Exceptions to the Disclaimer

In the cases listed above BST GmbH shall also not be liable (for damages) unless:

  • The damage results from a willful or grossly negligent breach of duty on the part of BST GmbH or its legal representatives or vicarious agents
  • The damage is associated with injury to life, body or health and results from a willful or grossly negligent breach of duty on the part of BST GmbH or its legal representatives or vicarious agents
  • The form of damage can usually and typically be insured against by means of third-party liability insurance taken out by BST GmbH on reasonable conditions

This applies in particular to claims for damages associated with fault or negligence occurring before or upon conclusion of the contract, the infringement of secondary obligations and claims associated with impermissible actions; this does not affect claims asserted in accordance with the German Product Liability Act or those associated with a guarantee.

Otherwise, the specific terms of license of BST GmbH apply.