page 2
page 3
We thank you for choosing
Max Fire HD
in preference to the vast number of other amusement vending machines available on the
market.
To gain satisfactory use from your Max Fire HD, please read the operating instructions
thoroughly.
Please store this manual in such a way as to make it readily at hand if so required.
For additional queries, our Hotline is at your service.
Call +43 / 72 29 / 78 0 40 - 250
Operating instruction Max Fire HD machine manual V1.5.5.
(UN - 14.12.2011)
The text passages and illustrations contained within this document were put together with
the greatest amount of care and attention, however, mistakes cannot be completely ruled
out.
The manufacturer accepts no legal responsibility or liability in any form with regard to errors
in detail, and any consequences that may arise from such errors.
The manufacturer is thankful for any suggestions for improvement or pointers leading to
errors.
All rights – including any arising from photomechanical reproduction and storage in
electronic or any other medium – are reserved. The program, handbook, and all
components are subject to international copyright regulations.
(C) 1996-2011 TAB-Austria
A-4052 Ansfelden, Haiderstraße 40
Tel. +43 / 72 29 / 78 0 40 - 0, Fax +43 / 72 29 / 78 6 60
All rights reserved.
page 4
Index
INDEX 4
SETUP POINTERS 5
S
AFETY REGULATIONS FOR THE USER 5
DESCRIPTION 6
SETUP AND CONNECTIONS 6
C
ONNECTION OF EXTERNAL DISPLAYS FOR PLAYING VIDEOS 7
STARTUP 9
TESTMODE 11
M
ENU GENERAL 12
M
ENU BASIC SETTINGS 13
M
ENU MACHINE TEST 14
M
ENU HARDWARE SETTINGS 16
M
ENU BOOKKEEPING 17
M
ENU GAME PRICE SETTINGS 19
M
ENU ADVERTISING PAGES 19
M
ENU PIN – SETTINGS 20
O
NLINESERVICE (OTM) 21
O
NLINE TERMINAL MANAGEMENT 23
M
ENU MUSIC 24
1) SETTINGS 24
2) SETTINGS 26
3) DATABASE 28
4) PLAYING TIMES 30
5) CATEGORIES 31
6) COUNTRY BAR 32
7) CHARTS 33
8) DOWNLOAD 34
9) ARTIST DOWNLOAD BAR 35
10) DOWNLOAD FILTER LISTS 36
UPDATEPROCESS 38
UPDATES FOR MUSICTITLES- AND VIDEOS VIA SERVICESTICK AND SERVICEDISK38
TECHNICAL DATAS 39
TROUBLESHOOTING 40
ERROR MESSAGES 41
EC – DECLARATION OF CONFORMITY 42
page 5
GENERAL TERMS AND CODITIONS OF TRADE 43
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE 49
A
TTACHMENT 1 52
NOTES 53
Setup Pointers
Safety regulations for the user
The machine may only be operated in dry rooms and connected to a safety plug socket
that complies with the relevant safety standards.
Before starting the machine, it should be allowed to attain room temperature.
We recommend installing the mounting bracket at a height of 190cm.
Check the main voltage before connecting the machine.
The machine is designed for an alternating voltage of 230V or 115V (if specified on the
type plate), 50Hz and 120W power.
The machine may only be operated with a 3.15 amp fuse.
In case of breakage to housing parts, potruding wires, machine fires or smashed picture
tubes, the machine must be immediately switched off and the main plug disconnected.
Defect or bare wire cables, especially power cables and plug connecters must be
replaced.
Important!
In such cases ensure that the machine contact is avoided and that it cannot be
switched on!
The recommended ambient temperature is 5 – 35 Degrees on the Celsius scale.
When positioned alongside other machines, interference in normal operation may occur.
Please pay attention to the licensing terms and conditions of Microsoft at the end of this
document.
page 6
This symbol on the product or on its packaging indicates that this product shall not be treated as
household waste. Instead it shall be handed over to the applicable collection point for the recycling
of electrical and electronic equipment. By ensuring this product is disposed of correctly, you will help
prevent potential negative consequences for the environment and human health, which could
otherwise be caused by inappropriate waste handling of this product. The recycling of materials will
help to conserve natural resources. For more detailed information about recycling of this product,
please contact your local city office, your household waste disposal service or the company where
you purchased the product.
Description
The Max Fire HD is a modern styled music jukebox which is equipped with a complete pc –
system, a 32" TFT Display (with touch screen) and an electronically coin acceptor.
Setup and connections
Unpacking the machine
Mounting
On the mounting bracket (top: 190cm)
Connect to power 230 V / 50 Hz (power socket)
Connect of sound. Optional:
Connect speakers to internal amplifier (optional)
Connect to amplifier (Line – IN amplifier on Line – OUT machine)
Other source, per example a CD-player, on Line – IN and Line –
OUT on amplifier (for background-music see point mpeg files in
the music test mode!)
