The Parties shall perform the services agreed under this contract with the same care and diligence they apply to their own affairs and guarantee to base them on the known state of science and technology. No further guarantee is offered. Liability of the parties, legal representatives and agents in performance for any breach of essential contractual obligation (i.e. obligations the fulfilment of which allow the proper performance of the contract and on which the other party usually relies and may reasonably rely) shall be limited to intent and gross negligence, whereby liability for simple negligence shall be limited to foreseeable damage typical for this type of contract. Otherwise, the parties, their legal representatives and agents in performance shall be mutually liable only for intent and gross negligence. However, no such limitation of liability shall apply in the event of injury to life, body or health and where the product liability act applies. Notwithstanding Section 426 German Civil Code (BGB), the Parties agree that, in case of claims by third parties, in their internal relationship they shall only be liable in proportion to their share of fault and undertake to indemnify each other against further claims.
LEGAL_CONSTRAINT
In as far as the services provided by the DWD contain copyrights, neighbouring rights or other rights, the customer is to observe the rights of the DWD ensuing therefrom. The user undertakes to respect copyrights as well as neighbouring and other rights of the DWD. The DWD assures to own all rights that are necessary for the distribution of the Aeronautical Meteorological Information. This also applies to all copyrights and rights to use a name, eventual industrial property rights or other neighbouring rights.
The user shall take suitable precautions to exclude any third parties unauthorised access to the transmitted information. This refers especially to safeguarding the access to the transmission equipment and the protection of access information (user codes, passwords, etc.)
DWD provides the service delivery while the service lifecycle status is 'operational'.
The mode of transmission and the date of availability or the commencement date of delivery shall be defined in the description of the service.
DWD provides meteorological information in formats, which correspond to international standards. They are subject to internal DWD procedures and international guidelines.
The supply of aeronautical meteorological data and products is regulated according to these conditions. Offers from the Deutscher Wetterdienst (DWD) are subject to confirmation. The contract will only come into effect by means of written confirmation or execution of the order. These Conditions of use were made known to the customer prior to or upon conclusion of the contract.