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5.6.2 the Customer is in breach of this EULA;
5.6.3 the Customer fails to operate the Hardware properly or fails to follow the instructions or
recommendations of the Company as set out in the Documentation with respect to the
Embedded Software;
5.6.4 the Customer interferes with, modifies, or fails to secure the Embedded Software otherwise
than in accordance with the terms of this EULA;
6.
Training
Other than the supply of the Documentation included with the Embedded Software, no training is
provided by the Company unless otherwise agreed by the Customer and the Company.
7.
Limit of Liability
7.1
Subject to Clause 7.2 and 7.3, the Company's maximum aggregate liability in connection with this
EULA or the use of the Embedded Software will be limited to the lower of:
7.1.1 any applicable limitation of liability set out in the Commercial Terms; or
7.1.2 £100,000 or 100% of the price paid for the Hardware, whichever is lower.
7.2
Subject to Clause 7.3, the Company accepts no liability for any:
7.2.1 loss of business, loss of revenue, loss of profits, loss of goodwill, loss of use, loss of data or loss
of any economic liability; or
7.2.2 indirect or consequential losses, however caused, arising in connection with this EULA or the
use of the Embedded Software.
7.3
The Company makes no attempt to exclude liability relating to or arising from death or personal
injury caused by the Company's negligence or the negligence of any employee, agent or contractor of
the Company or liability for fraud or fraudulent misrepresentation, or for any other liability for which
it would be unlawful to exclude or limit liability.
8.
Disposal
The Customer undertakes that, upon the cessation of the use of the Hardware for whatever cause, or
upon termination of this EULA, it will promptly destroy all known copies of the Embedded Software on
any media other than the copy embedded in the Hardware and, if required by the Company, certify
that this has been done.
9.
Force Majeure
Neither party shall be liable for failure to perform its obligations under this EULA if such failure results
from circumstance beyond the party's control.
10. Termination
Either party shall have the right to terminate this EULA if the other party is in material or persistent
breach of this EULA and fails to rectify such breach within 30 days of receipt of notification thereof in
writing, from the injured party, or if a right to terminate the relevant Commercial Terms has arisen.
Termination shall not affect any other rights of the injured party.
11. Consequences of Termination
Upon termination of this EULA all rights and licences granted to the Customer under this EULA will
cease immediately.
12. Communications and Notices
12.1 All communications or notices that the Customer is required to provide to the Company under this
EULA shall be sent to the following address:
Traka – ASSA ABLOY
30 Stilebrook Road, Olney,
Milton Keynes, MK46 5EA, United Kingdom
or such other address of which the Company makes the Customer aware from time to time.
V5.2 19/10/21
UD0090
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