Connection of an external skipswitch: the cable harness of the Max Fire
HD is pre – prepared to connect an external skipswitch (potential – free).
With this switch, it is possible to prioritize songs without paying extra credit.
Please find the black – gray cable in the middle of the jukebox!
Disposal of Old Electrical & Electronic Equipment (Applicable in
the European Union and other European countries with separate
collection systems
page 7
Connection of external Displays for playing videos
HDMI connection
Every Max Fire HD comes ex factory with a HDMI graphic card. With this card, you have
the possibility to connect every modern flat screen via HDMI cable. The internal LCD is
connected via DVI socket.
RGB HDMI DVI
If you need a different socket, there is the possibility to equip your Max Fire HD with a card
which provides sockets like DVI, S – Video and Cinch.
First of all, you have to identify your connection point at your display/TV:
HDMI – connection
DVI – connection
RGB – connection
SVideo – connection
Cinch – connection
This given order starts with the best quality, going to the lowest quality. We strongly
recommend using the best option to obtain maximum video performance!
RGB SVIDEO DVI
page 8
If you order your Max Fire HD with the optional graphic card, the internal LCD is always at
the lower socket connected! For DVI and SVideo the following options are given:
DVI to RGB (1), SVideo to Cinch (2)
Setting up your Max Fire HD:
Turn off your Max Fire HD and plug, if necessary adapters to the right socket on the card.
Get the cable from our external LCD through the backside of the Max Fire HD.
Plug on the cable from the Max Fire HD to your local LCD and repower the machine.
page 9
Startup
Every machine is factory tested and delivered in a preset condition.
We recommend waiting 15 minutes, so that the display can attain optimum operating
temperature.
Due to the effects of differences in temperature, it is possible that the display and touch
screen settings are incorrect. Therefore, we recommend the following procedure ALWAYS
be adhered to when commissioning for the first time:
Switch machine ON (switch is positioned at the backside).
After choosing your preferred language for the Max Fire HD, follow the
procedure on page 12.
page 10
page 11
Testmode
Hit the test mode button
You are now entering the test mode:
page 12
Menu General
Touch screen adjust
Adjust the touch screen by hitting the calibration button. Follow the
instructions.
Test
Here, you can test the touch screen functionality. Finish testing with a double
tap on the screen.
Set system volume
The system volume is set at this menu.
Erase
Erase credit: the actual credits can be erased here.
Master Reset: Hitting this button, the Max Fire HD will be set to delivery
status.
Other
Test credit: set test credits for testing your Max Fire HD.
page 13
Menu Basic settings
Date and time
Here you can set up the date and the time.
Note: A machine which is active in the online service, will set the date and
the time automatically. You only need to set the correct time zone.
Basic language
Choose the right language for the testmode of the machine.
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Menu Machine test
page 15
Coins:
Test if the coin channels are working correctly.
Banknotes:
Test if the banknote channels are working correctly.
Last Impulses:
Here you can see the correct allocation of your coin acceptor
and banknote reader.
Button press:
Test if your buttons are working properly.
Meters:
Check of your hardware counter. After choosing this option,
there have to be 10 impulses added on the counter.
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Menu Hardware settings
page 17
Currency
Choose the programmed currency
Meter impulse
Set the impulses for the hardware counter
Set VDAI (only for Germany!)
Set the options for VDAI
NV7 Key
This key is needed for initializing the banknote reader. If you change the banknote
reader, be sure that the key here is the same as on the acceptor.
Coins and banknotes
Complete setup of the coin and banknote reader channels.
Menu Bookkeeping
page 18
Here, the complete bookkeeping of the machine is displayed. If you want, you can set the
bookkeeping available for the supervisor PIN code.
Bookkeeping 1
Here you can see the complete income of coins, banknotes and bonuscard inputs. You also can see the complete sum of all credits and the
running time of the machine.
Bookkeeping 2
Here you can see an overview of the income, test – credits, music – credits
and the running time.
Please note:
You can delete Bookkeeping 1 and Bookkeeping 2 separately.
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Menu Game price settings
Game price setting
Set here your valence of the credit. As Standard 1 you can find 50 Cent is
1 credit. With the counters of the right side you can change this. In the
Standard2 (Bonus) value you can set special credits for Bonus-options.
Free play mode
If you activate this option, the machine always has 99 credits in the menu.
Menu advertising pages
Set your own advertising pages in this menu. The pages will automatically be shown in the
stand – by mode for a time which is changeable.
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Menu PIN – settings
Set up to 3 different supervisor Pins. With this PIN you get into a special
test mode, where the supervisor can only set special menus and change
them.
