INSTRUCTIONS FOR USE OF DEVICES
OPTION INSTRUCTIONS FOR USE OF DEVICES AGREEMENT
A Device in this Agreement is a piece of hardware with possibly embedded software.
A Device is produced by Option and/or sold (or leased) by Option.
OPTION is a brand of Crescent NV and all OPTION related activities are part of Crescent NV.
These Instructions for Use of Devices are an Agreement between Crescent NV, Gaston Geenslaan 14, 3001 Heverlee (Belgium) and you (End User).
Please read them. They apply to all OPTION Devices.
By using a Device, the End User accepts all the terms of the entire agreement. If you as End User do not accept them, do not use the Device.
If the End User complies with the terms of this Agreement, End User will have the rights below:
- INSTALLATION AND USE RIGHTS.
End User may install (when applicable) and use the Device.
End User may use the Device only as expressly permitted in this Agreement.
- SUPPORT SERVICES.
Because this Device is “as is,” we may not provide support services for it.
- ENTIRE AGREEMENT.
This Agreement is the entire Agreement for Devices
- APPLICABLE LAW.
The Belgian laws and the courts of Brussels will apply.
- DISCLAIMER OF WARRANTY.
The Device is sold (or leased) “as-is.” End User bears the risk of using it. OPTION gives no express warranties, guarantees or conditions. OPTION excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- LIMITATION OF LIABILITY.
The liability for everything that is covered by this Agreement is governed by the terms and conditions of this Agreement.
Whatever the cause, form or subject of the liability claim or whether the reasons for it are contractual or non-contractual, the liability of OPTION is limited to a maximum amount of €5.000,00 (five thousand euros). This limitation of liability of maximum € 5.000,00 applies per End User, regardless of the number of devices that the End User uses.
Under no circumstance will OPTION be liable, either towards the End User, or indirectly towards third parties, for damages that are not the direct, or immediate consequence of the failure to meet its obligations, even if Parties have been informed in advance of the possibility of such damage, losses or claims. Consequently, the following will be excluded from compensation: any financial or commercial damage, such as loss of earnings, increase in overheads, disruption of schedule, loss of use of or loss of or damage to data, work stoppage, computer failure or malfunction, loss of clients or savings, loss of good-will, cost of procurement of substitute goods or services, third-party claims, etc.
In case the Device is used for safety and/or security purposes, It is the sole responsibility of the End-User to configure the Device (and the possibly accompanying software) according to the safety and/or security regulations and laws of the country where the Device and the software are used for safety and/or security purposes.
End-User must test the Device and the software extensively in all situations and all use cases and configure the Device (and the software) for safe use before going in production with the final configuration of the software and the Device.
The End-User is responsible for informing all persons that need to know about the instructions of use and about the limitations of the Device and the software for use in safety and/or security purposes.
End User will have to take out, continue and pay insurance that covers the financial consequences of its civil (contractual and extra-contractual), professional and operational liability for bodily harm and material and immaterial damage.
End-User may not assign this Agreement or any rights or obligations hereunder, by either operation of law or otherwise, without the prior written consent of the Company.
8.2. Notices. All notices, consent forms and other communications that must be or may be sent between the Parties under this Agreement shall be in writing. Notices shall be deemed effective upon receipt.
Should part of this Agreement be declared invalid, then this shall not affect the validity of this Agreement as a whole. On the contrary, Parties or, in case of litigation, the court settling the dispute, shall attempt in good faith to substitute the invalid part with a valid part which would make it possible for Parties to achieve the objectives pursued.
8.4. Force Majeure.
Neither party shall be liable to the other for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control, such as fire, flood, pandemic, war, embargo, strike, riot, terrorism, or the intervention of any governmental authority (a “Force Majeure”).
The headings of this Agreement, along with its Annexes when applicable, are for convenience only, and shall not in any way limit or affect the meaning or interpretation of any terms hereof.
No failure or delay by Option in exercising any right under this Agreement will constitute a waiver of that right. If either Party should waive any breach of any provision of this Agreement, it shall not thereby be deemed to have waived any preceding or succeeding breach of the same or any other provision of this Agreement.