Clause 7 herein above shall cover the entire liability for quality-related non-conformance with performance requirements.
Otherwise, Contractor shall be liable for damage or less for which Contractor is responsible as follows:
In the event of slight negligence Contractor shall be liable only if Contractor is in material breach of contract or in the event of default or impossibility to perform. In such cases liability shall be restricted to typical, foreseeable, damage and shall be limited to Euro 500,000 per claim event, but not exceeding Euro 1 million per contract, or a maximum of 10% of the total remuneration for the contract for financial loss.
Liability for financial loss shall be limited to a total of Euro 500,000 per contract.
Any rights to claim for loss of profit are excluded.
In the event of loss of data Contractor shall be liable only for the time and effort required by Customer to recover the data where proper data backups have previously been performed. In the event of slight negligence on the part of Contractor this liability shall be effective only if Customer has performed a proper data backup immediately before the action leading to the loss of data.
Even in case of gross negligence, liability shall be restricted to typical, foreseeable damage, provided that such damage has not been caused by any officers of Contractor.
In case of strict liability for initial impossibility, default or express warranties, Customer’s liability shall also be restricted to typical, foreseeable damage. The liability with regard to the above shall also be limited.
The limitations of liability in accordance with Clause 8.2 shall not apply in case of willful acts, in case of injury to life, limb or health or in cases involving the application of the Product Liability Act (Produkthaftungsgesetz).