Set up a PIN code for the testmode. Without this PIN code, you cannot get
into the testmode.
Set up a PIN code only for Bookkeeping2.
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Onlineservice (OTM)
Registration of your Max Fire HD
Please note: The terminal will restart automatically after activating.
Choose „change” at „Connection“ and you can choose your connection type and set the
time of the daily-transfer:
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You get your required data from your local internet provider or system administrator. By
choosing DHCP your Max Fire HD get the data from the router.
You are able to connect more machines together and then connect them to the internet. A
router is establishing the internet connection p.e. via DSL and the machines are connected
to this router. You can configure the router with the web browser of our machine! You just
have to connect your machine with a network cable to the router.
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Online Terminal Management
With the Online Terminal Management (OTM) you are able to advise your machines from
your home:
Online Music Shop
Choose music and video files or complete packages and send them to your
terminals!
Online Service
See the “Cash – in” of every machine with the bookkeeping and send your own
advertising pages to your terminals!
Terminal and license management
See all detailed information of your machines and use ONLINE VERSION PLUS!
You can directly register at www.tab.at/otm
If you register first time, you get your licenses for the first month for free. Information about
prices for the download of music and video files can be found at the Online Music Shop of
your OTM account.
For detailed information please download the full OTM manual from the Download area of
www.tab.at
After setting up your machine, finally the Max Fire HD has to get registrated! By doing this,
it gets a unique number.
To get the OTM available, you have to register at our homepage under OTM and you get a
TAN list and you license.
Registration of the machine has to be done under Online Service (OTM).
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Menu Music
Setup all settings for the music box.
1) Settings
Titles clear to delete:
Choose at which conditions titles get erased automatically if hard disk space gets too
small in order to store new ones on the harddisk.
o Delete least selections:
This option deletes all files which get selected least. This setting is
recommended.
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o Delete oldest selections:
If selected, titles get deleted if they haven’t been selected for a longer time.
Free hard disk space is also displayed.
Display:
You can choose between different varieties:
o Show playlist:
Activate this option if you want to see the selected titles in the main menu.
o Priority feature:
If this function is active, you can set a title to get played first for an extra credit!
There have to be at least two titles to use this feature.
o Show advertising on second screen:
Activate this option when you want to see the advertising pages on the second
screen (Plasma, Beamer,…)
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2) Settings
page 27
Background:
o Random Access:
With this option you set the percentage of least selected titles which be
automatically played as background music. When you set this value to 0, the
title animation is activated (look at point Animation title).
o Random title length:
You can set here, how long the background music titles will be played.
o Random volume:
Set the volume of the background music in percentage.
o Animation title:
The setted value (value 0) stands for the time how long the background music
stops. E.g. settings 30min: one song will be played and a break of 30 min
follows. If you have connected an external source (p.e. radio, cd-player,…) the
machine plays the input from the external source in the meantime. When you
activate the music – relays in the hardware settings, the relay can activate
an external amplifier!
Only play videos
Activate this option when you only want to play videos as background music.
Selected settings:
o Volume:
Set the volume of the chosen titles.
o Cancel background:
The background music stops after selecting a title.
o Title lock:
If this option is activated, the selected title only appears for 1 time in the
playlist. If this option is deactivated, the title gets displayed how ofter it has
been selected. We recommend activating this option!
o 15 min. title lock:
Choose a title again is only available after 15 minutes.
o As selected:
The chosen title will be shown at the end of the playlist.
o Shuffle:
The chosen title will be ranked randomly in the playlist.
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Line in:
o Volume external input:
Set the volume of the external source connected to the line – in of the sound
card.
Test volume:
o Selected titles:
Test the volume of the selected titles/videos
o Background:
Test the volume of the background music
3) Database
You can find all your titles listed with type, artist, title, category, locked and the counter
(used for the top hits counter). Pressing one of the list options will help you to find your title
easy. The small arrow shows the selected list option.
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Show log of selected titles
Displays all downloaded titles of this machine
Delete all locked titles
Deletes all locked titles of this machine
Edit:
Edit the selected title. You can edit all options of the selected title here:
Now you can edit the language this title. When you press the language button, you can
change the keyboard layout into another language. Per example “Greek”. Now you can edit
your title with Greek signs.
Touch the field you want to edit and change the entry the way you like with the help of the
keyboard. Use the TAB button to jump the fields.
Please note:
You have to fill in the artist and the title!
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Additionally, you can choose the genre for the title and also the locked condition.
Finish the entries by hitting O.K.
4) Playing times
You can create up to 5 different time areas and edit them. You can advise each time zone
with all options of the genres, background music and selected titles!
If you have time zones which are overlapping, the time zone which is on the top has priority!
With pressing + you can add a new time zone and with – you can delete one. Then press
“Edit” to change the options for the selected time zone.
