Limitation of Liability for Users Residing in Germany and Austria Clause Samples

The "Limitation of Liability for Users Residing in Germany and Austria" clause restricts the extent to which a company can be held liable for damages or losses suffered by users in these countries. It typically outlines specific caps on liability, exceptions for cases such as intent or gross negligence, and may reference mandatory consumer protection laws that cannot be waived under local regulations. This clause ensures compliance with the stricter legal requirements in Germany and Austria, while also protecting the company from excessive financial exposure in these jurisdictions.
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Limitation of Liability for Users Residing in Germany and Austria. 17.1.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 10 does not apply. Instead, subject to the provisions in Section 17.1.2, Adobe’s statutory liability for damages shall be limited as follows: (a) Adobe shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the license agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (b) Adobe shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. 17.1.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries. 17.1.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this agreement.
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Limitation of Liability for Users Residing in Germany and Austria. 15.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 8 does not apply. Instead, subject to the provisions in Section 15.2.2, Tech Soft 3D and its affiliates' statutory liability for damages will be limited as follows: (i) Tech Soft 3D and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Tech Soft 3D and its affiliates will not be liable for damages caused by a slightly negligent breach of a non- material contractual obligation. 15.2.2 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries. 15.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this agreement.
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Limitation of Liability for Users Residing in Germany and Austria. 14.2.1 If Licensee obtained the Software in Germany or Austria, and Licensee usually resides in such country, then Section 9 does not apply. Instead, subject to the provisions in Section 14.2.2, Adobe and its affiliates’ statutory liability for damages will be limited as follows: (i) Adobe and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Adobe and its affiliates will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. 14.2.2 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries. 14.2.3 Licensee is required to take all reasonable measures to avoid and reduce damages, in particular to make back- up copies of the Software and Licensee’s computer data subject to the provisions of this agreement.
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Limitation of Liability for Users Residing in Germany and Austria. 14.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 8 does not apply. Instead, subject to the provisions in Section 14.2.2, Adobe and its affiliates’ statutory liability for damages will be limited as follows: (i) Adobe and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and
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Limitation of Liability for Users Residing in Germany and Austria. 14.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 8 does not apply. Instead, subject to the provisions in Section 14.2.2, SCB Consulting, LLC, and its affiliates' statutory liability for damages will be limited as follows: (i) SCB Consulting, LLC and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) SCB Consulting, LLC and its affiliates will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. 14.2.2 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries. 14.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this agreement.
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Limitation of Liability for Users Residing in Germany and Austria. 14.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 8 does not apply, Instead, subject to the provisions in Section 14.2.2, Stratasys’ statutory liability for damages shall be limited as follows: (i) Stratasys shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Stratasys shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. 15.2.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries. 15.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this License. 15.3.4 You acknowledge that the limitations and exclusions in this License are necessary and reasonable provisions, and that the Software would not be licensed by Stratasys and its suppliers, or would be licensed at significantly higher rates, in the absence of such limitations and exclusions. If you have any questions regarding this License or if you wish to request any information from Stratasys please use the address and contact information included with this product to contact the applicable Stratasys office serving your jurisdiction, which is available from Stratasys, or online at ▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇. Stratasys, Inc. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇-▇▇▇▇ ▇▇▇ + 1.800.937.3010 (US toll free) E-mail: ▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ Web site: ▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇ 009773/921594/1147521_2 ***. *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Securities and Exchange Commission.
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Limitation of Liability for Users Residing in Germany and Austria. 14.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 8 does not apply, Instead, subject to the provisions in Section 14.2.2, Stratasys’ statutory liability for damages shall be limited as follows: (i) Stratasys shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Stratasys shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. 15.2.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries. 15.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this License. 15.3.4 You acknowledge that the limitations and exclusions in this License are necessary and reasonable provisions, and that the Software would not be licensed by Stratasys and its suppliers, or would be licensed at significantly higher rates, in the absence of such limitations and exclusions.
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Limitation of Liability for Users Residing in Germany and Austria. 20.1 IF YOU OBTAINED THE SOFTWARE IN GERMANY OR AUSTRIA, AND YOU USUALLY RESIDE IN THAT COUNTRY, THEN SECTION 12 DOES NOT APPLY. INSTEAD, SUBJECT TO THE PROVISIONS IN SECTION 20.2, ADOBE’S STATUTORY LIABILITY FOR DAMAGES WILL BE LIMITED AS FOLLOWS: (A) ADOBE WILL BE LIABLE ONLY UP TO THE AMOUNT OF DAMAGES AS TYPICALLY FORESEEABLE AT THE TIME OF ENTERING INTO THE LICENSE AGREEMENT, WITH RESPECT TO DAMAGES CAUSED BY A SLIGHTLY NEGLIGENT BREACH OF A MATERIAL CONTRACTUAL OBLIGATION; AND (B) ADOBE WILL NOT BE LIABLE FOR DAMAGES CAUSED BY A SLIGHTLY NEGLIGENT BREACH OF A NON-MATERIAL CONTRACTUAL OBLIGATION. 20.2 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act, liability for assuming a specific guarantee, or liability for culpably caused personal injuries. 20.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of your computer data, subject to the provisions of this agreement.
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Limitation of Liability for Users Residing in Germany and Austria. 15.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 8 does not apply. Instead, subject to the provisions in Section 15.2.2, PROSTEP and its affiliates' statutory liability for damages will be limited as follows: (i) PROSTEP and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and
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Related to Limitation of Liability for Users Residing in Germany and Austria

