Common use of Austria Clause in Contracts

Austria. Section 16.H is deleted and replaced with: The laws of Austria govern this Agreement. The following is added to Section 16(E): In addition, Arcserve is entitled to bring action against Licensee in a court located in Licensee’s place of incorporation, establishment or permanent residence. The following is added to Section 8: Any liability for the slight negligence of Arcserve is excluded. The following is added to the Agreement: In the event the Licensee qualifies as a consumer according to Austrian Consumer Protection Act ("Konsumentenschutzgesetz" -"KSchG") Sections 6, 7, 8 and 11 of this Agreement are not applicable to the extent they reduce Arcserve’s liability and the consumer’s warranty.

Appears in 4 contracts

Samples: License Agreement, License Agreement, www.arcserve.com

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