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Playing times visible in the overview test mode
Activate this option to allow the Supervisor to get into.
5) Categories
Here you can edit and add the genres.
Show the categories in test mode:
o Show all categories:
All genres are available
o Show the categories in groups:
The genres will be added into higher level groups and are available in the
special genre in the playing times. Per example, you can edit which genres
are available for the Christmas time.
New category:
Add a complete new genre and add titles into it!
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6) Country bar
You can select each country if the titles should be shown. The information of these titles is
in the ID3 Tags of the files. In each files there are information’s like country, album.
Show international titles:
Activate this option to show international titles all around the world. We
recommend to activate this.
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7) Charts
Here you can allow or block the shown chart lists. Each chart list is downloaded and will be
serviced automatically from the TAB server.
The “MAX” charts are the top downloaded titles from the specified countries!
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8) Download
This feature is only available when the machine is in the Online Serice (OTM) registered
with a machine number (look at OTM for more information).
o Activate music download feature:
This feature activates the possibility of downloading music.
o Activate video download feature:
This feature activates the possibility of downloading videos.
Download titles per month:
Select the value of available titles to download per month. When this value is
reached, the feature is automatically disabled and ready again in the next month.
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Download amount per month:
Set the value of available downloads in megabyte. By reaching the limit, the
feature deactivates itself until the next month.
Maximum simultaneous choice:
Titles which are chosen to download get ranked in the playlist. Set the amount of
titles until the feature get locked until the first downloaded song is finished.
9) Artist download bar
Here you can block artists in the whole download database. Titles which are already on the
machine or will be buyed in the Online Music Shop will not take effect. Titles which got
copied via service stick onto the machine are not affected.
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10) Download filter lists
Here you can limit the download titles with special lists from the server. Titles which are
already on the machine or will be buyed in the Online Music Shop will not take effect.
After setting up your Max Fire HD, leave the menu by hitting cancel or O.K. The machine
will perform a restart and will overtake all settings you have done before.
page 37
page 38
Updateprocess
The software of Max Fire HD is installed on the built – in hard disk. To update the machine,
you either use the update stick (articlenumber: 831000178), or you can do the update
online. Please consider performing the update via internet to have a fast DSL line because
heavy data traffic will occur.
Procedure with harddisk
Switch machine off.
Plug update stick Max Fire HD on the marked place.
Switch machine on.
The process starts now automatically and takes about 4 – 8 minutes.
After complete update process you get a windows message to turn off the machine.
Turn off the machine and remove the stick!
Switch machine on.
Installation of the new software will be finished.
Touch – screen has to be recalibrated (see menu general page 13)
Max Fire HD is finished with updateprocess and is ready for playing.
Updates for musictitles- and videos via servicestick and
servicedisk
This stick can be ordered directly at TAB-Austria with the given articlenumber 831000179.
For additional features and instructions of the service stick, please have a look at
www.tab.at at the Silverball Download menu.
For creating a complete backup or for doing large musicupdates, we recommend using the
updatedisk, which can be ordered under the arcticlenumber 831000141.
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Technical datas
Machine dimension: 83,7 x 53,1 x 16cm (32,9 x 20,9 x 6,3“)
Machine w. package: 94,5 x 63,5 x 26,5cm (37,2 x 25,0 x 10,4“)
Weight: 40kg (88,2lbs)
page 40
Troubleshooting
Fault Cause Remedy
Touch – screen only
works partly
Transport caused readjust of
touch – screen,
Cable between touch – screen
and pc is defect
Recalibrate the touch – screen (p.13),
Replace the cable
Touch – Screen doesn’t
work after changing pc
New pc doesn’t know touch –
screen
Recalibrate the touch – screen (p.13)
No function of the touch -
screen
Touch – screen controller or
touch – screen cable defect
Check cable connection between
touch – screen and touch screen
controller resp. change defect
controller
White screen Graphic card defect,
Graphic card cable not
connected,
Graphic card cable defect
Change graphic card,
Connect cable,
Change cable
Black screen No powercable to screen
connected,
Defect monitor
Check power connection to screen,
Change monitor
No function at all No power cable connected,
Powerswitch not turned on
powerfuse blown out
Connect power cable,
Tunr powerswitch on,
Replace with a new fuse
No sound Volume level too low,
No audio cable connected,
Defect loudspeaker
Turn up the volume,
Connect audio cable,
Change loudspeaker
Coins are not correctly
counted
Wrong value programmed Check program settings
Inserted coins fall
through
No power to the coin checker,
Coin checker dirty,
Coin channel not assigned,
Coin checker defect
Spannungsversorgung überprüfen,
Clean coin checker,
Change program,
Change coin checker
Poor coin acceptance Coin checker dirty Clean coin checker
Counter doesn’t work Counter defect Replace counter
page 41
Error messages
Various error messages may appear during the copying procedure. The possible messages
are listed below:
No Dongle connected.
