6.1 Liability of the Exchange
1 With the exception of intent and gross negligence on the part of its bodies or employees, the Exchange shall not be liable for the loss or damage that a participant, its clients or third parties might sustain from actions or omissions by the Exchange. Specifically, the Exchange shall bear no liability for the damage or loss as a result of:
- measures taken by the Exchange in special situations;
- orders issued by the Exchange;
- the full or partial unavailability of the exchange system, the clearing and settlement infrastructure or other technical problems;
- incorrect or incomplete data processing or distribution;
- improper manipulation by participants or third parties;
- the interruption or termination of participation or the suspension or exclusion of a participant; or
- the rejection of a trade by a central counterparty.
2 The Exchange shall accept no liability for claims extending beyond direct losses, for example compensation for indirect losses or consequential losses such as lost profit or additional expenses.