General Terms and Conditions of BERYLL GROUP AG
CONTENTS
1 Scope
2 Conclusion of Contract
3 Contents of Software Contract for the Various BERYLL Versions
4 Case-by-Case Modifications to the BERYLL Subscription Agreement
5 Terms of Use for the Various BERYLL Versions
6 Contractual Penalty
7 Copyright
8 Liability and Warranty
9 Maintenance and Support Services BERYLL easy, peer, pearl or circle
10 Terms of Payment
11 Customer Guideline BERYLL Software
12 Data Protection and Data Security
13 Confidentiality Provisions
14 Closing Provisions
1. Scope
1.1
These General Terms and Conditions of BERYLL GROUP AG (GTC Beryll) apply to all services, installations, deliveries and products to be provided to the Customer by BERYLL GROUP AG, as well as to their use and payment, unless both parties expressly agree otherwise in writing.
These General Terms and Conditions of BERYLL GROUP AG also apply, in the valid version current at the time, for all future business, including any additional or change orders placed by the Customer after conclusion of the contract, even if the General Terms and Conditions are not specifically agreed to in each individual case. This also includes subsidiary projects and websites.
1.2
If desired, the Customer may obtain FileMaker GmbH products such as FileMaker Pro and FileMaker Server (basis software) through BERYLL GROUP AG; however, these products are subject to the terms of business and the contractual agreements of FileMaker GmbH.
1.3
In each case, the binding agreement with the Customer includes these General Terms and Conditions of BERYLL GROUP AG in the valid version current at the time, as well as a binding statement confirming the order of the services and products to be provided in each case.
These General Terms and Conditions of BERYLL GROUP AG (GTC Beryll) are, in the valid version current at the time, attached to the signed agreement together with a standard specification of the services and products to be provided in each case, including the terms of payment, and may also be accessed through the BERYLL GROUP AG website’s www.beryll.me
2. Conclusion of Contract
2.1
A contract between BERYLL GROUP AG and the Customer is concluded, once the order placed by the Customer is recorded in the specific order confirmation or subscription agreement and has been signed by both parties with reference to the General Terms and Conditions of BERYLL GROUP AG (GTC Beryll) in the valid version current at the time.
2.2
Should BERYLL GROUP AG, by way of exception, not explicitly accept the order in writing, by e-mail, fax or online, but rather by delivery to the address provided by the Customer or by providing the actual services or products (for instance, by setting up internet access for the Customer, or by providing the Customer with a user login and password or an unlock code), the contractual relationship takes effect upon provision of the services or products and the General Terms and Conditions of BERYLL GROUP AG in the valid version current at the time shall be deemed accepted by the Customer.
3. Contents of Software Contract for Each BERYLL Version (easy, peer, pearl and circle)
3.1 General Contents
BERYLL GROUP AG provides the Customer with a non-exclusive BERYLL program version - the version current at the time of conclusion of the contract – in software form for use by the Customer (software license). The program version will be installed either locally on a Customer server (circle), by downloading through a Customer computer (easy) or through installation on a local computer (peer), or externally on a BERYLL server (pearl). In the case of both BERYLL pearl and peer and BERYLL circle the program version can be used with the help of FileMaker Pro basis software. The minimal version of FileMaker Pro required in each case is indicated in the “system requirements” box on the product packaging or on the website.
Unless both parties expressly agree otherwise, the Customer, upon conclusion of the contract, receives access authorization for 2 users, which may be installed on one computer each. Additional user authorizations (for a maximum of 250 users per program version) may be purchased at any time and can be activated within 24 hours. An increase in the number of users entails a corresponding adjustment of the license fee, which the Customer shall be notified of in a written quote prior to activation. For information about prices, please refer to the current BERYLL GROUP AG pricelist on the BERYLL GROUP AG website through the HYPERLINK www.beryll.me
The basis software FileMaker Pro is expressly excluded from the BERYLL license and therefore not included in the license fee. This basis software may, however, be obtained by the Customer through BERYLL GROUP AG. Information about current fees may be obtained from FileMaker GmbH or, upon request, may be submitted to the Customer in a separate quote.
Likewise excluded from the BERYLL license and therefore not included in the license fee are individual modifications to the non-exclusive BERYLL program version in the valid version current at the time of conclusion of the contract. Individual modifications are described in detail in section 4 of these General Terms and Conditions.
