License Terms - Revision history

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Replaced content with "General Terms and License Terms can be found on our website https://www.ocad.com/en/terms/."

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	<big><big>2. License Terms</big></big>		<big><big>2. License Terms</big></big>
	Last Update: March 1 2018. This version replaces all previous versions.		<p>''Last Update: March 1 2018. This version replaces all previous versions.''</p>
	OCAD INC. (HEREINAFTER ALSO REFERRED TO AS THE "LICENSOR") LICENSES THE EN-CLOSED OCAD SOFTWARE TO YOU (THE USER/LICENSEE) EXCLUSIVELY ON THE BASIS OF THE SOFTWARE LICENSE TERMS OUTLINED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO INSTALL OR USE THE OCAD SOFTWARE. THE OCAD SOFTWARE IS NOT SOLD, BUT ONLY LICENSED FOR UTILIZATION PURPOSES.		<p>OCAD INC. (HEREINAFTER ALSO REFERRED TO AS THE "LICENSOR") LICENSES THE EN-CLOSED OCAD SOFTWARE TO YOU (THE USER/LICENSEE) EXCLUSIVELY ON THE BASIS OF THE SOFTWARE LICENSE TERMS OUTLINED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO INSTALL OR USE THE OCAD SOFTWARE. THE OCAD SOFTWARE IS NOT SOLD, BUT ONLY LICENSED FOR UTILIZATION PURPOSES.<br>
	AS FAR AS OCAD SOFTWARE IS USED AS A TEST VERSION YOU ARE ENTITLED TO TEST THE SOFTWARE FOR A MAXIMUM PERIOD OF 21 DAYS. A REINSTALLATION OR USE OF THE TEST VERSION AFTER EXPIRATION OF THE TEST PERIOD IS NOT ADMITTED.		AS FAR AS OCAD SOFTWARE IS USED AS A TEST VERSION YOU ARE ENTITLED TO TEST THE SOFTWARE FOR A MAXIMUM PERIOD OF 21 DAYS. A REINSTALLATION OR USE OF THE TEST VERSION AFTER EXPIRATION OF THE TEST PERIOD IS NOT ADMITTED.</p>
	The OCAD software can cause the licensee's computer to automatically connect to the Internet. The OCAD software may also have to be activated or registered. Additional in-formation on activation, Internet access and data protection can be found in more detail in later chapters.		<p>The OCAD software can cause the licensee's computer to automatically connect to the Internet. The OCAD software may also have to be activated or registered. Additional in-formation on activation, Internet access and data protection can be found in more detail in later chapters.</p>
	<big>2.1 Definitions</big>		<big>2.1 Definitions</big>
	<p>'''2.1.1''' "OCAD" stands for the company OCAD Inc. under the law of a Swiss corporation with its headquarters at Mühlegasse 36, 6340 Baar, Switzerland.</p>		<p>'''2.1.1''' "OCAD" stands for the company OCAD Inc. under the law of a Swiss corporation with its headquarters at Mühlegasse 36, 6340 Baar, Switzerland.</p>

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MergeUser at 09:23, 5 April 2018

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KLH at 15:16, 8 May 2012

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	~~<big>'''License Terms'''</big>~~

	OCAD AG (hereinafter also referred to as the "Licensor") licenses the enclosed OCAD® software to you (the user/Licensee) exclusively on the basis of the software license terms outlined below. If you do not agree to these terms, you are not permitted to install or use the OCAD® software. The OCAD® software is not sold, but only licensed for utilization purposes.		OCAD AG (hereinafter also referred to as the "Licensor") licenses the enclosed OCAD® software to you (the user/Licensee) exclusively on the basis of the software license terms outlined below. If you do not agree to these terms, you are not permitted to install or use the OCAD® software. The OCAD® software is not sold, but only licensed for utilization purposes.

KLH: Created page with "'''License Terms''' OCAD AG (hereinafter also referred to as the "Licensor") licenses the enclosed OCAD® software to you (the user/Licensee) exclusively on the ba..."

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Created page with "<big>'''License Terms'''</big> OCAD AG (hereinafter also referred to as the "Licensor") licenses the enclosed OCAD® software to you (the user/Licensee) exclusively on the ba..."

