MANUAL
19
LIMITATION OF LIABILITY
1.) Subject to the provisions in the following sub-sections, Steinberg shall only be liable, irrespective of the legal grounds, for damages
caused by the intentional or grossly negligent conduct of Steinberg, its legal representatives, managerial employees or any other vicari-
ous agents. In the case of damage caused by the grossly negligent conduct of any other vicarious agents, the liability shall be limited to
those damages which must typically be expected within the scope of an agreement such as the present one. Any further liability other
than as permitted under this agreement shall be excluded.
2.) Any liability of Steinberg for damages arising from violation of life, body and health, from the assumption of a guarantee or from a
procurement risk as well as Steinberg's liability for damages pursuant to the Product Liability Act (Produkthaftungsgesetz) shall remain
unaffected.
3.) To the extent the liability of Steinberg is excluded pursuant to the subsections of these provisions, this shall also apply to the benet
of Steinberg's employees in the event the Licensee les any claims directly against them.
PRODUCT WARRANTY
1.) Steinberg licences the VST PlugIn Interface Technology on an "AS IS" basis. Steinberg makes no warranties, express or implied,
including without limitation the implied warranties of merchantability and tness for a particular purpose, regarding the VST PlugIn
Interface Technology or operation and use in combination with the Licensee’s program. Neither the Licensee, its employees, agents or
Distributors have any right to make any other representation, warranty or promise with respect to the VST PlugIn Interface Technology.
2.) In no event shall Steinberg be liable for incidental, indirect or consequential damages arising from the use, or distribution of the VST
PlugIn Interface Technology by the Licensee, whether theory of contract, product liability or otherwise. All claims for indemnication
for losses by the Licensee itself or by third parties shall be excluded.
3.) Steinberg may in its sole discretion discontinue the distribution of the current VST PlugIn SDK and/or release improved versions of
the Licensed Software Developer Kit but offers no commitment whatsoever those releases will occur at any time or for anybody.
INFRINGEMENT
1.) Steinberg represents and warrants that, as of the date of this Agreement, it is not aware of any claim or action alleging that VST, the
VST PlugIn Interface Technology, or the content of the Licensed Software Developer Kit infringes any third party intellectual property
right.
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