BGS2-E Release Notes
Confidential / Released
BGS2-E_rn_v01.301c
Page 3 of 12
2012-02-08
EXCLUSION OF LIABILITY
CINTERION, ITS LEGAL REPRESENTATIVES AND VICARIOUS AGENTS SHALL – IRRESPECTIVE OF THE
LEGAL GROUND – ONLY BE LIABLE FOR DAMAGES IF THE DAMAGE WAS CAUSED THROUGH
CULPABLE BREACH OF A MAJOR CONTRACTUAL OBLIGATION (CARDINAL DUTY), I.E. A DUTY THE
FULFILMENT OF WHICH ALLOWS THE PROPER EXECUTION OF THE RESPECTIVE AGREEMENT IN THE
FIRST PLACE OR THE BREACH OF WHICH PUTS THE ACHIEVEMENT OF THE PURPOSE OF THE
AGREEMENT AT STAKE, RESPECTIVELY, AND ON THE FULFILMENT OF WHICH THE RECIPIENT
THEREFORE MAY RELY ON OR WAS CAUSED BY GROSS NEGLIGENCE OR INTENTIONALLY. ANY
FURTHER LIABILITY FOR DAMAGES SHALL – IRRESPECTIVE OF THE LEGAL GROUND – BE EXCLUDED.
IN THE EVENT THAT CINTERION IS LIABLE FOR THE VIOLATION OF A MAJOR CONTRACTUAL
OBLIGATION IN THE ABSENCE OF GROSS NEGLIGENCE OR WILFUL CONDUCT, SUCH LIABILITY FOR
DAMAGE SHALL BE LIMITED TO AN EXTENT WHICH, AT THE TIME WHEN THE RESPECTIVE
AGREEMENT IS CONCLUDED, CINTERION SHOULD NORMALLY EXPECT TO ARISE DUE TO
CIRCUMSTANCES THAT THE PARTIES HAD KNOWLEDGE OF AT SUCH POINT IN TIME. CINTERION
SHALL IN NO EVENT BE LIABLE FOR INDIRECT AND CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT.
CINTERION SHALL IN NO EVENT BE LIABLE FOR AN AMOUNT EXCEEDING € 20,000.00 PER EVENT OF
DAMAGE. WITHIN THE BUSINESS RELATIONSHIP THE OVERALL LIABILITY SHALL BE LIMITED TO A
TOTAL OF € 100,000.00. CLAIMS FOR DAMAGES SHALL BECOME TIME-BARRED AFTER ONE YEAR AS
OF THE BEGINNING OF THE STATUTORY LIMITATION PERIOD. IRRESPECTIVE OF THE RECIPIENT’S
KNOWLEDGE OR GROSS NEGLIGENT LACK OF KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE
FOR A LIABILITY ANY CLAIMS SHALL BECOME TIME-BARRED AFTER FIVE YEARS AS OF THE LIABILITY
AROSE. THE AFOREMENTIONED LIMITATION OR EXCLUSION OF LIABILITY SHALL NOT APPLY IN THE
CASE OF CULPABLE INJURY TO LIFE, BODY OR HEALTH, IN CASE OF INTENTIONAL ACTS, UNDER THE
LIABILITY PROVISIONS OF THE GERMAN PRODUCT LIABILITY ACT (
PRODUKTHAFTUNGSGESETZ
) OR
IN CASE OF A CONTRACTUALLY AGREED OBLIGATION TO ASSUME LIABILITY IRRESPECTIVE OF ANY
FAULT (GUARANTEE).
SECRECY
THE RECIPIENT UNDERTAKES FOR AN UNLIMITED PERIOD OF TIME TO OBSERVE SECRECY
REGARDING ANY INFORMATION AND DATA PROVIDED TO HIM IN THE CONTEXT OF THE
CONTRACTUAL RELATIONSHIP AND CLASSIFIED AS CONFIDENTIAL OR OTHERWISE RECOGNISABLE
AS CONFIDENTIAL, IN PARTICULAR AS TRADE OR COMPANY SECRET AND – AS FAR AS NOT
NECESSARY FOR THE ACHIEVEMENT OF THE PURPOSE OF THE CONTRACT – TO NEITHER RECORD
NOR FORWARD TO THIRD PARTIES NOR USE IN ANY WAY. EMPLOYEES AND THIRD PARTIES
INVOLVED SHALL BE BOUND TO OBSERVE THE ABOVE PROVISIONS.
MISCELLANEOUS
THE INTERPRETATION OF THIS GENERAL NOTE SHALL BE GOVERNED AND CONSTRUED ACCORDING
TO GERMAN LAW WITHOUT REFERENCE TO ANY OTHER SUBSTANTIVE LAW. LEGAL VENUE FOR ALL
DISPUTES ARISING FROM THIS AGREEMENT SHALL BE MUNICH, GERMANY.
IN THE EVENT OF A CONFLICT BETWEEN THE PROVISIONS OF THIS AGREEMENT AND ANOTHER
AGREEMENT REGARDING THE PRODUCT (EXCEPT THE GENERAL TERMS AND CONDITIONS OF
CINTERION) THE OTHER AGREEMENT SHALL PREVAIL.
Copyright
Transmittal, reproduction, dissemination and/or editing of this document as well as utilization of its contents and
communication thereof to others without express authorization are prohibited. Offenders will be held liable for
payment of damages. All rights created by patent grant or registration of a utility model or design patent are
reserved.
Copyright © Cinterion Wireless Modules GmbH 2012
