Local Law Requirements: Germany. With respect to Customers domiciled in Germany, Section 8 “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS”, Section 9.3 “Exclusive Remedy”, and Section 10 “LIMITATION OF LIABILITY” of this Agreement are replaced with the following sections respectively: 8 WARRANTIES FOR CUSTOMERS DOMICILED IN GERMANY
8.1 Agreed Quality of the Services. SFDC warrants that during an applicable subscription term (a) this Agreement, the Order Forms and the Documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data, (b) SFDC will not materially decrease the overall security of the Services, (c) the Services will perform materially in accordance with the applicable Documentation, and (d) subject to the “Integration with Non-SFDC Applications” section above, SFDC will not materially decrease the overall functionality of the Services.
8.2 Content. SFDC is not designating or adopting Content as its own and assumes no warranty or liability for Content. The parties agree that the “Reporting of Defects”, “Remedies resulting from Defects” and “Exclusions” section shall apply accordingly to SFDC’s responsibility in the event SFDC is deemed responsible for Content by a court of competent jurisdiction.
Local Law Requirements: Germany. With respect to Subscribers domiciled in Germany the following terms shall apply and amend or replace the respective sections 7.2, 7.3 and 9 in the Agreement:
Local Law Requirements: Germany. With respect to Providers domiciled in Germany, the following provisions below shall apply. In case of any conflict or discrepancy between the following provisions and these Terms, the following provisions shall prevail.
11.9.5.1. Section 7.2 "WARRANTY DISCLAIMER" is deleted. 11.9.5.2. Section 10.3 "Exclusive Remedy" is deleted. 11.9.5.3. The below "LIMITATION OF LIABILITY FOR PROVIDERS DOMICILED IN GERMANY" section shall apply to any claims resulting from the "Indemnification" section.
Local Law Requirements: Germany. Notwithstanding anything to the contrary in Section 8, OSF is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
Local Law Requirements: Germany. With respect to Customers domiciled in Germany, Section 8 “REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS”, Section 9.3 “Exclusive Remedy”, and Section 10 “LIMITATION OF LIABILITY” of this Agreement are replaced with the following sections respectively:
