MAXIBIT TERMS AND CONDITIONS

Introduction

Please read the following Maxibit Terms and Conditions carefully before ordering/using any of the fine Maxibit Products, so that you are aware of your legal rights and obligations with respect to Maxibit Worldwide AB and its Partners, affiliates and resellers (individually and collectively, “Maxibit”). By purchasing Maxibit Products or downloading Maxibit software, you signify your irrevocable acceptance of these Maxibit Terms and Conditions. Maxibit Worldwide AB has the right to revise the Maxibit Terms and Conditions warranty at any time without providing notice to its users. Your continued use of the products shall be deemed irrevocable acceptance of those revisions. We reserve the right to change, modify, suspend or discontinue any portion of the products at any time. We may also impose limits on certain features or restrict your access to parts or an entire product line without notice or liability.

Terms and Conditions

1. The products are delivered Ex Works

2. All Maxibit Products need accurate attention in handling and transportation. All instructions and labels should be followed. You are responsible for all transport and use of the products

3. Should anything be missing or damaged in delivery, caused by transport handling, or missing/damaged caused by use, please notify your Maxi­bit supplier, and if considered necessary for assistance or service, return the product to where it was purchased with a copy of the purchase invoice, a description of the problem, return address and contact details

Warranties and Disclaimer

4. Maxibit warrants every new Maxibit Product to be free from manufacturer defects. Should anything be missing or defect in delivery, not caused by transport handling or use, please notify your Maxibit supplier immediately (latest within 10 days after received delivery), and if considered necessary, return the product to where it was purchased together with a copy of the purchase invoice, a description of the problem, return address and contact details

5. Your Maxibit supplier will repair or replace any manufacturer defect free of charge and Maxibit Worldwide AB will provide necessary Maxibit original replacement parts free of charge.

6. The Warranty does not extend to damage arising from transportation, wear and tear, misuse, abuse, improper installation or assembly, negli­gence, accidents, third party repairs or alterations, lack of maintenance, loss or theft. You should always take appropriate measures to make sure the goods is sufficiently protected and insured.

Except for what is expressly provided in 4–6 above, the products are provided “as is” and without implied warranties of any kind. Nor is Maxibit liable for any delays or direct or indirect damages that may be inflicted on the Partner as a consequence of Maxibit’s acts or omissions related to these Maxibit Terms and Conditions. Maxibit disclaims all implied warranties of suitability for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Maxibit does not warrant that the functions contained in the products will be uninterrupted or er­ror-free. Maxibit does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall Maxibit be liable for any special or consequential damages that result from the use of, or the inability to use, the products. Applicable law may not allow the limitation or exclusion of liability for incidental or conse­quential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from Maxibit shall create any warranty not expressly stated in the Maxibit Terms and Conditions. In no event shall Maxibit’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for purchasing any materials or products.

maxibit.com Web Terms

Maxibit Worldwide AB does not warrant that Maxibit software downloads or the server that makes it available are free of viruses or other harm­ful components. Please exercise respect when participating in any of Maxibit’s community features such as Extranet, Forums, Bulletin Boards, Submissions, Chat Rooms, Email functions, etc. You may not submit or publish through Maxibit any Materials that are libellous, defamatory, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would other­wise violate the rights of any third party. Please remember that we do not monitor the contents of these features and cannot be held responsible for user Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing user Materials. Not with standing any rights or obligations governed by the Web Terms, if, at any time you upload or post Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant Maxibit Worldwide AB a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the Materials in advertising, promotion and publicity for Maxibit, its products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Maxibit Web Terms and that you waive any so-called “moral rights” in and to the user Materials. Any Materials you provide to maxibit.com will not be treated as confidential and Maxibit shall not be liable for any further disclosure of such Materials.

For Notice of claims, Maxibit can be reached as presented on maxibit.com

Trademarks

The trademarks, logos and service marks displayed on this Site are the property of Maxibit or other third parties. You are not permitted to use the Trademarks without the prior written consent of Maxibit or such third party, which may own the Trademarks. Maxibit and the Maxibit logotype are trademarks of Maxibit Worldwide AB.

Governing Law

By accessing the maxibit.com Web Site, you and Maxibit agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law.

If you have any questions or concerns about these Terms and Conditions or any issues raised in these Terms and Conditions, in printed Maxibit material or on the Site, please contacts us at: info@Maxibit.com

Last revised March, 2005