3.2 Contents of BERYLL easy Software Contract
The Customer shall perform a one-time installation of the BERYLL easy program version by downloading from the internet or by installing the software from a data storage device onto a Customer computer. During a trial period the Customer may try out the software up to 30 times. When choosing to purchase the software, the Customer may confirm this by clicking on the corresponding option and paying for the program version by credit card or per invoice. Once payment has been received by BERYLL GROUP AG, the Customer will be provided with an unlock code by email. Once unlocked, the Customer is free to use this program version without any time limits. Data entered during the trial period are retained.
Customer support for the BERYLL easy program version is available through a support forum on the internet. Smaller updates of the program version may be downloaded free of charge, whereas larger updates are subject to a charge. The Customer is provided with the terms of the contract in electronic form only.
3.3 Contents of BERYLL peer Software Contract
The BERYLL peer program version is installed by BERYLL GROUP AG at the Customer’s expense. One device will be designated as quasi server and configured in such a way as to allow additional network users access to BERYLL peer within the local network. The Customer is aware that more than three network users accessing BERYLL peer at the same time may slow down the network considerably. The Customer is free to use the program version without any time limits. Program updates or new versions may be acquired against a fee; paragraph 9 below shall remain reserved.
The Customer is responsible for servicing and ensuring the proper functioning of the Customer’s local network and, consequently, also responsible for ensuring the proper functioning of the installed BERYLL peer version. In addition, the Customer is responsible for regularly creating backups.
The Customer also has the option to conclude a service contract (pursuant to paragraph 9 below).
BERYLL GROUP AG can arrange for the purchase of other hardware and software in addition to BERYLL peer, in which case the license terms of those products shall be applicable as well.
3.4 Contents of BERYLL pearl Software Contract
With the BERYLL pearl program version, 10 GB of storage space are made available for use by the Customer on a server externally operated by BERYLL GROUP AG, with the Customer leasing the storage or server space from BERYLL GROUP AG based on a server subscription. The subscription fee will be charged annually.
Should the Customer need additional storage space, blocks of 10 GB each can be made accessible. An increase in storage space entails a corresponding adjustment of the subscription fee for leasing the server space, which the Customer shall be notified of in a written quote prior to activation. Fees will be prorated based on the remaining annual term of the subscription agreement and are due upon activation. For information about prices, please refer to the current BERYLL GROUP AG pricelist on the BERYLL GROUP AG website through the HYPERLINK www.beryll.me
Included in the subscription is a maintenance update performed by BERYLL GROUP AG once per calendar year. In addition, the Customer has the option to conclude a service contract (pursuant to paragraph 9 below)
The BERYLL GROUP AG external server will create automatic nighttime backups every 24 hours on two separately located devices. During this time the program may be running slow or lagging in its response. The Customer is aware that this is due to technical reasons and accepts this technical deceleration.
3.5 Contents of BERYLL circle Software Contract
The BERYLL circle program version is installed by BERYLL GROUP AG on the Customer’s local server against a charge. The Customer is free to use the program version without any time limits. Program updates or new versions may be acquired against a fee; paragraph 9 below shall remain reserved.
The Customer is responsible for servicing and ensuring the proper functioning of the Customer’s local network and, consequently, also responsible for ensuring the proper functioning of the installed BERYLL circle version. In addition, the Customer is responsible for regularly creating backups.
The Customer also has the option to conclude a service contract (pursuant to paragraph 9 below).
3.6 Term and Termination of BERYLL pearl Server Subscriptions
The subscription term runs for 12 months from the time of conclusion of contract and is automatically extended for another 12-month term, unless the subscription is cancelled in written form 3 months prior to the expiry of the term.
Should the Customer cancel the subscription, Customer may request a free backup file, which is saved as BERYLL-BACKUP.bsf. This backup file may be accessed only by programs from the BERYLL series and may likewise only be imported into programs from the BERYLL series. The Customer is not entitled to a backup file that may be read by or imported into other programs. Should the Customer want Customer data to be provided in a different format, the feasibility of this shall be discussed with the contractor. The provision of data in a different format is subject to a charge. The Customer shall be notified of the additional fees by means of a written quote. For information about prices, please refer to the current BERYLL GROUP AG pricelist on the BERYLL GROUP AG website through the HYPERLINK www.beryll.me
4. Case-by-Case Modifications to BERYLL (peer, pearl and circle)
Both the BERYLL peer and pearl program versions, as well as the BERYLL circle program version allow for user-specific modifications.
