Operation Manual

151
General terms and conditions of business for HD+
8.3 HD PLUS points out that it is not possible to develop
software programs that ensure faultless operation
for all requirements.
8.4 HD PLUS shall immediately eliminate, in the
framework of its existing technical and operational
facilities, all reported malfunctions in the HD+
Service where elimination does not require
replacement of the HD+ Card. The costs for usage
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.
Issue: August 2010