The dongle has to be pluged in for the copying process. If it is connected, please let check
the dongle at TAB.
Failed to detect a valid dongle.
The dongle has to be pluged in for the copying process. If it is connected, please let check
the dongle at TAB.
Failed to read dongle values. Please replace the dongle.
System cannot read data from the dongle. Replace dongle or let it check at TAB.
There is no product on this update disk which matches to current machine, please check
updatedisk, dongle and hardware configuration.
Wrong update is stored on the update stick. Use correct stick!
Update failed to read the configuration, either the configuration file has an invalid entry or
some files are damaged. Please get latest update.
The update went wrong because of damaged or missing files. Replace update stick with
new one.
The signature of the following file is invalid. Please get latest update disk.
Either update stick or file is damaged. Replace update stick.
The update application detected an internal error. Please get the latest update disk.
Failure occurred during update process. Either update stick or file is damaged. Replace with
new update stick.
The following file on the update disk is damaged. Please restart update, if the error appears
again, check your pc hardware.
Corrupt or missing file on update stick. Start update process again and if error appears
again, contact TAB.
The internal disk is too small. Please replace it.
Contact TAB for either bigger hard disk or for replacement of defect disk.
page 42
EC – Declaration of Conformity
page 43
General Terms and Coditions of Trade
of TAB-AUSTRIA Industrie- und Unterhaltungselektronik GmbH & CoKG,Haider Straße 40,
A-4052 Ansfelden
1. Validity of Terms and Conditions of Trade
Deliveries, services and offers by TAB-AUSTRIA Industrie- und Unterhaltungs-elektronik
GmbH & CoKG – hereinafter called "TAB" -- are made exclusively on the basis of these
General Terms and Conditions of Trade. Consequently, they will also be applicable to all
future trade relations even if not expressly agreed upon once again. At the latest upon
receipt/acceptance of the goods or services, these Terms and Conditions will be deemed as
accepted. Deviations from these Terms and Conditions, in particular by sending of contrary
purchase terms, will be valid only if expressly accepted by TAB in writing.
2. Offers and Conclusion of Agreements
a) TAB's offers are without obligation and not binding.
b) Customer will be bound to his order for three weeks. In order to be legally valid, orders
require performance of the delivery by TAB or written confirmation by TAB, which will be
deemed as granted unless TAB refuses acceptance within three weeks after receipt of
order at Ansfelden.
c) Subsidiary agreements, modifications and amendments will be valid only if confirmed by
TAB in writing. The same will be applicable to the warranty of qualities.
3. Prices
All prices are net prices exclusive of VAT, which will have to be paid additionally by
Customer in the respective statutory amount. Prices are ex works Ansfelden, exclusive of
freight, packing, insurance and installation.
4. Delivery Time
4.1 Agreements regarding delivery dates or -periods require written form. Unless agreed
otherwise, delivery dates or -periods will not be binding.
4.2 Even with bindingly agreed deadlines and dates, TAB will not be responsible for
delays in deliveries and services due to force majeure and due to events making delivery
considerably more difficult or impossible for TAB -- including, among other things, difficulties
regarding procurement of materials occurring later, operating troubles, strike, lockout, staff
shortage, shortage in means of transport, official orders, etc. -- even if these circumstances
occur with TAB's suppliers, their sub-suppliers or transport agents. Such delays will entitle
TAB to postpone delivery and/or performance for the duration of the hindrance plus an
appropriate starting time, or to wholly or partially cancel the agreement due to the part not
yet performed.
page 44
4.3 Should such hindrance last for more than three months, then Customer will, after
having granted an appropriate extension of the original period, be entitled to cancel the
agreement with regard to the part not yet performed. Should the delivery period be
prolonged or should TAB become free of its obligation, then Customer will not be able to
derive any damage claims out of this.
4.4 TAB will at any time be entitled to make partial deliveries and part performances.
5. Venue of Performance, Dispatch and Passing of Risk
5.1 Venue of performance will be the registered seat of TAB at Haider Straße 40, 4052
Ansfelden. Packing and dispatch will be effected at Customer's expense and risk. Upon
Customer's express request and at his expense, the delivery will be insured against
breakage, transport and fire damage.
5.2 The risk will pass to Customer upon conclusion of the agreement.
6. Warranty and Liability
6.1 Seller will have to be informed in writing about defects of new pieces of equipment
delivered by TAB no later than within eight days after receipts of the goods.
6.2 In case of hidden defects, complaints may only be made immediately after detection
thereof, but no later than three months after receipt of the goods.