Each modification is based on clear prior specifications that are worked out by the Customer in consultation with BERYLL GROUP AG and put down in writing. BERYLL GROUP AG shall quote each modification to the Customer. For this purpose the Customer will provide BERYLL GROUP AG with the exact outlines and BERYLL GROUP AG will create a record of the modifications requested by the Customer.
Once the Customer opts for modifications to a BERYLL program version, a service contract between the Customer and BERYLL GROUP AG will become effective pursuant to paragraph 9 below.
Approximately once a year, BERYLL GROUP AG will reconcile larger updates of the program versions with the modifications that were requested by the Customer and implemented accordingly.
In the case of BERYLL pearl Customers, maintenance updates pursuant to paragraph 3, section 4, above, are installed free of charge. Both BERYLL circle and BERYLL peer Customers are charged separately for the update and the installation of updates, unless the Customer has concluded a service contract pursuant to paragraph 9 below.
5. Terms of Use for BERYLL versions (easy, peer, pearl and circle)
5.1 General Terms of Use
Rather than selling it to the Customer, BERYLL GROUP AG provides the Customer with the BERYLL program ("software") for licensee use only. Its use is restricted in accordance with the provisions of these General Terms and Conditions of BERYLL GROUP AG (GTC Beryll), as well as in accordance with any additional contractual agreements that may exist. In addition, BERYLL GROUP AG reserves all rights not expressly granted to the Customer. For the entire period of use, BERYLL GROUP AG retains ownership of the software and of all copies of the software.
5.2 Terms of Use for BERYLL Software
The Customer is entitled to use the software on the BERYLL GROUP AG external server, on the Customer’s own local server or on a computer. The Customer has the right to allow serveral individuals access to the software, with the number of users complying to the subject terms of contract pursuant to paragraph 3 above.
The Customer is entitled to create a backup copy of the software in machine-readable form. This copy is, however, subject to the same provisions as the original software pursuant to paragraph 5, section 3, below.
The Customer is entitled to transfer this software and all rights derived from its use together with a copy of this contract to a third party, provided the Customer gives BERYLL GROUP AG advance notice in writing of the transfer and the third party expressly agrees to comply with the provisions of the contract, as well as with the General Terms and Conditions of BERYLL GROUP AG (GTC Beryll).
5.3 Limitations on Rights of Use
Without the prior written consent of BERYLL GROUP AG, the following uses of the software in particular are prohibited:
The Customer may not sell or distribute to others the original software or copies of it. The software contains proprietary data and, in order for this information to be protected, the Customer may not decompile or disassemble the software or render it human-readable in any other form. The provision in paragraph 21 of the Swiss Federal Act on Copyright and Related Rights (URG) shall remain reserved. In particular, the Customer may not modify BERYLL versions. Under no circumstances may the Customer lease, lend, resell or distribute BERYLL versions. The software is subject to copyright law and contains proprietary data. Copyright, trademark and other proprietary notices included with the software may not be moved or removed altogether.
Non-compliance with any one of these restrictions will incur a contractual penalty pursuant to paragraph 6 below.
5.4 Termination of Rights of Use
As a general rule, the rights of use of BERYLL software apply until termination of the particular type of contract (pursuant to paragraph 3 above). However, should the Customer violate any provision of the terms of use, these rights of use terminate immediately and without the need for BERYLL GROUP AG to give notice. Upon termination of the rights of use the Customer shall destroy the software as well as all copies of it. The Customer may also terminate use at any time by destroying the software, including all copies of it, and giving BERYLL GROUP AG notice to that effect in writing.
6. Contractual Penalty
Should the Customer violate the restrictions specified in paragraph 5 above, Customer shall owe BERYLL GROUP AG ten times the amount of a one-time license fee for each violation in compensation. A contractual penalty does not, however, relieve the Customer of his or her contractual obligations or possible additional compensation payments.
