Miglia Technology manual AlchemyTV DVR User Guide

5.3Should 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.

5.4Miglia 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.

5.5Unless 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.

5.6In the case of an unfounded complaint, you are obliged to refund to Miglia the expenses resulting from the check-up.

6. Damages

6.1A 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.

6.2In 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.

6.3As 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.

AlchemyTV DVR™ User Guide

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