Specific Use. The manufacturer designed the licensed device for a specific use. You may only use the software for that use.

3. Privacy; Consent to Use of Data

Your privacy is important to us. Some of the software features send or receive information when using those features. Many of these features can be switched off in the user interface, or you can choose not to use them. By accepting this agreement and using the software you agree that Microsoft may collect, use, and disclose the information as described in the Microsoft Privacy Statement available at https://aka.ms/privacy, and as may be described in the user interface associated with the software features.

4. Authorized Software and Activation

You are authorized to use this software only if you are properly licensed and the software has been properly activated with a genuine product key or by other authorized method. When you connect to the Internet while using the software, the software will automatically contact Microsoft or its affiliate to confirm the software is genuine and the license is associated with the licensed device. You can also activate the software manually by Internet or telephone. In either case, transmission of certain information will occur, and Internet, telephone and SMS service charges may apply. During activation (or reactivation that may be triggered by changes to your device’s components), the software may determine that the installed instance of the software is counterfeit, improperly licensed or includes unauthorized changes. If activation fails the software will attempt to repair itself by replacing any tampered Microsoft software with genuine Microsoft software. You may also receive reminders to obtain a proper license for the software. Successful activation does not confirm that the software is genuine or properly licensed. You may not bypass or circumvent activation. To help determine if your software is genuine and whether you are properly licensed, see https://aka.ms/genuine. Certain updates, support, and other services might be offered only to users of genuine Microsoft software.

5. Updates

You may obtain updates only from Microsoft or authorized sources, and Microsoft may need to update your system to provide you with those updates. The software periodically checks for system and app updates, and may download and install them for you. To the extent automatic updates are enabled on your device, by accepting this agreement, or using the software, you agree to receive these types of automatic updates without any additional notice.

6. Geographic and Export Restriction

If your software is restricted for use in a particular geographic region, then you may activate the software only in that region. You must also comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on geographic and export restrictions, visit https://aka.ms/exporting

7. Support and Refund Procedures

For the software generally, contact the device manufacturer or installer for support options. Refer to the support number provided with the software. For updates and supplements obtained directly from Microsoft, Microsoft may provide limited support services for properly licensed software as described at https://aka.ms/mssupport. If you are seeking a refund, contact the manufacturer or installer to determine its refund policies. You must comply with those policies, which might require you to return the software with the entire device on which the software is installed for a refund.

8. Binding Arbitration and Class Action Waiver if You Live in (or, if a Business, Your Principal Place of Business is in) the United States

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes Microsoft, the device manufacturer, and software installer.

a. Disputes covered—everything except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and the manufacturer or installer, or you and Microsoft, concerning the software, its price, or this agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.

b. Mail a Notice of Dispute first. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to the manufacturer or installer, ATTN: LEGAL DEPARTMENT. If your dispute is with Microsoft, mail it to Microsoft Corporation, ATTN: CELA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at https://go.microsoft.com/fwlink/?LinkId=245499. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.

c. Small claims court option. Instead of mailing a Notice of Dispute, and if you meet the court’s requirements, you may sue us in small claims court in your county of residence (or if a business your principal place of business) or our principal place of business–King County, Washington USA if your dispute is with Microsoft. We hope you’ll mail a Notice of Dispute and give us 60 days to try to work it out, but you don’t have to before going to small claims court.

d. Arbitration procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the software for personal or household use, or if the value of the dispute is $75,000 USD or less whether or not you are an individual or how you use the software, its Consumer Arbitration Rules). For more information, see https://aka.ms/adr or call 1-800-778-7879. To start an arbitration, submit the form available at https://aka.ms/arbitration to the AAA; mail a copy to the manufacturer or installer (or to Microsoft if your dispute is with Microsoft). In a dispute involving $25,000 USD or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or if a business, your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.

e. Arbitration fees and payments.

(I) Disputes involving $75,000 USD or less. The manufacturer or installer (or Microsoft if your dispute is with Microsoft) will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, the manufacturer or installer (or Microsoft if your dispute is with Microsoft) will: (1) pay the greater of the award or $1,000 USD; (2) pay your reasonable attorney’s fees, if any; and (3) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amounts unless you and we agree on them.
(II) Disputes involving more than $75,000 USD. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
(III) Disputes involving any amount. If you start an arbitration, we won’t seek our AAA or arbitrator’s fees and expenses, or your filing fees we reimbursed, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. If we start an arbitration we will pay all filing, AAA, and arbitrator’s fees and expenses. We won’t seek our attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.

f. Must file within one year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes — see Section 8.a.) within one year from when it first could be filed. Otherwise, it’s permanently barred.

g. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of Section 8 is found to be illegal or unenforceable, that provision will be severed but the rest of Section 8 still applies.

h. Conflict with AAA rules. This agreement governs if it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.

i. Microsoft as party or third-party beneficiary. If Microsoft is the device manufacturer or if you acquired the software from a retailer, Microsoft is a party to this agreement. Otherwise, Microsoft is not a party but is a third-party beneficiary of your agreement with the manufacturer or installer to resolve disputes through informal negotiation and arbitration.

9. Governing Law

The laws of the state or country where you live (or, if a business, where your principal place of business is located) govern all claims and disputes concerning the software, its price, or this agreement, including breach of contract claims and claims under state consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of law principles. In the United States, the FAA governs all provisions relating to arbitration.

