Austria or Germany. (A) Notwithstanding anything otherwise set forth in Section 10. Warranties and Remedies (i) Provider warrants that any Appliance provided by Provider substantially conforms to the Documentation applicable to such Appliances and the Warranty Period and remedies for On-Premises Software shall apply mutatis mutandis to such Appliance, however, in case of third party products after Customer first contacted the manufacturer and the elimination of the defect failed; (ii) in Subsection a) the Warranty Period for the Software Warranty for On-Premises Software shall be changed from ninety (90) days to one (1) year and with regard to the remedies, if a replacement or error correction definitely fails, Customer may exercise its statutory warranty rights (price reduction, rescission, damage compensation subject to the following section Limitation of Liability); and (iii) for non-perpetual licenses the provisions in Subsection a) as it applies to On-Premise Software shall apply mutatis mutandis, except that the Warranty Period shall be for the duration of the relevant license term and the right to terminate for cause replaces the right to rescind the Agreement.
Austria or Germany. (A) Notwithstanding anything otherwise set forth in section 11.
Austria or Germany. The following replaces Section Limitation of Liability in its entirety: (i) The Parties accept unlimited liability for acts or omissions based on wilful misconduct or gross negligence. (ii) In case of slight negligence, the partie s are only liable in case of a violation of essential contractual duties in a manner that endangers the contract’s purpose or in case of a violation of duties that are indispensable for the proper execution of the contract. Liability for slight negligence is then limited to contract-typical, foreseeable damages. (iii) For claims according to the preceding section (ii) liability is further limited to 125% of the fees paid and/or owed (as applicable) by Customer for the Activities that are the subject of the breach.
Austria or Germany. The following replaces clause “Limitation of Liability” in its entirety: (i) The parties accept unlimited liability for acts or omissions based on willful misconduct or gross negligence. (ii) In case of slight negligence, the parties are only liable in case of a violation of essential contractual duties in a manner that endangers the Partner Order’s purpose or in case of a violation of duties that are indispensable for the proper execution of the Partner Order. Liability for slight negligence is then limited to contract-typical, foreseeable damages. (iii) For claims according to the preceding clause (ii) liability is further limited to the fees paid and/or owed (as applicable) by Partner for the Products, Maintenance Services or Professional Services that are the subject of the claim; for Maintenance Services or a Product subject to recurring fees, liability is further limited to the amount paid and/or owed (as applicable) for such Maintenance Service or Product during the twelve (12) months preceding.
