Any further-reaching liability for freedom from viruses is excluded. </li> <li> The user is not entitled to any claims from this guarantee if the cause of the defect relates to the fact that the user has failed to comply with own obligations or has modified the Experteer software or had it modified. </li> <li> If the user is a company within the meaning of Section 14, BGB (German Civil Code), previously mentioned rights can only be asserted within one year of the Experteer software made available to it. </li> </ol> </dd> <dt> § 10 Limitations of liability </dt> <dd> <ol> <li> Irrespective of the legal basis, Experteer’s liability is limited to damage caused by intention or gross negligence. However, this limitation on liability does not apply for any injury or harm to life, body or health, to the breach of major obligations and to claims arising under the Product Liability Act. </li> <li> Where Experteer is liable as a result of simple negligence, the compensation claim shall be limited to such damage as must typically be expected and to a total compensation claim of £ 5000. </li> <li> Claims for consequential damage, especially damage to hardware, software, or damage incurred due to data loss of the user or lost profit shall be completely excluded. </li> <li> If and to the extent Experteer’s liability is excluded or limited, such exclusion shall also apply to the personal liability of Experteer’s employees, job holders, workers, representatives and agents. </li> <li>