Terms and Conditions regarding the limitation of our liability

Claims for damages and for reimbursement of expenses (hereinafter collectively referred to as "Damage Claims") regardless of the legal basis thereof shall be excluded unless such Damage Claims arise from (i) the provisions set forth in the German Product Liability Act ("Produkthaftungsgesetz"), (ii) our intentional or grossly negligent breach of contractual or legal obligations, (iii) injury to health or physical injury of Customer caused by a breach of duty for which we are responsible, (iv) our warranty for the presence of a specific quality, or (v) our breach of a material contractual obligation In the case of our breach of a material contractual obligation, Damage Claims asserted by Customer against us shall be limited to foreseeable damages that are typical to the contract, unless there is intent or grass negligence involved, or we are held liable on the basis of injury to health or physical injury, or our warranty for the presence of a specific quality. Any breach of obligation by our legal representatives or persons employed by us in performing our obligations shall be deemed to constitute a breach or violation by us. Above provisions shall not imply a shifting of the burden of proof.