Specifications

License Agreement for Cubase AI 4
Operation Manual
27
ENGLISH
cant differences of the functions described in the docu-
mentation 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 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 war-
ranty for Trial Version Software.
12. Limitation of Liability
12.1. The limitation of liability for you as first buyer of the soft-
ware 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 Subsection
12.3 of this Agreement.
12.2. Limitation of Liability within the EU: In the event that you as
a first 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 compensate or replace futile expenses in accor-
dance with the following 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 Stein-
berg’s liability for damages pursuant to the Product Liabil-
ity 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 dam-
ages which are typically to be expected within the scope
of an agreement such as the present one. Any further lia-
bility 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 liable where an obligation is violated, the ful-
fillment of which is of particular significance to the
achievement of the contractual purpose (cardinal obliga-
tion). 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 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 Stein-
berg’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 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 coun-
tries 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 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 reg-
ulation 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.