O&O Software PartitionManager 3 Server Edition Manuál stáhnout pdf (Strana 46)

End user license agreement 2.5 (EULA)

O&O PartitionManager - 41

a) O&O refuses both kinds of cure, even if it is entitled to do so as a result of the arising expenses or

b) the cure is impossible or

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 par-

ticular 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 com-

pensation 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 contract was concluded. The

amount, when necessary, is to be calculated by estimation. As a result of this reduction, 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) cor-

rection 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 consent 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 dam-

ages 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.

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O&O Software PartitionManager 3 Server Edition Manuál Strana 46