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<big>'''License Terms'''</big>

OCAD AG (hereinafter also referred to as the "Licensor") licenses the enclosed OCAD® software to you (the user/Licensee) exclusively on the basis of the software license terms outlined below. If you do not agree to these terms, you are not permitted to install or use the OCAD® software. The OCAD® software is not sold, but only licensed for utilization purposes.

<big>'''1. Granting of a License'''</big>

1.1 You (a company or natural person), hereinafter also referred to as "Licensee", are entitled to use the software according to the number of purchased licenses (the number/type of the purchased licenses is specified in the invoice/license certificate, or an electronic confirmation you receive from OCAD AG or one of its authorized resellers) if and to the extent that you comply with the following terms. Moreover, you are entitled to make one (1) backup copy of the software, which must be marked as such.

1.2 The purchase of one license entitles a user (primary user) to install and use the software on one data processing unit, which may be a workstation or a laptop.

1.3 Moreover, the primary user is entitled to install and use the software on a second computer, if and insofar as this second computer is being used exclusively by the primary user.

1.4 A software copy is in use or deemed to be in use on a computer if the copy is loaded into the temporary memory (e.g., working memory, RAM) or installed on a permanent storage medium (hard disk, CD-ROM, DVD-ROM, or another permanent storage medium).

1.5 A single license may only be installed on a data processing unit that is not used as server.

1.6 Leasing or commercial resale of the software is not permitted.

1.7 The documentation may only be used within the scope of the normal contractual use of the software.

1.8. You are not permitted to transfer or sell your software license key without the approval of OCAD AG. However, you are entitled to transfer the software (including all predecessor versions) permanently if you transfer all documentation and media, do not retain any copies, and make sure that this license agreement is applied. OCAD AG shall be informed by e-mail about the permanent transfer, specifying the recipient.

1.9 The software or parts of the software may not be copied, modified, compiled, de-compiled, or integrated in other programs without the express approval of OCAD AG.

1.10 To use a product designated as an upgrade or update, the Licensee must be the holder of a full license for the product that OCAD AG designates as eligible for upgrade and update. After executing the upgrade or update, the Licensee is no longer entitled to use the product that constituted the basis for the upgrade or update eligibility (including the license) or transfer it to a third party.

<big>'''2. Term of the License'''</big>

2.1 The license is granted for an unlimited term.

2.2 If the Licensee violates a provision of this agreement, the license will automatically expire without notice of termination. In the event of termination, the Licensee shall destroy the software and all copies of the software.

2.3 The Licensee may terminate the license agreement at all times by destroying the software and all copies.

<big>'''3. Exclusion of liability'''</big>

3.1 The Licensee bears the risk associated with its utilization when deploying the software. OCAD AG and/or its resellers do not make any representations regarding the suitability, reliability, availability, accessibility, and accuracy of the OCAD software and related information, products, and services. The OCAD software and related information, products, and services are made available "as seen" without any warranty of any type. To the extent legally permitted, OCAD AG and/or its resellers exclude all warranties and guarantees in this connection.
In particular, OCAD AG does not warrant or guarantee that
a) the data you enter in OCAD will be stored correctly and be accessible at all times;
b) errors and defects will be eliminated by OCAD.

In no case shall OCAD AG and/or resellers be held liable for
(a) any direct, indirect, incidental, or consequential damages or punitive compensation of damages,
(b) any other damages of any kind, including, but not limited to, damages from loss of use, lost data, or lost profits, which may be incurred from, or be related in any way to, the use or the services of OCAD, the delay or inability to use OCAD, the provision of services or the fact that no services have been rendered, or for damages from information, software, IT hardware, products, or services that became accessible through OCAD, or for damages incurred otherwise through the use of OCAD®, no matter whether this is based on the contract, offense, negligence, or another legal reason, even if OCAD AG and/or its resellers had been informed of the possibility of such damages. In particular, the liability for slight and gross negligence of auxiliary staff is excluded.

3.2 If you are not satisfied with, or do not agree to any part of the OCAD® terms of use or any provisions thereof, your only option is to stop using OCAD.

