Common use of Other Liability Restrictions and Limitations Clause in Contracts

Other Liability Restrictions and Limitations. 4.1. Claims for damages on the basis of simple negligence on the part of VERBI are limited to cases of foreseeable or typically occurring damages. 4.2. Warranty is only granted if the Software is installed according to the system requirements described on the VERBI webpage (▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/products/system-requirements). VERBI is therefore not required to ensure that the Software's functions meet the specific requirements of the Customer or work in conjunction with components in the Customer's specific hardware configuration. The selection, installation and use of the Software as well as the desired results are the responsibility of the Customer. 4.3. Any warranty or liability is excluded for consequences resulting from alterations made by the Customer or a third party to the Software or through improper handling or incorrect operation of the Software. 4.4. VERBI does not accept any liability for the loss of data or damages to systems due to the use of the product, unless VERBI caused the loss intentionally or through gross negligence and the Customer had taken reasonable precautions to ensure that a data backup were carried out according to the latest technological standards and at appropriate intervals (at least once per day), so that the data could reasonably be reconstructed. 4.5. The above limitations do not relate to claims of the Customer, so long as the damage is due to intent, gross negligence, injury to body, life or health, infringement of a guarantee claim and claims pursuant to §§ 1 and 4 of the German Product Liability Act. VERBI's liability for software not covered by this agreement is excluded. 4.6. To the extent to which liability is limited or excluded, this shall also apply to personal liability on the part of VERBI's employees, representatives or agents.