6.3 Should a third party have repaired, or tried to repair, the delivered goods, then any
complaint will be excluded. The same will be applicable should Customer incompetently
interfere with the delivered goods.
6.4 Complaints will have to be made in writing. Should TAB not be informed in good time
in accordance with the above paragraphs about possible defects of the goods, then all and
any warranty claims will be excluded.
6.5 Should goods delivered by TAB be defective or should faults be discovered within the
warranty period, then TAB will only have to undertake improvement or substitute delivery
within an appropriate period, whereby TAB will in any case be entitled to deliver a
replacement instead of correction. There will be no other or further claims, in particular to
diminution of price, or replacement for any repair services carried out in-house or ordered
from outside, regardless of the legal grounds, unless separately agreed upon with TAB.
Compensation of possible consequential damages will be limited to direct damages up to
half of the respective order's invoice value; Customer will only be entitled to this if TAB or its
employees can be blamed for gross negligence or wrongful intent.
6.6 The defective goods are to be surrendered to us or returned to us. Repairs at the setup
site are not possible. Transport costs and transport risk are to be borne by Customer.
6.7 Damage claims will only exist in case of wrongful intent or gross negligence and will be
limited as to their amount by the invoiced amount.
page 45
6.8 Sale of used pieces of equipment will be effected subject to exclusion of any warrantyand liability claims of Customer's.
6.9 The name "TAB" is a registered trademark. TAB is entitled to industrial property rights
to the products delivered by TAB. Customer may use and resell such products only within
the scope of a proper course of business.
6.10 Possible recourse claims pursuant to Section 12 PHG (Product Liability Act), as well
as any exclusion of liability in accordance with Section 8 No. 3 PHG, are excluded.
6.11 All liability for claims stemming from or in connection with enticing to play or carrying
out games, in particular for gambling compulsions is expressly barred. Customer will hold
TAB completely harmless against all such claims brought by customers of TAB's or the
latter's affiliated companies.
6.12 All warranty and liability claims resulting from this contractual relationship are finally
settled in Item 6. Over and above that, Customer will not be entitled to any claims
whatsoever.
7. Reservation of Proprietary Rights
7.1 Until complete payment of the purchase price, TAB will reserve ownership of the
delivered goods.
7.2 Pawning or transfer of ownership by way of security of the conditional goods will not be
admissible. In case of seizure of the conditional goods by third parties, in particular in case
of levy of execution, Purchaser will immediately have to inform TAB in writing and to inform
the third party of TAB's reservation of title. Purchaser will be obligated to bear all costs
expended for defense against the seizure and for recovery of the delivered item as far as
such costs may not be attained from the third party.
7.3 Up through complete performance of Customer's obligations towards TAB, Customer
will assign for security to TAB his claim resulting from resale of goods delivered by TAB.
Upon TAB's request, Customer will have to inform TAB about the debtors of the assigned
claims, to inform debtors of such assignment, and to keep the proceeds from sale of the
conditional goods separate and in TAB's name. Provided that TAB's total claims from such
assignments are secured beyond all doubt at more than 120%, TAB undertakes to release
the surplus receivables upon Customer's request by TAB's choice.
7.4 By processing of the conditional goods, Customer will not acquire ownership of the
new goods; processing will be effected by Customer for TAB.
Customer undertakes to keep these goods free of charge. In case of processing or
mingling with goods owned by a third party, TAB will acquire co-ownership of the new
page 46
goods in proportion of the invoice value of goods delivered by TAB to the invoice value of
the remaining goods.
7.5 In case of Customer's acting in violation of the Agreement, in particular in case of
default in payment, TAB will be entitled to reclaim the provisional goods at Customer's
expense. Such recovery claim, as well as levy of execution of the goods by TAB, will not
constitute a cancellation of the Agreement.
7.6 As soon as he has stopped payments, in fact immediately after announcement of the
cessation of payments, Customer will be obligated to send to TAB a list of the still existing
provisional goods, even if processed, and a list of claims towards third party debtors plus
copies of invoices. Amounts received from assigned claims will have to be kept separately
until bank transfer.
8. Transfer Prohibition
All claims of Customer's resulting from this Agreement will be unassignable.
9. Payment, Default, Set-Off
9.1 Unless agreed otherwise, all payments will have to be made immediately upon receipt
of invoice without deductions.
9.2 Acceptance of cheques or bills of exchange will only be effected for payment
purposes. Discount- and bank costs as well as costs of bills of exchange will have to be
borne by Customer.
9.3 In case of default in payment, refund of all reminder- and collecting charges, as well as
interest in the amount of 10% above the applicable base interest rate will be deemed as
agreed upon. Incoming payments will be set-off first against the costs, then against the
interest and last against the main obligation to be performed.
