Common use of LIMITATION/EXCLUSION OF LIABILITY Clause in Contracts

LIMITATION/EXCLUSION OF LIABILITY. 3.2.1 QFS is liable without contractual restrictions in accordance with statutory regulations: a) in cases of willful misconduct; b) for damages insofar as these are based on the fact that QFS has fraudulently concealed a defect; c) for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by QFS or otherwise on the intentional or negligent conduct by a legal representative or a vicarious agent of QFS; d) for damages other than those listed under letter c) based on intentional or grossly negligent breach of duty by QFS or otherwise on the intentional or grossly negligent conduct by a legal representative or a vicarious agent of QFS; e) pursuant to the terms of the German Product Liability Act, the EU General Data Protection Regulation and the German Data Protection Act. 3.2.2 In cases other than those listed in 3.2.1, QFS’ liability for negligent breaches of Cardinal Duties by QFS or by a legal repre- sentative or agent of QFS shall be limited to such damage which was typical for this kind of business and foreseeable upon the execution of the Agreement. Cardinal Duties shall mean duties which enable the performance of the Agreement i.e. are precondition of the performance of the Agreement and which the Licensee may therefore rely on. Typical and foreseeable is a damage which QFS has foreseen as a potential consequence of a breach of duties or - taking into consideration the circumstances QFS was or should have been aware of - QFS should have foreseen. 3.2.3 In cases other than those listed in Section 3.2.1 and 3.2.2 the liability of QFS for negligence shall be excluded. 3.2.4 Any strict liability of QFS pursuant to Section 536a para. 1 var. 1 of the German Civil Code for defects which already exist at the time of conclusion of the Agreement shall be excluded. 3.2.5 The plea of contributory negligence (Section 254 of the German Civil Code) shall remain unaffected. 3.2.6 The foregoing provisions regarding the limitation of liability shall apply to all contractual and non-contractual claims for damages against QFS regardless of their legal grounds and accordingly to the liability of QFS to compensate futile expenses.

LIMITATION/EXCLUSION OF LIABILITY. 3.2.1 QFS is liable without contractual restrictions in accordance with statutory regulations: a) in cases of willful misconduct; b) for damages insofar as these are based on the fact that QFS has fraudulently concealed a defect; c) for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by QFS or otherwise on the intentional or negligent conduct by a legal representative or a vicarious agent of QFS; d) for damages other than those listed under letter c) based on intentional or grossly negligent breach of duty by QFS or otherwise on the intentional or grossly negligent conduct by a legal representative or a vicarious agent of QFS; e) pursuant to the terms of the German Product Liability Act, the EU General Data Protection Regulation and the German Data Protection Act. 3.2.2 In cases other than those listed in 3.2.1, QFS’ liability for negligent breaches of Cardinal Duties by QFS or by a legal repre- sentative or agent of QFS shall be limited to such damage which was typical for this kind of business and foreseeable upon the execution of the Agreement. Cardinal Duties shall mean duties which enable the performance of the Agreement i.e. are precondition of the performance of the Agreement and which the Licensee may therefore rely on. Typical and foreseeable is a damage which QFS has foreseen as a potential consequence of a breach of duties or - taking into consideration the circumstances QFS was or should have been aware of - QFS should have foreseen. 3.2.3 In cases other than those listed in Section 3.2.1 and 3.2.2 the liability of QFS for negligence shall be excluded. 3.2.4 Any strict liability of QFS pursuant to Section 536a para. 1 var. 1 of the German Civil Code for defects which already exist at the time of conclusion of the Agreement shall be excluded. 3.2.5 The plea of contributory negligence (Section 254 of the German Civil Code) shall remain unaffected. 3.2.6 3.2.5 The foregoing provisions regarding the limitation of liability shall apply to all contractual and non-contractual claims for damages against QFS regardless of their legal grounds and accordingly to the liability of QFS to compensate futile expenses.

