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AlchemyTV DVR™ User Guide
Page 54
5.3 Should the software be faulty, the original CD on which the software is memorized has to be
properly packed and returned to the authorized trader. In every case the complaint about the
software has to be made by including your name, address, telephone number and a description of
the defect and the system configuration.
5.4 Miglia reserves the right to decide if repairing or replacing the faulty software grants the possible
guarantee. If the repair and / or replacement are not successful, you can choose between a
deduction and a cancellation of the contract.
5.5 Unless an alteration, extension or damage is not the cause for the defect, no guarantee is
granted for software that has been altered, extended or damaged.
5.6 In the case of an unfounded complaint, you are obliged to refund to Miglia the expenses
resulting from the check-up.
6. Damages
6.1 A contractual or extra-contractual duty to pay for damages exists for Miglia or his representatives
only if
a) the damage is due to total negligence or the missing of a promised quality of the software or
deliberately caused,
b) a fundamental duty was at least slightly neglected by Miglia or
c) Miglia is liable due to compelling legal regulations based on the producers’ or product liability.
6.2 In the case of Miglia being liable, according to the former para-graph b) for slight negligence, the
following applies: Miglia’s liability for indirect damages and damages following a defect and missed
profits is excluded.
The liability is at least limited to the fortune disadvantage that Miglia should have foreseen as a
possible consequence of contract infringement when signing the contract under consideration of the
circumstances that Miglia had known or should have known. There is no guarantee for the loss of
data except if this loss could not have been avoided by regularly saving the data in machine-readable
form daily saving for business transactions. Furthermore, no liability is taken for damages that are
caused by other defects of the software that could have been avoided by a regular, timely check of
the processed work.
6.3 As long as damages do not expire earlier, according to the legal regula-tions they expire – with
the exception of claims resulting from illegal action and founded on the law of product liability – at
the latest after a pe-riod of two years after reception of the faulty device.
7. Final Regulations
This license contract and its interpretation are subject to German legisla-tion. This license contract
contains the complete agreement between the parties concerning the object of the contract.
Amendments and additions of this contract are only effective in written form. Ineffective regulations
are replaced by effective regulations that come closest to the desired economical success.