User Manual

User's guide O&O DiskImage End user license agreement
(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.
(13) If it turns out that a reported problem did not arise as a result of a defect in the software, O&O
is entitled to invoice you, according to the amount charged in its price lists for such services, the
expenses for analysis and correction of the problem if you can be accused of malice or gross
negligence.
(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 damages 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.
You are responsible for making a standard backup of your data at least once a day. For data loss
caused by O&O, O&O is only liable for the expense of duplicating the data on your backup copies
that need to be created and for the restoration of data, which would have also been lost during a
standard backup procedure.
7. Final provisions
(1) You may only balance claims from O&O with indisputable or legally valid claims.
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