manual

End user license agreement 2.1 (EULA)
O&O CleverCache - 40
Should a change of the program be required as part of the cure, O&O will make the necessary changes in
the documentation without any charges.
(8) After the unsuccessful expiration of a deadline you set for cure, you can cancel the contract or reduce
the purchase price and demand compensation instead of service or the replacement of any futile expen-
ditures.
(9) A deadline is not required when
a) O&O refuses both kinds of cure, even if it is entitled to do so as a result of the arising expenses or
b) the cure is impossible or
c) the cure is unacceptable to you or
d) the cure is unsuccessful.
A subsequent improvement is considered a failure after the second unsuccessful attempt unless there is
something particular about the type of software or the defect itself or the surrounding circumstances that
would indicate otherwise.
(10) You are not entitled to cancel the contract if the defect is negligible, nor may you, in this event,
demand compensation instead of full service.
(11) In the event of cancellation, compensation is due for any uses made. The compensation for use will be
based on a four year, straight-line depreciation of the purchase price.
(12) As a result of the abatement, the purchase price will be reduced by the amount which is calculated for
deducting the defect from the value of the software. The standard used will be its value at the time the con-
tract was concluded. The amount, when necessary, is to be calculated by estimation. As a result of this
reduction, any amount larger than that paid for the reduced purchase price will be refunded.
If it turns out that a reported problem did not arise as a result of a defect in the software and if you can be
accused of malice or gross negligence, then O&O is entitled to invoice you for: 1) services; 2) the expenses
for analysis and; 3) correction of the problem, according to the amount stated in the price list.
(14) The seller’s warranty is canceled when changes are made on the software without expressed written
consent or when the software is not used as intended or used in an improper software environment, unless
you can prove that these facts had nothing to do with the problems that occurred.
6.Limitation of compensation
(1) O&O is liable for compensation for every legal ground to the extent described in the following pro-
visions.
(2) The extent of liability of O&O for damages caused by malice or gross negligence arising from O&O
itself or one of its vicarious or legal agents is unlimited.
(3) There is no limit to the extent of liability of O&O or any of its legal or vicarious agents for damages
involving injury to life, physical well-being or health, or for simple breach of duty.
(4) There is unlimited liability for damages caused by serious organizational fault on the part of O&O as
well as for damages arising from a missing guaranteed characteristic.