3.3 You alone are responsible for the quality, reliability, and correctness of the data you enter. OCAD may only be used to enter data that you are authorized to enter. A review of the contents is unacceptable for the Licensor and is therefore rejected.

3.4 The maximum amount of any reimbursements and damage compensations claims in the event of a court case is limited to the purchase price of the respective license.

3.5 Should the data you enter result in direct or indirect damage to OCAD® and/or its service partners, you undertake to pay for the incurred damage.

<big>'''4. Copyright'''</big>

4.1 The software enclosed with these license terms, including all components, especially the Java applets, Flash applets, and the documentation, are property of OCAD AG and are protected by national and international copyrights and other intellectual property rights. OCAD AG in Baar, Switzerland, is entitled to the rights resulting from the copyright.

In the event that there are any other license terms governing the use of the software, these shall be stated in a separate written software agreement that must be signed by OCAD AG or an authorized third party. These shall also constitute part of the agreement.

4.2 The software contains copyrighted material and operational secrets that the Licensee undertakes to protect.

4.3 The original software, as well as parts thereof, and the individual modules of the software shall not be transferred to third parties. This applies both to free transfer of the software and to sale or letting to third parties.

4.4 Every violation of the stated copyright is subject to prosecution under civil and criminal laws.

<big>'''5. License violations'''</big>

5.1 In the event of violations of the license agreements, the Licensor or an authorized agent of the Licensor shall be entitled to withdraw the license and declare it null and void.

5.2 In the event of violations of this license, the Licensor shall be entitled to promptly initiate legal steps. Moreover, the Licensor shall be entitled to claim compensation for incurred damages.

5.3 In case a license is withdrawn due to license violations, any payments made for purchased licenses will not be refunded.

<big>'''6. Data protection, other provisions'''</big>

6.1 You hereby expressly permit OCAD AG to collect and store data and information about you (e.g., name, address, and e-mail address) and use and process them at the company and affiliated companies. Please note that the collected data may be transferred to third parties that OCAD AG may engage to fulfill its contractual and non-contractual rights and obligations, for the purpose of fulfilling these rights and obligations. For example, such third parties may be resellers, supply companies, marketing representatives, and credit card companies.

6.2 Notwithstanding all other claims (e.g., damage compensation claims), OCAD AG has the right to terminate this license agreement with immediate effect, by serving a written notice to the Licensee and without observing any other notice period or sending any other notification in the event that the Licensee breaches the agreement to such an extent that OCAD AG cannot reasonably be expected to continue this license agreement, in particular if the Licensee
• has committed a breach of his obligations under this agreement that is capable of remedy and does not remedy the situation within 30 days after having received a notification about this violation from OCAD AG;
• has committed a breach of his obligations under this agreement that is incapable of remedy.

6.3 This software is subject to export restrictions which are to observed by the Licensee. In particular, the Licensee is not entitled to export this software to a country that is specified in an embargo list according to US laws, EU laws, and national laws.

6.4 The manufacturer of the software is OCAD AG, Mühlegasse 36, 6340 Baar, Switzerland.

6.5 Should individual provisions of this agreement be, or become invalid, this shall not affect the validity of the other provisions. A valid and adequate provision which comes as close as possible to the economic objectives of the parties shall replace the invalid provision, or fill any gaps in the agreement.

6.6 Amendments and supplements to this license agreement must be made in writing. A waiver of the written form must also be made in this form.

6.7 If you have concluded a separate agreement for the purchase of this software with the Licensor, the provisions of the respective agreement shall have priority over the provisions of these license terms.

6.8 This agreement is governed by the laws of Switzerland, under exclusion of conflict of law and UN sales laws. The application of the latest valid version of the Convention for the International Sale of Goods (CISG) of April 11, 1980 is excluded.

6.9 In the event of legal disputes, the courts of Baar, Switzerland shall have jurisdiction. However, OCAD AG may also appeal to the court at the customer's domicile.

<big>'''Errors and Suggestions'''</big>

All software contains errors, including OCAD. Reports of errors found and any other suggestions are welcome at all times. Please send them to OCAD AG.

