Common use of Limitation of Liability for Users Residing in Germany and Austria Clause in Contracts

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 (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 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.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

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Limitation of Liability for Users Residing in Germany and Austria. 14.2.1 If you Licensee obtained the Software in Germany or Austria, and you Licensee usually reside resides in such country, then Section 8 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- 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 Licensee is required to take all reasonable measures to avoid and reduce damages, in particular to make back-back- up copies of the Software and your Licensee’s computer data subject to the provisions of this agreement.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Limitation of Liability for Users Residing in Germany and Austria. ‌ 14.2.1 13.2.1 If you Licensee obtained the Software in Germany or Austria, and you Licensee usually reside resides in such country, then Section 8 does not apply. Instead, subject to the provisions in Section 14.2.213.2.2, 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- non-material contractual obligation. 14.2.2 13.2.2 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 13.2.3 Licensee is required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your Licensee’s computer data subject to the provisions of this agreement.

Appears in 1 contract

Samples: Software License Agreement

Limitation of Liability for Users Residing in Germany and Austria. ‌ 14.2.1 12.1.1 If you Licensee obtained the Software SDK Components in Germany or Austria, and you Licensee usually reside resides in such country, then Section 8 6 does not apply. Instead, subject to the provisions in Section 14.2.212.1.2, 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- non-material contractual obligation. 14.2.2 12.1.2 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 12.1.3 Licensee is required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software SDK Components and your Licensee’s computer data subject to the provisions of this agreement.

Appears in 1 contract

Samples: Software License 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 (ii) Adobe and its affiliates will not be liable for damages caused by a slightly negligent breach of a non- 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.

Appears in 1 contract

Samples: Software License Agreement

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