10. Consumer Rights, Regional Variations.

This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:

a. Australia. References to “Limited Warranty” are references to the express warranty provided by Microsoft or the manufacturer or installer. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under the Australian Consumer Law.

In this subsection, “goods” refers to the software for which Microsoft or the manufacturer or installer provides the express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

b. Canada. You may stop receiving updates on your device by turning off Internet access. If and when you re-connect to the Internet, the software will resume checking for and installing updates.

c. Germany and Austria.

(I) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, the manufacturer or installer, and Microsoft, give no contractual guarantee in relation to the licensed software.
(II) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, the manufacturer or installer, or Microsoft is liable according to the statutory law.

Subject to the preceding sentence, the manufacturer or installer, or Microsoft will only be liable for slight negligence if the manufacturer or installer or Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, the manufacturer or installer or Microsoft will not be liable for slight negligence.

11. Additional Notices

a. Networks, data and Internet usage. Some features of the software and services accessed through the software may require your device to access the Internet. Your access and usage (including charges) may be subject to the terms of your cellular or internet provider agreement. Certain features of the software may help you access the Internet more efficiently, but the software’s usage calculations may be different from your service provider’s measurements. You are always responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open networks. You may use the software to connect to networks, and to share access information about those networks, only if you have permission to do so.

b. H.264/AVC and MPEG-4 visual standards and VC-1 video standards. The software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:

THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, AND THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, AND MPEG-4 PART 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM

c. Malware protection. Microsoft cares about protecting your device from malware. The software will turn on malware protection if other protection is not installed or has expired. To do so, other antimalware software will be disabled or may have to be removed.

12. Entire Agreement

This agreement (together with the printed paper license terms or other terms accompanying any software supplements, updates, and services that are provided by the manufacturer or installer, or Microsoft, and that you use), and the terms contained in web links listed in this agreement, are the entire agreement for the software and any such supplements, updates, and services (unless the manufacturer or installer, or Microsoft, provides other terms with such supplements, updates, or services). You can review this agreement after your software is running by going to https://aka.ms/useterms or going to Settings - System - About within the software. You can also review the terms at any of the links in this agreement by typing the URLs into a browser address bar, and you agree to do so. You agree that you will read the terms before using the software or services, including any linked terms. You understand that by using the software and services, you ratify this agreement and the linked terms. There are also informational links in this agreement. The links containing notices and binding terms are:

Windows Privacy Statement https://aka.ms/privacy
Microsoft Services Agreement https://aka.ms/msa

NO WARRANTY

THE SOFTWARE ON YOUR DEVICE (INCLUDING THE APPS) IS LICENSED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY YOUR LOCAL LAWS, YOU BEAR THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE. SHOULD IT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL SERVICING OR REPAIR. NEITHER THE DEVICE MANUFACTURER NOR MICROSOFT GIVES ANY EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS FOR THE SOFTWARE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, THE MANUFACTURER AND MICROSOFT EXCLUDE ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.

IF YOUR LOCAL LAWS IMPOSE A WARRANTY, GUARANTEE, OR CONDITION EVEN THOUGH THIS AGREEMENT DOES NOT, ITS TERM IS LIMITED TO 90 DAYS FROM WHEN THE FIRST USER ACQUIRES THE SOFTWARE. IF THE MANUFACTURER OR MICROSOFT BREACHES SUCH A WARRANTY, GUARANTEE, OR CONDITION, YOUR SOLE REMEDY, AT THE MANUFACTURER’S OR MICROSOFT’S ELECTION, IS (I) REPAIR OR REPLACEMENT OF THE SOFTWARE AT NO CHARGE, OR (II) RETURN OF THE SOFTWARE (OR AT ITS ELECTION THE DEVICE ON WHICH THE SOFTWARE WAS INSTALLED) FOR A REFUND OF THE AMOUNT PAID, IF ANY. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF A WARRANTY, GUARANTEE, OR CONDITION YOUR LOCAL LAWS IMPOSE.

TO THE EXTENT NOT PROHIBITED BY YOUR LOCAL LAWS, IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES, YOU CAN RECOVER FROM THE MANUFACTURER OR MICROSOFT ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE (OR UP TO $50 USD IF YOU ACQUIRED THE SOFTWARE FOR NO CHARGE). YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES OR REMEDY, INCLUDING LOST PROFITS AND DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES, UNDER ANY PART OF THIS AGREEMENT OR UNDER ANY THEORY. THIS LIMITATION APPLIES TO (I) ANYTHING RELATED TO THIS AGREEMENT, THE SOFTWARE (INCLUDING THE APPS), THE DEVICE, SERVICES, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE DATA, CONTENT (INCLUDING CODE) ON THIRD PARTY INTERNET SITES OR THIRD PARTY PROGRAMS, AND (II) CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT; VIOLATION OF A STATUTE OR REGULATION; UNJUST ENRICHMENT; OR UNDER ANY OTHER THEORY.

THE DAMAGE EXCLUSIONS AND REMEDY LIMITATIONS IN THIS AGREEMENT APPLY EVEN IF YOU HAVE NO REMEDY (THE SOFTWARE IS LICENSED “AS IS”), IF REPAIR, REPLACEMENT, OR A REFUND (IF REQUIRED BY YOUR LOCAL LAW) DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES, IF THE MANUFACTURER OR MICROSOFT KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES, OR IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Check with your device manufacturer to determine if your device is covered by a warranty.