9.4 Non-compliance with payment conditions or circumstances suitable to impair
Purchaser's credit worthiness will result in maturity of all of Seller's claims. It will
furthermore entitle Seller to perform outstanding deliveries against advance payment only
or to cancel the Agreement, and/or to demand compensation for damage due to nonperformance.
9.5 Customer will not be entitled to withhold payment or a part thereof for counterclaim
reasons or to set-off counterclaims, including such resulting from complaints.
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10. Exchange Equipment/Trade-In
Should used pieces of equipment be traded in by TAB for complete or partial covering of
the purchase price, then Purchaser will be obligated to inform TAB of any defects of the
pieces of equipment traded in. Purchaser guarantees that the pieces of equipment only
have such defects as expressly announced.
Should it turn out within a six-month-period that the pieces of equipment have defects not
announced to TAB, then TAB will be entitled to return such pieces of equipment and to
invoice Customer the trade-in value thereof.
11. General provisions
11.1 The laws of the Republic of Austria will be applicable to all legal relationships of the
parties; application of international agreements, in particular of the UN Convention on the
International Sale of Goods of 14 April 1980 is expressly barred.
11.2 The respective court having jurisdiction over the subject-matter in Linz, Austria, is
agreed upon as exclusive venue of jurisdiction.
11.3 The contract merchandise consists exclusively of electric or electronic equipment for
commercial purposes within the meaning of section 3 Z 9 of the Used Electric Equipment
Ordinance, Federal Gazette II, 121/2005.
The marketing partner will assume the obligation incumbent on the manufacturer under
section 10 of the Used Electric Equipment Ordinance, Federal Gazette II, 121/2005 and will
by contract grant his customers the right to return the contract merchandise to him and
hereby puts himself under an obligation to retake the contract merchandise.
If the contract merchandise is returned directly to TAB by the customers, the marketing
partner is responsible for pick-up of the contract merchandise from TAB and for legally
proper treatment of the contract merchandise. If the marketing partner fails to comply with
his obligation to retake the merchandise, then TAB must be compensated for costs and
damages connected with retaking and treatment of the contract merchandise.
11.4 The marketing partner will participate in a collection and recycling system within the
meaning of section 11 of the Packaging Ordinance, Federal Gazette 648/1996 that ensures
retaking and treatment of packaging for the contract merchandise. TAB is to be given
written certification of its legally effective participation in a collection and recycling system.
Certification will either occur by means of submission of the contractual agreements or on
the order documents.
The marketing partner must compensate TAB for all damages and costs incurred by TAB
due to the fact that the marketing partner fails to comply with his obligations assumed under
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the Packaging Ordinance such as, in particular, the terms for participation in a collection
and recycling system.
11.5 Customer must assert any eventual claims stemming from or in connection with its
legal relations with TAB within six months in writing or risk default.
11.6 Should one or several of the above provisions be or become invalid or impracticable,
then the validity of the remaining provisions will remain unaffected. Rather, the invalid
and/or impracticable provision will have to be replaced by such valid or practicable provision
as will realize to the widest possible extent the economic purpose pursued by the former.
As amended on 14.12.2011
page 49
END-USER LICENSE AGREEMENT FOR MICROSOFT
SOFTWARE
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a
legal agreement between you (either an individual or a single entity) and the
manufacturer ("Manufacturer") or the special purpose computing device ("SYSTEM")
you acquired which includes certain Microsoft software product(s) installed on the
SYSTEM ("SOFTWARE PRODUCT" or "SOFTWARE"). The SOFTWARE includes
computer software, the associated media, any printed materials, and any "online" or
electronic documentation. By installing, copying or otherwise using the SOFTWARE,
you agree to be bound by the terms of this EULA. If you do not agree to the terms of
this EULA, Manufacturer and Microsoft Corporation ("Microsoft") are unwilling to
license the SOFTWARE to you. In such event, you may not use or copy the
SOFTWARE, and you should promptly contact Manufacturer for instructions on
return of the unused product(s) for a refund.
SOFTWARE LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE: This EULA grants you the following rights:
Software: You may use the SOFTWARE as installed on the System.
Application Sharing: The SOFTWARE may contain technology that enables
applications to be shared between two or more SYSTEMS, even if an application is
installed on only one of the SYSTEMS. You should consult your application license
agreement or contact the application licensor to determine whether sharing the
application is permitted by its licensor.
Storage/Network Use: If the SOFTWARE PRODUCT is installed on the SYSTEM over
an internal network from a server, you must acquire and dedicate a license for the
SOFTWARE PRODUCT for each SYSTEM on which the SOFTWARE PRODUCT is
used or to which it is distributed. A license for the SOFTWARE PRODUCT may not be
shared or used concurrently on different SYSTEMS.