7. Copyright
The Customer obtains a license to use BERYLL software; all proprietary rights to the software and to any additional inventions or developments remain exclusively with BERYLL GROUP AG. Likewise, all improvements, additions or modifications made to the software during the term of the contract remain proprietary to BERYLL GROUP AG. The exclusive, unrestricted rights of use and exploitation, without any limitation as to time and place, to the BERYLL program remain with BERYLL GROUP AG. Not affected by this are the rights of the software development company Filemaker GmbH and particularly the rights to the basis software FileMaker-Pro; if desired, the Customer is free to negotiate directly with the provider.
8. Liability and Warranty
8.1 Liability
BERYLL GROUP AG is not liable for damage, when it is demonstrably apparent that defects and malfunctions, as well as loss of data, were caused by the Customer’s improper use of the BERYLL program or disregard of the operation recommendations specified in paragraph 11 below (customer guideline). BERYLL GROUP AG is likewise not liable when, for reasons beyond its control, it is prevented from fulfilling its contractual obligations in a timely and proper manner.
As a general rule, BERYLL GROUP AG is liable for data loss or damage to the program only in the demonstrable event of intent or gross negligence on its part. The limitation of liability applies equally for damage caused by intent or gross negligence on the part of employees or representatives of the contractor.
To the extent permitted by applicable law, BERYLL GROUP AG is liable only for intent and gross negligence on its part. If at fault, liability for direct damage, including claims based on non-fulfillment, default or negligence, shall be limited, to the extent permitted by applicable law, to a maximum of twice the annual license fee per claim.
To the extent permitted by applicable law, BERYLL GROUP AG does not assume liability for itself or its employees or contractors in the event of indirect or consequential damages resulting from the use of BERYLL programs and the outcome thereof, such as loss of profit, other losses or unrealized savings, additional expenses based on reduced operation or failure or claims against third parties.
8.2 Warranty
8.2.1 Legal Guarantees
BERYLL GROUP AG affirms that it holds all relevant property rights, in particular the copyright, of the BERYLL program, as well as the pertinent rights of use and distribution, and that no third party rights to them exist and it is not aware of any third party rights to them.
8.2.2 Product Guarantees (easy, peer, pearl and circle)
BERYLL GROUP AG warrants that the BERYLL program is delivered without defects or errors that nullify or impair its serviceability and fitness for the agreed-upon and ordinary use. The Customer is aware that, based on the state of technology, it is impossible to provide an absolutely flawless program, and the Customer accepts this.
(BERYLL pearl)
BERYLL GROUP AG guarantees availability of the external server to the Customer, as well as the internet connection from the external server to the internet backbone up to 94%. Access to the internet and corresponding connections are controlled exclusively by the Customer.
The Customer has access to the external server and to the server space rented by the Customer for 23 hours a day on 360 days of the year. BERYLL GROUP AG guarantees 100% data safety of any Customer data stored on the external server, as BERYLL GROUP AG stores all data and information with which it has been entrusted in a form that is neutral for any third party.
(BERYLL easy, peer, pearl und circle)
The use of BERYLL software shall be at the sole risk of the Customer. Apart from that the Customer is aware that, for technical reasons, it is impossible to deliver flawless software in each and every case. In particular, BERYLL GROUP AG does not make any compatibility promises. BERYLL GROUP AG guarantees that for a period of 90 (ninety) days from the time of installation the software will function essentially according to the specifications provided.
This warranty does not apply if failure of the software is due to improper use, abuse or misapplication. Neither the manufacturer nor its vendors are liable for any damages sustained in connection with BERYLL software. In any event, BERYLL GROUP AG’s liability is limited to the amount, which the Customer actually paid for the product. This does not apply to damage caused intentionally or through gross negligence by the user. In this case BERYLL GROUP AG assumes no liability whatsoever. On no account is BERYLL GROUP AG liable for atypical and unforeseeable consequential damages.
Any alterations made by the Customer to the files provided by BERYLL GROUP AG, such as program files, program names, scripts, fields, etc., automatically result in the immediate termination of any right to warranty or liability for defects. Any troubleshooting, repair work to the data structure or modifications performed by BERYLL GROUP AG shall be invoiced at cost.
9. Maintenance and Support Services / Service Contract
9.1 General Services (pearl)
The BERYLL pearl program version includes maintenance updates, which BERYLL GROUP AG will install (about once a year) on the external server free of charge to the Customer. During the time of installation the Customer will not have access to the external server. Installation of the updates usually takes 4 to 6 hours, however, no longer than 12 hours.
