keyboard_tab Contratti digitali 2019/0770 EN

index proper:

• 1 Article 1 Subject matter and purpose
• 1 Article 10 Third-party rights

cloud tag:

• digital_content 5
• digital_service 4
• article 3
• supply 3
• conformity 3
• remedies 3
• such 2
• contract 2
• rules 2
• particular 2
• purpose 2
• consumer 2
• lack 2
• rights 2
• from 1
• resulting 1
• property 1
• violation 1
• restriction 1
• right 1
• third 1
• party 1
• intellectual 1
• limits 1
• prevents 1
• modification 1
• accordance 1
• articles 1
• member 1
• states 1
• shall 1
• ensure 1
• entitled 1
• provided 1
• unless 1
• national 1
• provides 1
• nullity 1
• rescission 1
• third-party 1
• proper 1
• exercise 1
• requirements 1
• internal 1
• market 1
• while 1
• providing 1
• high 1
• level 1
• protection 1

and the number of total unique words without stopwords is: 69

Article 10

Third-party rights

Where a restriction resulting from a violation of any right of a third party, in particular intellectual property rights, prevents or limits the use of the digital_content or digital_service in accordance with Articles 7 and 8, Member States shall ensure that the consumer is entitled to the remedies for lack of conformity provided for in Article 14, unless national law provides for the nullity or rescission of the contract for the supply of the digital_content or digital_service in such cases.

whereas

• (52) In order to work properly, the digital_content or digital_service needs to be correctly integrated into the consumer's hardware and software environment.

    A lack of conformity of the digital_content or digital_service that results from an incorrect integration should be regarded as a lack of conformity of the digital_content or digital_service itself, where it was integrated by the trader or under its control, or by the consumer following the trader's instructions for integration, and the incorrect integration was due to shortcomings in the required integration instructions, such as incompleteness or a lack of clarity making the integration instructions difficult to use for the average consumer.


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• (53) Restrictions of the consumer's use of the digital_content or digital_service in accordance with this Directive could result from limitations imposed by the holder of intellectual property rights in accordance with intellectual property law.

    Such restrictions can arise from the end-user license agreement under which the digital_content or digital_service is supplied to the consumer.

    This can be the case when, for instance, an end-user licence agreement prohibits the consumer from making use of certain features related to the functionality of the digital_content or digital_service.

    Such a restriction could render the digital_content or digital_service in breach of the objective requirements for conformity laid down in this Directive, if it concerned features which are usually found in digital_content or digital_services of the same type and which the consumer can reasonably expect.

    In such cases, the consumer should be able to claim the remedies provided for in this Directive for the lack of conformity against the trader who supplied the digital_content or digital_service.

    The trader should only be able to avoid such liability by fulfilling the conditions for derogating from the objective requirements for conformity as laid down in this Directive, namely only if the trader specifically informs the consumer before the conclusion of the contract that a particular characteristic of the digital_content or digital_service deviates from the objective requirements for conformity and the consumer has expressly and separately accepted that deviation.


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• (54) Legal defects are a particularly important issue in relation to digital_content or digital_services, which are subject to intellectual property rights.

    Restrictions on the consumer's use of digital_content or a digital_service in accordance with this Directive could be a result of a violation of third-party rights.

    Such violation might effectively bar the consumer from enjoying the digital_content or digital_service or some of its features, for instance when the consumer cannot access the digital_content or digital_service at all or cannot do so lawfully.

    That might be due to the fact that the third party rightfully compels the trader to stop infringing those rights and to discontinue offering the digital_content or digital_service in question or that the consumer cannot use the digital_content or digital_service without infringing the law.

    In the event of a violation of third-party rights that results in a restriction that prevents or limits the use of the digital_content or digital_service in accordance with the subjective and objective requirements for conformity, the consumer should be entitled to the remedies for the lack of conformity, unless national law provides for the nullity of the contract, or for its rescission, for example for breach of legal warranty against eviction.


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