CI2 Operation Manual 31
License Agreement for Software
English
12.2.3 In the case of damage caused neither by intentional
nor by the grossly negligent conduct of Steinberg,
Steinberg shall only be liable where an obligation is
violated, the fulfillment of which is of particular sig-
nificance to the achievement of the contractual pur-
pose (cardinal obligation). In this case, the
restrictions of liability pursuant to the foregoing
subsection 12.2.2 sentences 2 and 3 shall apply. In
case of Trial Version Software, the liability for dam-
ages according to this subsection shall be ex-
cluded.
12.2.4 The liability for loss of data shall be limited to the
typical cost and effort of retrieving the data which
would have occurred, if the data had been stored
properly and in a risk-adequate manner.
12.2.5 This limitation of liability for Steinberg shall also ap-
ply for the benefit of Steinberg's employees in the
event that any claims are filed directly against them.
12.3 Limitation of Liability outside the EU: In the event that you
as a first buyer of the software are located outside the EU,
the following limitation of liability shall apply.
12.3.1 Except for the aforementioned rights Steinberg or
Steinberg's authorized distributors assume no liabil-
ity for loss, damages, claims or costs of any type, di-
rect or indirect damages including consequential
damages arising from business interruptions, inju-
ries to persons, or lack of due care or claims of
third parties, even if a representative of Steinberg
was informed about the possibility of such losses,
damages, costs or claims. This limitation shall apply
also in the event of a fundamental breach of this
Agreement.
12.3.2 The total liability of Steinberg and its distributors in
the context of this Agreement shall be limited to
the amount which was paid for the software, if any.
12.3.3 The aforementioned restrictions shall not apply in
countries where a limitation of liability is inadmissi-
ble.
13 Infringement
You should inform Steinberg promptly in writing if a
third party raises any claim against your use of the
software. Steinberg may defend you, if you reasonably
support Steinberg.
14 Final Provisions
14.1 This Agreement constitutes the entire understanding of
the subject matter between the parties. Subsidiary agree-
ments have not been concluded.
14.2 Supplements and amendments of this Agreement must be
made in writing; a waiver of the requirement of the written
form must also be made in writing.
14.3 If any stipulation of this Agreement should be or become
invalid, in whole or in part, this shall not affect the validity
of the remaining stipulations. The invalid stipulation shall
be deemed to be replaced by the parties with a valid regu-
lation which comes as close as possible to the commer-
cially desired purpose originally intended for the
ineffective provision; the same shall apply in the case of a
lacuna.
14.4 This Agreement shall be governed and construed by the
laws of the Federal Republic of Germany and the UN Con-
vention on the International Sale of Goods (CISG) shall not
apply.
14.5 The exclusive place of jurisdiction with respect to all dis-
putes based on or in connection with this Agreement shall
be Hamburg. Steinberg can bring an action against you at
your general place of jurisdiction.
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