BERYLL GROUP AG shall notify the Customer by email at least 24 hours in advance about a planned server maintenance or update installation. Unless the Customer objects in writing or by email, BERYLL GROUP AG will log into the Customer account and perform the maintenance work.
Should a need for maintenance or support services arise based on demonstrable misuse by the Customer, such services will be subject to itemized charges, which shall be submitted to the Customer in the form of a separate quote.
9.2 Service Contract
Upon implementation of case-by-case modifications pursuant to paragraph 4 of these GTC a service contract between the Customer and BERYLL GROUP AG becomes effective. In the case of BERYLL circle and BERYLL peer program versions, the Customer also has to option to conclude a service contract. The fee for such a service contract amounts to 20% of the license or subscription fee as an annual charge.
The service contract includes the following services:
- at least one service update with bug fixes within the version number
- telephone support through a dedicated phone line made available to the Customer
- backup and maintenance of a version tailored to Customer’s needs
- guarantee of updatability of modified, customized versions
10. Payment and Billing
10.1 Prices/ Currency
Unless an invoice or quote specifies a different currency, all prices are in Swiss Francs (CHF) and exclusive of VAT (Mehrwertsteuer, MWST). As a general rule, all offers/quotes submitted by BERYLL GROUP AG are without obligation, unless otherwise agreed. All quoted prices remain valid for orders placed within 4 (four) weeks. After that, prices will be subject to change.
Unless otherwise agreed, payment of BERYLL GROUP AG invoice amounts is due without discounts within 20 days of the invoice date and payable to a bank or Swiss postal account specified by BERYLL GROUP AG. In the absence of communication by the Customer an invoice shall be deemed accepted, once this term of payment is expired.
In the event of delayed payment by the Customer, BERYLL GROUP AG shall be entitled to claim late payment interest at a rate of 5% p.a. Claims for further damage caused by delay in payment shall remain reserved.
In the event of delayed payment, BERYLL GROUP AG shall be entitled to retain any additional products and services until receipt of payment.
The Customer shall not apply offset or claim any right of retention, unless Customer’s counterclaim is undisputed or has been validated.
10.2 Payment of BERYLL pearl Server Subscription
Charges for a subscription are invoiced for 1 year (12 months) and payable immediately. For information about prices, please refer to the current BERYLL GROUP AG pricelist on the BERYLL GROUP AG website through the HYPERLINK www.beryll.me Prices may also be submitted to the Customer in the form of a separate quote.
10.3 Payment of BERYLL peer, pearl and circle Service Contracts
Charges for a subscription are invoiced for 1 year (12 months) and payable immediately upon installation and acceptance by the Customer. For information about prices, please refer to the current BERYLL GROUP AG pricelist on the BERYLL GROUP AG website through the HYPERLINK www.beryll.me . Prices may also be submitted to the Customer in the form of a separate quote.
11. BERYLL Customer Guideline (easy, peer, pearl and circle)
To ensure proper operation of the program, the Customer shall comply with the following provisions:
11.1 Data Security (easy, peer, pearl and circle)
In order to guarantee maximum possible data security, the Customer is obligated to password-protect the Customer’s computers and data processors and to make use of the graded user access of the operating system. As a rule, BERYLL GROUP AG does not install any BERYLL program version on an unprotected computer system.
11.2 Data Backups (easy, peer and circle)
BERYLL software writes backups in a specifically designated file (BERYLL_BACKUP.bsf). Under no circumstances shall the Customer rename or otherwise manipulate this file. The backup process should also under no circumstances be interrupted. Should the Customer additionally want to store the backup files on another data storage device, Customer may do so in folders / directories to be named at Customer’s own discretion.
11.3 Internet Connectivity Requirement (peer, pearl and circle)
The Customer is required to have a DSL connection with a minimum bandwidth of 3Mbit/s. The Customer should by all means avoid using a connection with a lower bandwidth or an unstable connection, as this may result in irreparable damage to the databank for which BERYLL GROUP AG is on no account liable.
11.4 Importing Images and Data (easy, peer, pearl and circle)
Importing images or large quantities of data may take several hours. The import process should under no circumstances be interrupted or aborted, as this may result in irreparable damage to the databank.