LIMITATION/EXCLUSION OF LIABILITY. 3.2.1 QFS 3.3.1 Xxxxxxxx Systems is liable without contractual restrictions in accordance with statutory regulations: a) in cases : - for damages based on a breach of a guarantee provided by Xxxxxxxx Systems; - for willful misconduct; b) for damages insofar as these are based on the fact that QFS has fraudulently concealed a defect; c) ; - for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by QFS Xxxxxxxx Systems or otherwise oth- erwise on the intentional or negligent conduct by a legal representative representa- tive or a vicarious agent of QFS; d) Xxxxxxxx Systems; - for damages other than those listed under letter c) indent 3 based on intentional inten- tional or grossly negligent breach of duty by QFS Xxxxxxxx Systems or otherwise on the intentional or grossly negligent conduct by a legal representative or a vicarious agent of QFS; e) pursuant to the terms of the German Product Liability Act, the EU General Data Protection Regulation and the German Data Protection ActXxxxxxxx Systems. 3.2.2 3.3.2 In cases other than those listed in 3.2.13.3.1, QFS’ Xxxxxxxx Systems' liability for negligent breaches of Cardinal Duties by QFS Xxxxxxxx Systems or by a legal repre- sentative representative or agent of QFS Xxxxxxxx Systems shall be limited to such damage which was typical for this kind of business and foreseeable upon the execution of the this Agreement. Cardinal Duties shall mean duties which enable the performance of the Agreement i.e. are precondition of the performance of the Agreement and which the Licensee may therefore rely on. Typical and foreseeable is a damage which QFS Xxxxxxxx Systems has foreseen as a potential consequence of a breach of duties or - taking into consideration the circumstances QFS QSF was or should have been aware of - QFS Xxxxxxxx Systems should have foreseen. 3.2.3 3.3.3 In cases other than those listed in Section 3.2.1 3.3.1 and 3.2.2 3.3.2 the liability of QFS Xxxxxxxx Systems for negligence shall be is excluded. 3.2.4 Any strict liability of QFS pursuant to Section 536a para. 1 var. 1 of the German Civil Code for defects which already exist at the time of conclusion of the Agreement shall be excluded. 3.2.5 The plea of contributory negligence (Section sec. 254 of the German Civil Code/BGB) shall remain remains unaffected. The Licensee is especially obliged to make backup copies and to provide sufficient and up to date anti-virus protection. Backup copies have to be made regularly and to an extent that is appropriate when considering the usage and the risks, typically once a day in order to ensure restoration of data with reasonable time and effort. In case of loss of data, Xxxxxxxx Systems' liability is limited to the restoration expenses that would have arisen if backup copies had been made regularly and where anti-virus protection had been in place. 3.2.6 3.2.5 The foregoing provisions regarding the limitation of liability shall apply to all contractual and non-contractual claims for damages against QFS Xxxxxxxx Systems regardless of their legal grounds and accordingly to the liability of QFS Xxxxxxxx Systems to compensate futile expenses.

LIMITATION/EXCLUSION OF LIABILITY. 3.2.1 3.3.1 QFS is liable without contractual restrictions in accordance with statutory regulations: a) in cases : - for damages based on a breach of a guarantee provided by QFS; - for willful misconduct; b) for damages insofar as these are based on the fact that QFS has fraudulently concealed a defect; c) ; - for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by QFS or otherwise on the intentional or negligent conduct by a legal representative or a vicarious agent of QFS; d) ; - for damages other than those listed under letter c) indent 3 based on intentional or grossly negligent breach of duty by QFS or otherwise on the intentional or grossly negligent conduct by a legal representative or a vicarious agent of QFS; e) pursuant to the terms of the German Product Liability Act, the EU General Data Protection Regulation and the German Data Protection Act. 3.2.2 3.3.2 In cases other than those listed in 3.2.13.3.1, QFS’ liability for negligent breaches of Cardinal Duties by QFS or by a legal repre- sentative representative or agent of QFS shall be limited to such damage which was typical for this kind of business and foreseeable upon the execution of the this Agreement. Cardinal Duties shall mean duties which enable the performance of the Agreement i.e. are precondition of the performance of the Agreement and which the Licensee may therefore rely on. Typical and foreseeable is a damage which QFS has foreseen as a potential consequence of a breach of duties or - taking into consideration the circumstances QFS QSF was or should have been aware of - QFS should have foreseen. 3.2.3 3.3.3 In cases other than those listed in Section 3.2.1 3.3.1 and 3.2.2 3.3.2 the liability of QFS for negligence shall be is excluded. 3.2.4 Any strict liability of QFS pursuant to Section 536a para. 1 var. 1 of the German Civil Code for defects which already exist at the time of conclusion of the Agreement shall be excluded. 3.2.5 The plea of contributory negligence (Section sec. 254 of the German Civil Code/BGB) shall remain remains unaffected. The Licensee is especially obliged to make backup copies and to provide sufficient and up to date anti- virus protection. Backup copies have to be made regularly and to an extent that is appropriate when considering the usage and the risks, typically once a day in order to ensure restoration of data with reasonable time and effort. In case of loss of data, QFS’ liability is limited to the restoration expenses that would have arisen if backup copies had been made regularly and where anti-virus protection had been in place. 3.2.6 3.2.5 The foregoing provisions regarding the limitation of liability shall apply to all contractual and non-contractual claims for damages against QFS regardless of their legal grounds and accordingly to the liability of QFS to compensate futile expenses.