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2.The Portal and the Portal-Contents are provided "as is" and with all faults, without warranty of any kind, whether express or implied or statutory, including, but not limited to, the warranties of accuracy and freedom of defects, reliability or availability, merchantability or fitness for a particular purpose and title and noninfringement of third-party rights. The entire risk as to the use of this Portal is with you, and Avaloq will have no liability to you for any reason based on your use of this Portal.
3.Provision of Portal-Content "as is" further means, but without limitation, that Avaloq does not commit to provide any support or maintenance. Avaloq will pick up input of users of this Portal concerning errors, suggestions and the like, but without any commitment to act.
4.Avaloq does not commit to operate this Portal for an unlimited time or for some defined time ranges. Avaloq reserves the right to remove, change or amend the Portal and/or Portal-Contents at any time.
5.Any and all Portal-Contents are the property, including without limitation intellectual property, of Avaloq or its licensors, including without limitation copyrights.
(c) It is an immutable basic rule regarding any and all Portal-Contents that (i) you may use them only for the purpose to develop software which is designed to work with Avaloq Group's software products, either on your own or for your employer or principal, and that (ii) any other or further use of the Portal-Contents is prohibited.
9.Avaloq claims, for itself and for any and all entities of the Avaloq-Group the irrevocable right, and you agree to irrevocably grant the right, to unrestrictedly and fully use for any purpose and in any form whatever you upload to this Portal (including, without any limitation, information, software, concepts, ideas etcetera) without any duty to pay royalties or any other consideration, free of liens or conditions, without geographical or time-related or subject-matter or other constraints, where "use" comprises whatever can be granted to Avaloq to the maximum legal extent, provided however that Avaloq respects your patent rights and copyrights, if any.
10. You note and agree that Avaloq is fully and irrevocably free to develop, produce, acquire, license-in, license to third parties, market, promote and distribute through whatever channels and in whatever ways products, software and technology which (i) has or performs the same or similar functions or functionalities as any of your products, software and technologies, which you may develop, produce, acquire, license-in, license to third parties, market, promote or distribute, or which (ii) competes for any other reason, directly or indirectly, with your developments, software and technologies
13. Avaloq's liability for damages is excluded to the maximum extent permitted by law. Notwithstanding the generality of this exclusion, (a) in no event will Avaloq be liable for actual, direct, special, indirect, incidental, consequential or punitive damages, including without limitation loss of goodwill or business or software, computer or device failure or malfunction.
14. Termination of your use of this Portal. Avaloq may, in its sole discretion, terminate or limit your access to, or use of, the Portal or any Portal-Contents for any reason. Upon any such termination, your right to use the Portal and any Portal-Contents automatically terminates. If you have registered, Avaloq will inform you of any such termination by sending an email to the address you provided upon registration. You agree that Avaloq will not be liable to you or any third party for any termination or limitation of your access to, or use of, the Portal, any Portal-Contents or any of your content that you share on the Portal.
15. These Terms and all legal relations between you and Avaloq shall be governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Exclusive place of jurisdiction shall be Zurich/Switzerland.