General Terms and Conditions of Arjada GmbH
Updated July 2016

8. Liability and Warranty

8.1 Liability
Arjada GmbH is not liable for damage, when it is demonstrably apparent that defects and malfunctions, as well as loss of data, were caused by the Customer’s improper use of the arja.beryll® program or disregard of the operation recommendations specified in paragraph 11 below (customer guideline). Arjada GmbH is likewise not liable when, for reasons beyond its control, it is prevented from fulfilling its contractual obligations in a timely and proper manner.

As a general rule, Arjada GmbH is liable for data loss or damage to the program only in the demonstrable event of intent or gross negligence on its part. The limitation of liability applies equally for damage caused by intent or gross negligence on the part of employees or representatives of the contractor.

To the extent permitted by applicable law, Arjada GmbH is liable only for intent and gross negligence on its part. If at fault, liability for direct damage, including claims based on non-fulfillment, default or negligence, shall be limited, to the extent permitted by applicable law, to a maximum of twice the annual license fee per claim.

To the extent permitted by applicable law, Arjada GmbH does not assume liability for itself or its employees or contractors in the event of indirect or consequential damages resulting from the use of arja.beryll® programs and the outcome thereof, such as loss of profit, other losses or unrealized savings, additional expenses based on reduced operation or failure or claims against third parties.

8.2 Warranty
8.2.1 Legal Guarantees
Arjada GmbH affirms that it holds all relevant property rights, in particular the copyright, of the arja.beryll® program, as well as the pertinent rights of use and distribution, and that no third party rights to them exist and it is not aware of any third party rights to them.

8.2.2 Product Guarantees (all versions)
Without the prior written consent of Arjada GmbH, the following uses of the software in particular are prohibited:

Arjada GmbH warrants that the arja.beryll® program is delivered without defects or errors that nullify or impair its serviceability and fitness for the agreed-upon and ordinary use. The Customer is aware that, based on the state of technology, it is impossible to provide an absolutely flawless program, and the Customer accepts this.

(arja.beryll® pearl)
Arjada GmbH guarantees availability of the external server to the Customer, as well as the internet connection from the external server to the internet backbone up to 94%. Access to the internet and corresponding connections are controlled exclusively by the Customer.

The Customer has access to the external server and to the server space rented by the Customer for 23 hours a day on 360 days of the year. Arjada GmbH guarantees maximum data safety of any Customer data stored on the external server, as Arjada GmbH stores all data and information with which it has been entrusted in a form that is neutral for any third party.

(arja.beryll® light, easy, pro, peer, pearl und circle)
The use of arja.beryll® software shall be at the sole risk of the Customer. Apart from that the Customer is aware that, for technical reasons, it is impossible to deliver flawless software in each and every case. In particular, Arjada GmbH does not make any compatibility promises. Arjada GmbH guarantees that for a period of 90 (ninety) days from the time of installation the software will function essentially according to the specifications provided.

This warranty does not apply if failure of the software is due to improper use, abuse or misapplication. Neither the manufacturer nor its vendors are liable for any damages sustained in connection with arja.beryll® software. In any event, Arjada GmbH’s liability is limited to the amount, which the Customer actually paid for the product. This does not apply to damage caused intentionally or through gross negligence by the user. In this case Arjada GmbH assumes no liability whatsoever. On no account is Arjada GmbH liable for atypical and unforeseeable consequential damages.

Any alterations made by the Customer to the files provided by Arjada GmbH, such as program files, program names, scripts, fields, etc., automatically result in the immediate termination of any right to warranty or liability for defects. Any troubleshooting, repair work to the data structure or modifications performed by Arjada GmbH shall be invoiced at cost.

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