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THEOR , ONLY TO THE EXTENT THAT THE DAMAGE WAS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IMPUTABLE TO APPLE. THE LIMITATION OF LIABILITY UNDER THIS SEC. 4 SHALL ALSO APPLY TO THE LIABILITY OF APPLE’S EMPLOYEES AND AGENTS MANDATORY LIABILITY UNDER THE PRODUCT LIABILITY ACT, IN THE EVENT OF DEATH OF A NATURAL PERSON OR PERSONAL INJURY TO THE LATTER, OR OF A SLIGHTLY NEGLIGENT VIOLATION OF A FUNDAMENTAL DUTY UNDER THE PLAN, SHALL REMAIN UNAFFECTED. ANY LIABILITY FOR VIOLATION OF A FUNDAMENTAL DUTY UNDER THE PLAN WHICH IS NOT BASED ON GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR ON THE DEATH OF A NATURAL PERSON OR PERSONAL INJURY TO THE LATTER, SHALL BE LIMITED TO SUCH DAMAGE AS COULD HAVE REASONABLY BEEN FORESEEN. THE FOREGOING SHALL NOT AFFECT ANY SHIFT IN A BURDEN OF PROOF TO YOUR DISADVANTAGE.

Section 5 - If you cancel more than 30 days after your receipt of this Plan, you will receive a pro- rata refund of the Plan’s original purchase price, less a cancellation fee of €25.00 or 10 per cent of the pro-rata amount, whichever is less.

Secs. 7.e to 7.g - Secs. 7.e to 7.g shall not apply to any personal data collected or processed by Apple through an establishment of Apple in Germany. Where legally required, Apple will separately ask you for your consent with regard to such data.

IRELAND SECTION 4 - SECTION 4 IS REPLACED BY THE FOLLOWING:

4.1- IF YOU ARE A CONSUMER, NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR BREACH OF ANY TERM IMPLIED BY STATUTE.

    • 4.2

      - IF YOU ARE NOT A CONSUMER:

      • -

        THESE TERMS AND CONDITIONS SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND

LIABILITIES IN RESPECT OF THE PROGRAM;

  • -

    THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US EXCEPT

AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS; AND

  • -

    ANY WARRANT , CONDITIONS OR OTHER TERM CONCERNING THE PROGRAM WHICH MIGHT

OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THESE TERMS AND CONDITIONS BY STATUTE, COMMON LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY IMPLIED TERM AS TO QUALIT , FITNESS FOR PURPOSE, REASONABLE CARE AND SKILL) IS HEREBY EXPRESSLY EXCLUDED. IN PARTICULAR, APPLE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PROGRAM IS

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