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	<p>'''1.8.1''' The Licensee is responsible for the risk of using the Software. OCAD Inc. and/or its resellers make no representations regarding the suitability, reliability, availability, accessi-bility and accuracy of the OCAD software or related information, products and services. The software OCAD and related information, products and services are provided "as is" without warranty of any kind. OCAD Inc. and/or its resellers hereby exclude all relevant warranties and guarantees - as far as legally permissible.</p>		<p>'''1.8.1''' The Licensee is responsible for the risk of using the Software. OCAD Inc. and/or its resellers make no representations regarding the suitability, reliability, availability, accessi-bility and accuracy of the OCAD software or related information, products and services. The software OCAD and related information, products and services are provided "as is" without warranty of any kind. OCAD Inc. and/or its resellers hereby exclude all relevant warranties and guarantees - as far as legally permissible.</p>
	<p>'''1.8.2''' In particular, OCAD Inc. does not guarantee or warrant that:		<p>'''1.8.2''' In particular, OCAD Inc. does not guarantee or warrant that:
	• the data entered by you in OCAD are stored correctly and are accessible at any time,		*the data entered by you in OCAD are stored correctly and are accessible at any time,
	• errors and defects of OCAD can be corrected.</p>		*errors and defects of OCAD can be corrected.</p>
	<p>'''1.8.3''' In no case OCAD Inc. and/or Reseller shall be liable for:		<p>'''1.8.3''' In no case OCAD Inc. and/or Reseller shall be liable for:
	• any direct, indirect, immediate, indirect, incidental or consequential damages or punitive damages,		*any direct, indirect, immediate, indirect, incidental or consequential damages or punitive damages,
	• any other damages whatsoever, including, but not limited to, damages arising from loss of use, lost data or lost profit resulting from the use or services of OCAD, from the delay or impossibility of using OCAD, from the provision of services or from the fact that no services have been rendered, or are somehow related there-to, or for damages from information, software, computer hardware, products or services that have become accessible through OCAD, or for damages that other-wise arise through the use of OCAD, regardless of whether this is based on con-tract, tort, negligence, strict liability or any other legal reason, even if OCAD Inc. and/or its resellers have been informed of the possibility of such damages. In par-ticular, liability for slight and gross negligence on the part of auxiliary persons is excluded.</p>		*any other damages whatsoever, including, but not limited to, damages arising from loss of use, lost data or lost profit resulting from the use or services of OCAD, from the delay or impossibility of using OCAD, from the provision of services or from the fact that no services have been rendered, or are somehow related there-to, or for damages from information, software, computer hardware, products or services that have become accessible through OCAD, or for damages that other-wise arise through the use of OCAD, regardless of whether this is based on con-tract, tort, negligence, strict liability or any other legal reason, even if OCAD Inc. and/or its resellers have been informed of the possibility of such damages. In par-ticular, liability for slight and gross negligence on the part of auxiliary persons is excluded.</p>
	<p>'''1.8.4''' OCAD Inc. expressly draws attention to the fact that it is not possible according to the state of the art to develop computer programs in such a way that they work error-free under all conceivable conditions. The subject of any warranty by OCAD Inc. is soft-ware which is basically usable in the sense of the program description.</p>		<p>'''1.8.4''' OCAD Inc. expressly draws attention to the fact that it is not possible according to the state of the art to develop computer programs in such a way that they work error-free under all conceivable conditions. The subject of any warranty by OCAD Inc. is soft-ware which is basically usable in the sense of the program description.</p>
	<p>'''1.8.5''' OCAD Inc. does not guarantee that the program functions meet the customer's re-quirements or are suitable for a specific project.		<p>'''1.8.5''' OCAD Inc. does not guarantee that the program functions meet the customer's re-quirements or are suitable for a specific project.
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	<p>'''1.9.2''' Availability times are based on business hours. Public holidays at the service provid-er's registered office are not covered by these availability times.</p>		<p>'''1.9.2''' Availability times are based on business hours. Public holidays at the service provid-er's registered office are not covered by these availability times.</p>
