License Agreement for Cubase AI 4
Getting Started
29
ENGLISH
11.3. Limited Warranty outside the EU: In the event that you as a first
buyer of the software are located outside the EU, the following limi-
tation of liability shall apply.
11.3.1.
Steinberg ensures (“gewährleistet”) to the person who acquires first-
time the license for the use of the software according to this Agree-
ment, for the duration of ninety (90) days as of receipt of the soft-
ware, that the software executes essentially the functions described
in the enclosed documentation at receipt, provided that the software
is employed according to the minimum requirements for the operat-
ing system and the computer hardware. Insignificant differences of
the functions described in the documentation do not justify any war-
ranty claim. Other documents and statements are insignificant in
terms of the quality of the product.
11.3.2.
If the software does not essentially fulfill the functions described in
the documentation, your only warranty claim against Steinberg and
Steinberg’s only obligation consists in an exchange of the software
or a refund of the selling price at the discretion of Steinberg.
11.3.3.
Further warranty obligations according to the laws of your country
remain unaffected. However, there exists no warranty for Trial Ver-
sion Software.
12. Limitation of Liability
12.1. The limitation of liability for you as first buyer of the software located
within the EU is specified in Subsection 12.2 and the limitation of lia-
bility for you as first buyer of the software located outside the EU is
specified in Subsection 12.3 of this Agreement.
12.2. Limitation of Liability within the EU: In the event that you as a fi rst
buyer of the software are located within the EU, the following limita-
tion of liability shall apply.
12.2.1.
Irrespective of the legal grounds Steinberg shall only be liable to
compensate or replace futile expenses in accordance with the fol-
lowing stipulations.
12.2.2.
Steinberg shall be liable for damages caused by the intentional or
grossly negligent conduct of Steinberg, its legal representatives,
managerial employees or any other vicarious agents and damages
arising from death, bodily damage and damage to 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). 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 are typically to be
expected within the scope of an agreement such as the present
one. Any further liability under this Agreement shall be excluded.
12.2.3.
In the case of damage caused neither by intentional nor by the
grossly negligent conduct of Steinberg, Steinberg shall only be lia-
ble where an obligation is violated, the fulfillment of which is of par-
ticular significance to the achievement of the contractual purpose
(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 damages according to
this subsection shall be excluded.
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 apply for the benefi t
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 fi rst
buyer of the software are located outside the EU, the following limi-
tation of liability shall apply.
12.3.1.
Except for the aforementioned rights Steinberg or Steinberg’s autho-
rized distributors assume no liability for loss, damages, claims or
costs of any type, direct or indirect damages including consequen-
tial damages arising from business interruptions, injuries 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, dam-
ages, 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 inadmissible.
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 agreements 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 stip-
ulations. The invalid stipulation shall be deemed to be replaced by
the parties with a valid regulation which comes as close as possible
to the commercially desired purpose originally intended for the inef-
fective 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 Convention on the Inter-
national Sale of Goods (CISG) shall not apply.
14.5. The exclusive place of jurisdiction with respect to all disputes based
on or in connection with this Agreement shall be Hamburg. Stein-
berg can bring an action against you at your general place of juris-
diction.
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