O&O Software DiskStat 2 Professional Edition Instalační manuál stáhnout pdf (Strana 30)

End user license agreement (EULA)

O&O DiskStat - 26

c) the cure is unacceptable to you or

d) the cure is unsuccessful.

A subsequent improvement is considered a failure after the second unsuccessful attempt unless there is

something particular about the type of software or the defect itself or the surrounding circumstances that

would indicate otherwise.

(10) You are not entitled to cancel the contract if the defect is negligible, nor may you, in this event, demand

compensation instead of full service.

(11) In the event of cancellation, compensation is due for any uses made. The compensation for use will be

based on a four year, straight-line depreciation of the purchase price.

(12) As a result of the abatement, the purchase price will be reduced by the amount which is calculated for

deducting the defect from the value of the software. The standard used will be its value at the time the con-

tract was concluded. The amount, when necessary, is to be calculated by estimation. As a result of this reduc-

tion, any amount larger than that paid for the reduced purchase price will be refunded.

If it turns out that a reported problem did not arise as a result of a defect in the software and if you can be

accused of malice or gross negligence, then O&O is entitled to invoice you for: 1) services; 2) the expenses

for analysis and; 3) correction of the problem, according to the amount stated in the price list.

(14) The seller’s warranty is canceled when changes are made on the software without expressed written con-

sent or when the software is not used as intended or used in an improper software environment, unless you

can prove that these facts had nothing to do with the problems that occurred.

6.Limitation of compensation

(1) O&O is liable for compensation for every legal ground to the extent described in the following provisions.

(2) The extent of liability of O&O for damages caused by malice or gross negligence arising from O&O itself or

one of its vicarious or legal agents is unlimited.

(3) There is no limit to the extent of liability of O&O or any of its legal or vicarious agents for damages involving

injury to life, physical well-being or health, or for simple breach of duty.

(4) There is unlimited liability for damages caused by serious organizational fault on the part of O&O as well as

for damages arising from a missing guaranteed characteristic.

(5) For the breach of an essential contractual duty, O&O is liable for damages normally foreseen in a contract

when none of the instances in provisions (2) – (4) applies.

(6) Any further liability for compensation is excluded, specifically excluded is liability without fault.

(7) Liability as defined by the product liability law remains untouched.

(8) If damage can be traced to have arisen through a fault on the part of O&O as well as on the part of yourself,

you must have your share of the fault evaluated.

You are responsible for making a standard backup of your data at least once a day. For data loss caused by

O&O, O&O is only liable for the expense of duplicating the data on your backup copies that need to be created

and for the restoration of data which would have also been lost during a standard backup procedure.

7.Final provisions

(1) You may only balance claims from O&O with indisputable or legally valid claims.

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O&O Software DiskStat 2 Professional Edition Instalační manuál Strana 30