- PPT Solutions b.v. liability regardless of negligence or fault with regard to initial defects of the Software is hereby excluded.
- In the event of a defect of the Software, YOU are only entitled to claim supplementary performance and delivery of the Software free of defects, pursuant to Section 5 (Installation, Support and Updates), above.
- In case that the supplementary performance and delivery of the Software finally fails within reasonable time or if the supplementary performance and delivery of the Software is not reasonable at all, YOU shall be entitled to withdraw from this SLA by giving written notice to PPT Solutions b.v. In the event of YOUR withdrawal from this SLA YOUR claims for damages due to the termination of this SLA are restricted to the reimbursement of the Fee paid to PPT Solutions b.v., pursuant to Section 4 (License Fee), above. The reimbursement of the Fee is limited on a pro-rata basis to the time period during which YOU are not able to use the Software.
- PPT Solutions b.v. is liable without any restriction 1) in case of willful misconduct or gross negligence, 2) in case of bodily injury and/or injury of health, and 3) according to the applicable provisions of the Dutch law.
- In case of a slightly negligent violation of a main contractual duty of this SLA, which has to be fulfilled in order to enable the execution of this SLA in an orderly manner and on whose fulfillment YOU could usually rely and whose violation would endanger the achievement of the purpose of this SLA, YOUR claims against PPT Solutions b.v. under this SLA are limited to direct losses which are foreseeable and typical for this type of software license agreement. The liability of PPT Solutions b.v. for loss of, or damage to, data is limited to the refund of the typical effort for data recovery in case of regular and suitable security backups by YOU.
- PPT Solutions b.v. shall not be liable for any other slightly negligent violation of any contractual and/or statutory duty. Under no circumstances PPT Solutions b.v. shall be liable for any loss of use, interruption of business, or any direct, indirect, special, incidental, and/or consequential damages of any kind, including loss of, or damage to, data, lost profits, business, revenue, goodwill, or anticipated savings, even if informed of their possibility. YOU assume the entire risk as to the quality and performance of the Software. As some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above limitation or exclusion may not apply to YOU in full, but shall be interpreted to apply to the maximum extent permissible under applicable law.
- PPT Solutions b.v. is not liable for damages of any kind which are caused by unauthorized use of the Software and/or use of software that is not authorized by PPT Solutions b.v. Software is authorized by PPT Solutions b.v., if and only if it is electronically signed by PPT Solutions b.v. code signing certificate.