	<p>'''1.9.3''' Liability for non-compliance with the Service Levels is only given if OCAD Inc. is re-sponsible for the non-compliance. This does not apply in particular to:		<p>'''1.9.3''' Liability for non-compliance with the Service Levels is only given if OCAD Inc. is re-sponsible for the non-compliance. This does not apply in particular to:
	• failures for which we are not directly responsible. In particular breakdowns at third party suppliers.		*failures for which we are not directly responsible. In particular breakdowns at third party suppliers.
	• losses caused by the customer.		*losses caused by the customer.
	• failures due to improper use or repair of customer hardware or software.</p>		*failures due to improper use or repair of customer hardware or software.</p>
	<p>'''1.9.4''' We do not claim ownership of your Content. You retain all rights and property rights to your content.</p>		<p>'''1.9.4''' We do not claim ownership of your Content. You retain all rights and property rights to your content.</p>
	<h3>1.10 Applicable Law and Place of Jurisdiction</h3>		<h3>1.10 Applicable Law and Place of Jurisdiction</h3>
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	<p>'''2.2.12''' In order to use a product that is designated as an upgrade, the licensee must be the holder of a full license for the product that is designated as an upgrade by OCAD AG. After exercising the upgrade, Licensee is no longer entitled to permanently transfer the product that was the basis for Upgrade eligibility (including the license).</p>		<p>'''2.2.12''' In order to use a product that is designated as an upgrade, the licensee must be the holder of a full license for the product that is designated as an upgrade by OCAD AG. After exercising the upgrade, Licensee is no longer entitled to permanently transfer the product that was the basis for Upgrade eligibility (including the license).</p>
	<p>'''2.2.13''' Notwithstanding all other claims (e.g., damage compensation claims), OCAD Inc. has the right to terminate this license agreement without notice by written notice to the licensee, without OCAD Inc. having to observe another notice period or to give further notice if the licensee commits a breach of contract to such an extent that it is unreasona-ble for OCAD Inc. to continue this license agreement, in particular if the licensee:		<p>'''2.2.13''' Notwithstanding all other claims (e.g., damage compensation claims), OCAD Inc. has the right to terminate this license agreement without notice by written notice to the licensee, without OCAD Inc. having to observe another notice period or to give further notice if the licensee commits a breach of contract to such an extent that it is unreasona-ble for OCAD Inc. to continue this license agreement, in particular if the licensee:
	• has committed a breach of its obligations under this agreement and has not reme-died the situation within 30 days after Licensee has received notice of such breach from OCAD Inc;		*has committed a breach of its obligations under this agreement and has not reme-died the situation within 30 days after Licensee has received notice of such breach from OCAD Inc;
	• has committed an unresolvable breach of its obligations under this agreement.</p>		*has committed an unresolvable breach of its obligations under this agreement.</p>
	<p>'''2.2.14''' To enable the execution of this contract, the licensee is obliged to register by e-mail or online registration and to provide hardware fingerprints.</p>		<p>'''2.2.14''' To enable the execution of this contract, the licensee is obliged to register by e-mail or online registration and to provide hardware fingerprints.</p>
	<p>'''2.2.15''' OCAD Inc. can change the software (including certain parts or functions) at any time without liability to the licensee or third parties, stop the support of the software at any time and change prices, features, specifications, abilities, functions, license conditions, publication dates, general availability or other characteristics of the software. However, we will make reasonable efforts to notify you of any changes in good time.</p>		<p>'''2.2.15''' OCAD Inc. can change the software (including certain parts or functions) at any time without liability to the licensee or third parties, stop the support of the software at any time and change prices, features, specifications, abilities, functions, license conditions, publication dates, general availability or other characteristics of the software. However, we will make reasonable efforts to notify you of any changes in good time.</p>

