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License Agreement for Cubase AI 4

TOOLS for n Version2/Cubase AI 4 Installation Guide

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 limitation 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 Agreement, for the

duration of ninety (90) days as of receipt of the software, that the software

executes essentially the functions described in the enclosed documenta-

tion at receipt, provided that the software is employed according to the

minimum requirements for the operating system and the computer hard-

ware. Insigniﬁcant differences of the functions described in the documen-

tation do not justify any warranty 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 Stein-

berg’s only obligation consists in an exchange of the softwar e 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 Version 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 liability for you

as ﬁrst buyer of the software located outside the EU is speciﬁed in Sub-

section 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 limitation of liability

shall apply.

12.2.1.

Irrespective of the legal grounds Steinberg shall only be liable to compen-

sate or replace futile expenses in accordance with the following stipula-

tions.

12.2.2.

Steinberg shall be liable for damages caused by the intentional or gr ossly

negligent conduct of Steinberg, its legal representatives, managerial

employees or any other vicarious agents and damages arising fr om

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 gr ossly

negligent conduct of Steinberg, Steinberg shall only be liable wher e an

obligation is violated, the fulﬁllment of which is of particular 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 ef fort 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 limitation of liabil-

ity shall apply.

12.3.1.

Except for the aforementioned rights Steinberg or Steinberg’s authorized

distributors assume no liability for loss, damages, claims or costs of any

type, direct or indirect damages including consequential 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, damages, costs or claims. This limita-

tion shall apply also in the event of a fundamental breach of this Agree-

ment.

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 softwar e,

if any.

12.3.3.

The aforementioned restrictions shall not apply in countries where a limita-

tion 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 writ-

ing; 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 regulation which comes as close as possible to the commercially

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 Fed-

eral 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. Steinberg can bring

an action against you at your general place of jurisdiction.

Conforms to environments: E1, E2, E3, E4

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