BERYLL (pearl und circle)
For this reason the Customer should, as a rule, upload images or large data quantities only in several small data packets. If splitting up the image or data into individual data packets is impossible, for instance when binary saving a film, the Customer should choose, if at all possible, a data window when the amount of data traffic is limited (for instance, during the night or early in the morning).
11.5 Multitasking (pearl)
When working with BERYLL pearl, the Customer must ensure that other programs are closed. Under no circumstances should the Customer run programs such as Skype, iTunes or other connection-intensive programs, while working with BERYLL pearl programs.
11.6 Delayed Program Reaction (pearl)
While working with BERYLL pearl, delays in the performance of functions may occur. This depends on the one hand on the bandwidth of the internet connection used by the Customer and on the other on the stability of the Customer’s DSL access. In such a situation it is essential to avoid hitting buttons several times in a row, as this may result in a program crash or irreparable damage to the database.
11.7 System Failure (easy, peer, pearl and circle)
In the event that the Customer is no longer able to start BERYLL or if error messages appear, the Customer shall immediately contact BERYLL GROUP AG support. In particular, the Customer must ensure in this event that there will be no more attempts on the Customer’s part to start the program. The Customer shall make a note of the error message and, if possible, make a screenshot of the error message.
12. Data Protection and Data Security (easy, peer, pearl and circle)
BERYLL GROUP AG is aware that data, which the Customer has made accessible or provided to it for the purpose of fulfilling its contractual obligations, may be subject to Swiss federal or cantonal data protection regulations. BERYLL GROUP AG will therefore take the appropriate organizational and technical measures required by law to protect data, and it will ensure that employees and ancillary staff who receive access to such data in order to perform the services agreed upon are informed about their obligations to protect data.
In the context of the business relationship with the Customer the need for BERYLL GROUP AG to process and, if necessary, disseminate personal data in accordance with data protection regulations is inevitable. Unless otherwise agreed, the Customer shall allow BERYLL GROUP AG to process and disseminate such data within its group of companies, as well as in conjunction with partners at home and abroad who are involved in fulfilling its contractual obligations.
13. Confidentiality Statement
BERYLL GROUP AG shall not disclose and especially not make accessible to third parties or otherwise use any Customer-provided information, records and data needed to fulfill its contractual obligations, which are designated as confidential and are not publicly accessible in any other way (professional secrecy).
This obligation of confidentiality does not extend to data, information and records that were already known prior to being communicated or made accessible to the contractor by the Customer or that were acquired by third parties who did not, directly or indirectly, submit a confidentiality statement to the Customer, or that are made publicly accessible through no fault of BERYLL GROUP AG.
BERYLL GROUP AG shall impose in writing the same obligation of confidentiality pursuant to this provision on its employees, agents and subcontractors in accordance with legal guidelines, extending even beyond termination of the employment or contractual relationship.
Upon termination of the contract BERYLL GROUP AG shall return to the Customer by the agreed date any Customer-provided data, items and records, including in the form of copies or electronic storage devices, needed to fulfill its contractual obligations.
14. Closing Provisions
14.1 Applicable Law
The legal relationship between BERYLL GROUP AG and the Customer shall be subject to Swiss law exclusively.
14.2 Place of Jurisdiction
The sole place of jurisdiction for any possible disputes arising from the legal relationship between BERYLL GROUP AG and the Customer is the place of business of BERYLL GROUP AG. BERYLL GROUP AG, however, may arraign the Customer at the Customer’s place of residence or business or at any other place as well.
14.3 Severability Clause
Should any provision or provisions that are part of these General Terms and Conditions be found invalid or unenforceable, the validity of the remaining provisions shall remain unaffected by this. In this case the parties to the contract shall substitute the invalid provision with one that comes as close as possible to the intended business purpose of the original provision.
14.4 Entirety Clause
These GTC Beryll, together with the separate contract or written quote agreed upon by the Customer, encompass the entire relevant agreement between the parties regarding the subject matter of the contract. Should individual contract provisions differ from the applicable and binding GTC Beryll, the individual contract provisions shall supersede the GTC Beryll.
14.5 Amendments to the General Terms and Conditions
BERYLL GROUP AG reserves the right to amend these General Terms and Conditions at any time. Amendments or additions shall be made in writing only and the Customer shall be notified of them by mail or in another appropriate manner. Unless objection is raised by the Customer within one month, the amendments or additions shall be deemed accepted by the Customer.
Updated July 2009
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