92
in the HD+ Service where elimination does not
require replacement of the HD+ Card. The costs for
availment of the HD PLUS customer service shall
be borne by the user. Temporary impairment of
reception due to atmospheric disturbances or the
failure of transmitters or satellites shall not entitle
the user to any reduction in price.
9 Liability
9.1 HD PLUS shall only incur liability where HD PLUS,
its agents and/or statutory representatives can
be charged with intent or gross negligence.
9.2 In the event of prejudice due to slight negligence
HD PLUS shall only be liable where a major
contractual obligation has been breached or in the
case of default or frustration. In such cases liability
shall be limited to the typically foreseeable losses.
9.3 HD PLUS shall not be liable where there is any
temporary impairment in reception of the range
of channels beyond the control of HD PLUS, in
particular with failure of the satellite signal for
which HD PLUS is not responsible.
9.4 HD PLUS shall not be responsible for the decoded
channels and their content which it has made
accessible.
9.5 The liability of HD PLUS provided for by law
regardless of fault, in particular its liability pursuant
to the Product Liability Act and its statutory liability
for breach of warranty, shall remain unaffected by
the above limitations of liability. This shall likewise
apply to the liability of HD PLUS in the event of
culpable injury to life, limb or health on the part
of a user. No-fault liability as provided for under
§ 536a German Civil Code shall be excluded
where an HD+ Card is supplied to the user
by HD PLUS.
9.6 Items 9.1, 9.2 and 9.5 encompass all contractual
and statutory claims which can be asserted
regarding utilisation of the HD+ Service.
10 Duration and Termination of Contract and
Modifi cation of HD+ Service
10.1
The contract governing utilisation of the HD+
Service shall extend for the period of time agreed
in each case from the date of activation of the HD+
Card and can be renewed by the user provided that
his HD+ Card has not been blocked as provided
for under item 1.7. Any rights of exceptional
termination shall remain unaffected thereby.
10.2 The user shall not be entitled to effect exceptional
termination because there is a change during
the term of the contract in the number or
composition of the range of channels which
can be decoded by the user with the help of the
HD+ Software.
10.3 Where the HD+ Service is terminated by HD
PLUS following the issue of a warning notice in
the circumstances described under item 7.3, HD
PLUS shall be entitled to claim compensation in
accordance with the statutory provisions.
11 Data
Protection
Details about data processing can be found
in the data protection information sheet
(cf. www.hd-plus.de/datenschutz).
12 Final
Provisions
12.1 HD PLUS shall be entitled to assign its rights and
obligations ensuing under the present contract
either partially or in their entirety to a third party
who is
fi
t to uphold the contract in the proper
manner. The user shall be entitled in such case to
terminate the contractual relationship with effect
from the date on which assignment takes place.
12.2 The law of the Federal Republic of Germany
shall apply. The application of UN Law on the
International Sale of Goods shall be excluded.
Status: March 2010
General Terms and Conditions of Business for HD+
Summary of Contents for UFS 931sw/HD+
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