KERN & SOHN SCD-4.0 - Manual (Page 24)

24 SCD-BA-e-1444
§ 3 Software Warranty
1.
If there are faults present in the software, the licensor shall either repair or deliver in addition
(supplementary performance) according to licensee’s choice.
2.
If the licensor is unwilling or unable to provide supplementary performance or if the deadline for such
supplementary performance is exceeded for reasons that are the responsibility of the licensor or if
supplementary performance fails in any other way, the licensee shall be entitled within the framework
of existing legislation to further warranty claims.
§ 4 Liability of the Licensor
1.
The licensor shall accept liability for deliberate action and gross negligence. The licensor shall accept
liability for ordinary negligence only insofar as major obligations have been violated. The licensor’s
liability for ordinary negligence shall be limited in value to the foreseeable damage typical of the
contract.
2.
In case of initial impossibility, the licensor shall only accept liability if he was aware of the performance
ratio or if he was unaware of it due to gross negligence.
3.
Claims for defect and claims for compensation shall be time-barred after one year from the
commencement of the statute of limitations period.
4.
The limitations of liability above shall not apply to claims made for injury to life, limb or health resulting
from negligent breach of duty by the licensor or deliberate or negligent breach of duty by a legal
representative or persons employed in performing an obligation of the licensor.
5.
The licensor shall not accept liability in case of any use by the licensee contrary to the terms of this
agreement.