Common use of Control and liability Clause in Contracts

Control and liability. Neither the LICENSER nor FRAMA control the Customer's computer hardware, software or the network services provided by the Customer for accessing the SERVICES. The performance of the computer or network or its inability to meet the requirements may adversely affect the Customer's connections to e-mail, the Internet or parts thereof as well as the transmission of data. FRAMA, the LICENSER and all e-communications: RMail partners therefore refuse to accept any liability resulting from or relating to such events. The service is provided "as is" and "with all its faults" and FRAMA, the LICENSER and all e-communications: RMail partners make no additional guarantees or assurances, whether express or implied, regarding the merchantability or suitability for a particular purpose or claims arising in the course of trading, usage or trading practice. FRAMA, the LICENSER and all e-communications: RMail partners provide the Software “as is” with all its faults, and hereby reject all guarantees and conditions, whether express, implied or statutory, including all implied guarantees or conditions without restriction. FRAMA, the LICENSER and all e-communications: RMail partners waive all liability and responsibility regarding merchantability, fitness for a particular purpose, the absence of viruses and negligence or a lack of expert handling. The same applies to the right of undisturbed use or non-infringement of rights. All risks arising out of the use or operation of the Software must be borne by you.