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 was 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. VERBI shall not be liable for damages that are not caused by the Software itself; In particular, VERBI shall not be liable for lost profits of the Customer, which are attributable to the use of the product. 4.6. 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 and liability for Software or systems not covered by this agreement are excluded. 4.7. 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.

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. 4.22.1. 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. 4.32.2. 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. 4.42.3. 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 was 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. 4.52.4. VERBI shall not be liable for damages that are not caused by the Software itself; In particular, VERBI shall not be liable for lost profits of the Customer, which are attributable to the use of the product. 4.62.5. The above limitations do not relate to claims VERBI is liable without limitation for intent and gross negligence as well as for slight negligence in the event of the Customer, so long as the damage is due to intent, gross negligence, resulting from injury to body, life or health. In other cases of slight negligence, infringement VERBI is only liable in the event of a guarantee claim breach of such obligations that make the reasonable and proper performance of the contract possible in the first place and on the fulfilment of which the Customer accordingly relies and may rely (cardinal obligations) and only limited to compensation for the foreseeable, typically occurring damage. Other claims for damages are excluded. Furthermore, limitations and exclusions in this clause do not apply to claims by the Customer in the event of fraudulent concealment of a defect by VERBI due to the absence of an assured characteristic, the breach of a warranty promise and claims pursuant to in accordance with §§ 1 and 1, 4 of the German Product Liability ActAct (Produkthaftungsgesetz). 2.6. VERBI is not liable to the Customer for delays in performance resulting from force majeure, namely circumstances beyond VERBI's liability and liability for Software control. The same applies if VERBI is unable to provide its service in accordance with these GTC/▇▇▇▇ due to a lack of information or systems not covered by this agreement are excludedcooperation from the Customer. 4.72.7. 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.