Common use of Limitation of Liability for Users Residing in a Member State of the European Community Clause in Contracts

Limitation of Liability for Users Residing in a Member State of the European Community. If You obtained the Software in a Member State of the European Community, and You usually reside in such a country, then Section 9 (Limitation On and Exclusion of Damages) does not apply. Instead, except as provided in this paragraph, Mindjet’s statutory liability for damages shall be limited as follows: (i) Mindjet shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect to damages caused by a slightly negligent breach of a material contractual obligation, and (ii) Mindjet shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability caused by wrongful intent or gross negligence, to liability under the German Product Liability Act, to liability for assuming a specific guarantee, or to liability for culpably caused personal injuries. 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 XXXX.

Appears in 5 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

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Limitation of Liability for Users Residing in a Member State of the European Community. If You you obtained the Software in a Member State of the European Community, and You you usually reside in such a country, then Section 9 5 (Limitation On and Exclusion of DamagesLiability) does not apply. Instead, except as provided in this paragraph, Mindjet’s statutory liability for damages shall be limited as follows: (i) Mindjet shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect to of damages caused by a slightly negligent breach of a material contractual obligation, obligation and (ii) Mindjet shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability caused by wrongful intent or gross negligence, to liability under the German Product Liability Act, to liability for assuming a specific guarantee, or to liability for culpably caused personal injuries. You are required to take all reasonable measures to avoid and reduce damages, in particular, particular to make back-up copies of the Software and your computer data subject to the provisions of this XXXX.

Appears in 1 contract

Samples: End User License Agreement

Limitation of Liability for Users Residing in a Member State of the European Community. If You you obtained the Software in a Member State of the European Community, and You you usually reside in such a country, then Section 9 (Limitation On on and Exclusion of Damages) Damages section does not apply. Instead, except as provided in this paragraph, Mindjet’s statutory liability for damages shall be limited as follows: (i) Mindjet shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect to of damages caused by a slightly negligent breach of a material contractual obligation, and obligation and (ii) Mindjet shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability caused by wrongful intent or gross negligence, to liability under the German Product Liability Act, to liability for assuming a specific guarantee, guarantee or to liability for culpably caused personal injuries. You are required to take all reasonable measures to avoid and reduce damages, in particular, particular to make back-up copies of the Software and your computer data subject to the provisions of this XXXXagreement.

Appears in 1 contract

Samples: End User License Agreement

Limitation of Liability for Users Residing in a Member State of the European Community. If You you obtained the Software Mobile Application in a Member State of the European Community, and You you usually reside in such a country, then Section 9 f (Limitation On and Exclusion of DamagesLiability) does not apply. Instead, except as provided in this paragraph, Mindjet’s statutory liability for damages shall be limited as follows: (i) Mindjet shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement these terms in respect to of damages caused by a slightly negligent breach of a material contractual obligation, obligation and (ii) Mindjet shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability caused by wrongful intent or gross negligence, to liability under the German Product Liability Act, to liability for assuming a specific guarantee, or to liability for culpably caused personal injuries. You are required to take all reasonable measures to avoid and reduce damages, in particular, particular to make back-up copies of the Software Mobile Application (as necessarily and applicable) and your computer data subject to the provisions of this XXXXthese terms.

Appears in 1 contract

Samples: Mobile End User License Agreement

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Limitation of Liability for Users Residing in a Member State of the European Community. If You you obtained the Software Image Pack in a Member State of the European Community, and You you usually reside in such a country, then Section 9 (Limitation On and Exclusion of Damages) 12 does not apply. Instead, except as provided in this paragraph, Mindjet’s statutory liability for damages shall be limited as follows:, (i) Mindjet shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect to of damages caused by a slightly negligent breach of a material contractual obligation, and obligation and (ii) Mindjet shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability caused by wrongful intent or gross negligence, to liability under the German Product Liability Act, to liability for assuming a specific guarantee, guarantee or to liability for culpably caused personal injuries. You are required to take all reasonable measures to avoid and reduce damages, in particular, particular to make back-up copies of the Software Image Pack and your computer data subject to the provisions of this XXXXagreement.

Appears in 1 contract

Samples: Image Pack License Agreement

Limitation of Liability for Users Residing in a Member State of the European Community. If You obtained the Software in a Member State of the European Community, and You usually reside in such a country, then Section 9 (Limitation On and Exclusion of Damages) does not apply. Instead, except as provided in this paragraph, MindjetCorel’s statutory liability for damages shall be limited as follows: (i) Mindjet Corel shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect to damages caused by a slightly negligent breach of a material contractual obligation, and (ii) Mindjet Corel shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability caused by wrongful intent or gross negligence, to liability under the German Product Liability Act, to liability for assuming a specific guarantee, or to liability for culpably caused personal injuries. 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 XXXX.

Appears in 1 contract

Samples: End User License Agreement

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