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	<p>'''1.1.2''' By ordering a product or a service, the customer confirms that he has taken note of and accepted the contents of these General Terms and Conditions.</p>		<p>'''1.1.2''' By ordering a product or a service, the customer confirms that he has taken note of and accepted the contents of these General Terms and Conditions.</p>
	<p>'''1.1.3''' In addition to the terms and conditions listed here, the licensing terms enclosed with the respective OCAD editions shall apply (cf. below). By ordering the software the license conditions are accepted. Subsequent return or exchange for a different product is not possible.</p>		<p>'''1.1.3''' In addition to the terms and conditions listed here, the licensing terms enclosed with the respective OCAD editions shall apply (cf. below). By ordering the software the license conditions are accepted. Subsequent return or exchange for a different product is not possible.</p>
	1.2. Offers and Specifications		<h3>1.2. Offers and Specifications</h3>
	1.2.1 Offers made by OCAD Inc. shall always be without obligation and are subject to change.		<p>1.2.1 Offers made by OCAD Inc. shall always be without obligation and are subject to change.</p>
	1.2.2 All information on the OCAD editions received by the customer within the scope of this ordering process are without obligation. Minor deviations from the pictures or descrip-tions provided by us are possible. In particular, changes are reserved which extend and improve the functionality of OCAD, as well as errors in description, illustration and price information.		<p>1.2.2 All information on the OCAD editions received by the customer within the scope of this ordering process are without obligation. Minor deviations from the pictures or descrip-tions provided by us are possible. In particular, changes are reserved which extend and improve the functionality of OCAD, as well as errors in description, illustration and price information.</p>
	1.2.3 OCAD Inc. is entitled to make partial deliveries.		<p>1.2.3 OCAD Inc. is entitled to make partial deliveries.</p>
	1.2.4 Your order shall be deemed an offer to conclude a contract in accordance with these conditions. We do not assume any obligation to accept your order. If we accept your order, we will send you an order confirmation. You will receive it by e-mail. In the course of acceptance of the order, execution can also be started immediately; in this case, you will not receive a separate order confirmation.		<p>1.2.4 Your order shall be deemed an offer to conclude a contract in accordance with these conditions. We do not assume any obligation to accept your order. If we accept your order, we will send you an order confirmation. You will receive it by e-mail. In the course of acceptance of the order, execution can also be started immediately; in this case, you will not receive a separate order confirmation.</p>
	1.3. Delivery Conditions		<h3>1.3. Delivery Conditions</h3>
	1.3.1 The delivery will be processed within 1-2 working days after receiving the order. The delivery of the goods is at the expense and risk of the customer.		<p>1.3.1 The delivery will be processed within 1-2 working days after receiving the order. The delivery of the goods is at the expense and risk of the customer.</p>
	1.3.3 Software ordered from the online shop is delivered directly by electronic download. Once we have received payment approval from your credit card company or bank trans-fer in advance, you will receive an email from us with instructions on how to download and activate the software you ordered.		<p>1.3.2 Software ordered from the online shop is delivered directly by electronic download. Once we have received payment approval from your credit card company or bank trans-fer in advance, you will receive an email from us with instructions on how to download and activate the software you ordered.</p>
	1.3.3 Delays in deliveries on physical data carriers (e.g. USB stick) of customs clearance may delay the delivery time.		<p>1.3.3 Delays in deliveries on physical data carriers (e.g. USB stick) of customs clearance may delay the delivery time.</p>
	1.4 Import and Export		<h3>1.4 Import and Export</h3>
	1.4.1 Import duties and taxes are levied by the customs authorities of the importing country. These vary from country to country and can be up to several times the purchase price. The customer is responsible for the payment of import duties and taxes as well as compliance with import and export regulations of his country.		<p>1.4.1 Import duties and taxes are levied by the customs authorities of the importing country. These vary from country to country and can be up to several times the purchase price. The customer is responsible for the payment of import duties and taxes as well as compliance with import and export regulations of his country.</p>
	1.4.2 This software is subject to export restrictions to be observed by the licensee. https://www.admin.ch/opc/de/classified-compilation/20000358/index.html		<p>1.4.2 This software is subject to export restrictions to be observed by the licensee. https://www.admin.ch/opc/de/classified-compilation/20000358/index.html</p>
	1.5 Prices		<h3>1.5 Prices</h3>
	1.5.1 Unless otherwise stated, prices are quoted in Swiss francs (CHF), excluding VAT, fees, duties, customs duties, transport, packaging, insurance, installation, commissioning and training.		1.5.1 Unless otherwise stated, prices are quoted in Swiss francs (CHF), excluding VAT, fees, duties, customs duties, transport, packaging, insurance, installation, commissioning and training.
	1.5.2 Country-specific taxes are shown after entry of the invoice recipient.		1.5.2 Country-specific taxes are shown after entry of the invoice recipient.