  • Limitation of Liability of Manager As an inducement to your undertaking to render services pursuant to this Agreement, the Trust agrees that you shall not be liable under this Agreement for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, provided that nothing in this Agreement shall be deemed to protect or purport to protect you against any liability to the Trust, the Fund or its shareholders to which you would otherwise be subject by reason of willful misfeasance, bad faith or gross negligence in the performance of your duties, or by reason of your reckless disregard of your obligations and duties hereunder.

  • LIMITATION OF LIABILITY OF THE TRUSTEES, OFFICERS, AND SHAREHOLDERS A copy of the Agreement and Declaration of Trust of the Fund is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this instrument is executed on behalf of the Trustees of the Fund as Trustees and not individually and that the obligations of or arising out of this instrument are not binding upon any of the Trustees, officers or shareholders individually but are binding only upon the assets and property of the respective Fund.

  • LIMITATION OF LIABILITY OF THE MANAGER The Manager shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Fund in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on the Manager's part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement.

  • Limitation of Liability of the Adviser The Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the execution and management of the Fund, except for willful misfeasance, bad faith or gross negligence in the performance of its duties and obligations hereunder. As used in this Article 6, the term "Adviser" shall include Directors, officers and employees of the Adviser as well as that corporation itself.

  • Limitation of Liability of Adviser and its Personnel Neither the Adviser nor any director, manager, officer or employee of the Adviser performing services for the Trust at the direction or request of the Adviser in connection with the Adviser's discharge of its obligations hereunder shall be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with any matter to which this Agreement relates, and the Adviser shall not be responsible for any action of the Trustees of the Trust in following or declining to follow any advice or recommendation of the Adviser or any sub-adviser retained by the Adviser pursuant to Section 9 of this Agreement; PROVIDED, that nothing herein contained shall be construed (i) to protect the Adviser against any liability to the Trust or its shareholders to which the Adviser would otherwise be subject by reason of willful misfeasance, bad faith, or gross negligence in the performance of the Adviser's duties, or by reason of the Adviser's reckless disregard of its obligations and duties under this Agreement, or (ii) to protect any director, manager, officer or employee of the Adviser who is or was a Trustee or officer of the Trust against any liability of the Trust or its shareholders to which such person would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such person's office with the Trust.