Back-up Copy: If MANUFACTURER has not included a copy of the SOFTWARE on
separate media with the SYSTEM, you may make a single copy of the SOFTWARE for
use solely for archival purposes with the SYSTEM.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitation on Reverse Engineering, Decompilation and Disassembly: You may not
reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the
extent that such activity is expressly permitted by applicable law notwithstanding this
limitation.
Single SYSTEM: The SOFTWARE is licensed with the SYSTEM as a single integrated
product. The SOFTWARE may only be used with the SYSTEM.
Rental: You may not rent or lease the SOFTWARE.
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Software Transfer: You may permanently transfer all of your rights under this EULA
only as part of a sale or transfer of the SYSTEM, provided you retain no copies, you
transfer all of the SOFTWARE (including all component parts, the media, any upgrades
or backup copies, and this EULA, and if applicable, the Certificate(s) of Authenticity),
and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade,
any transfer must include all prior versions of the SOFTWARE.
Termination: Without prejudice to any other rights, Manufacturer or Microsoft may
terminate this EULA if you fail to comply with the terms and conditions of this EULA. In
such event, you must destroy all copies of the SOFTWARE and all of its component
parts.
Single EULA: The package for the SOFTWARE may contain multiple versions of this
EULA, such as multiple translations and/or multiple media versions (e.g., in the user
documentation and in the software). In this case, you are only licensed to use one (1)
copy of the SOFTWARE PRODUCT.
3. UPGRADES AND RECOVERY MEDIA
If the SOFTWARE is provided by Manufacturer on media separate from the SYSTEM
and is labeled "For Upgrade Purposes Only" (Upgrade SOFTWARE), you may install
one copy of the Upgrade SOFTWARE onto the SYSTEM as a replacement copy for the
SOFTWARE originally installed on the SYSTEM and use it in accordance with Section 1
of this EULA. You may also install additional copies of the Upgrade SOFTWARE as
replacement copies onto additional SYSTEMS which are the same brand and model as
the SYSTEM and contain a duly licensed copy of the same version and language
release of the SOFTWARE ("ADDITIONAL SYSTEMS"), provided that (1) Manufacturer
has supplied a corresponding serialised sticker for each additional copy of the Upgrade
SOFTWARE, and (2) you affix a serialised sticker per Manufacturer’s instructions for
each unit of Upgrade SOFTWARE you install.
If the SOFTWARE is provided by Manufacturer on separate media and labeled as
"Recovery Media", you may not make a copy of the SOFTWARE as described in
Section 1 for archival purposes. Instead, you may use the Recovery Media solely to
restore or reinstall the same version and language release of the SOFTWARE as
originally installed on the SYSTEM and thereafter use the SOFTWARE as restored or
reinstalled in accordance with Section 1 of this EULA. A single unit of Recovery Media
may be used by you to restore or reinstall the SOFTWARE on ADDITIONAL SYSTEMS.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images,
photographs, animations, video, audio, music, text and "applets," incorporated into the
SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE,
are owned by Microsoft or its suppliers. You may not copy the printed materials
accompanying the SOFTWARE. All rights not specifically granted under this EULA are
reserved by Microsoft.
5. PRODUCT SUPPORT
Product support for the SOFTWARE is not provided by Microsoft or its subsidiaries. For
product support, please refer to Manufacturer's support number provided in the
documentation for the SYSTEM. Should you have any questions concerning this EULA,
page 51
or if you desire to contact Manufacturer for any other reason, please refer to the address
provided in the documentation for the SYSTEM.
6. LIMITED WARRANTY
Limited Warranty: Manufacturer warrants that the SOFTWARE will perform
substantially in accordance with the accompanying written materials for a period of
ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are
limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration
of an implied warranty, so the above limitation may not apply to you.
Customer Remedies: Manufacturer's and its suppliers' entire liability and your exclusive
remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair
or replacement of the SOFTWARE that does not meet the above Limited Warranty and
which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is
void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication.
Any replacement SOFTWARE will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer.
No Other Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED
WARRANTY SECTION ABOVE, THE SOFTWARE IS PROVIDED TO THE END USER
"AS IS" WITHOUT OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH
YOU.
No Liability for Consequential Damages. MANUFACTURER'S SUPPLIERS SHALL
NOT BE HELD TO ANY LIABILITY FOR ANY DAMAGES SUFFERED OR INCURRED
BY THE END USER (INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS
OF BUSINESS PROFITS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND
THE LIKE), ARISING FROM OR IN CONNECTION WITH THE DELIVERY, USE OR
PERFORMANCE OF THE SOFTWARE.
7. NOTE ON JAVA SUPPORT.
THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN
IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED,
MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL
EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE
FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
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Attachment 1
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In case of any failure which cannot be solved, get in contact with our hotline:
+43 / 72 29 / 78 0 40 - 250
Notes
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