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UNDER THE APPLICABLE LAW E.G. AC-
CORDING TO PRODUCT LIABILITY LAW OR
IN THE EVENT OF INTENTIONAL MISCON-
DUCT, PERSONAL INJURY OR DEATH.
10. TECHNICAL SUPPORT. Siemens has
and its Licensors have no obligation to furnish
You with technical support unless separately
agreed in writing between You and Siemens or
the applicable Licensor.
Siemens and where applicable its Licensors in
the Licensed Software shall be free to use any
feedback received from You resulting from your
access to and use of the Licensed Software for
any purpose including (without limitation) the
manufacture, marketing and maintenance or
support of products and services.
11. EXPORT CONTROL. The Licensed Soft-
ware may include technical data and crypto-
graphic software and is subject to German,
European Union and U.S. export controls and
may be subject to import or export controls in
other countries. You agree to strictly comply
with all applicable import and export laws and
regulations. Specifically, You agree, to the ex-
tent required by U.S. Export Administration
Regulations, that You shall not disclose or oth-
erwise export or re-export the Licensed Soft-
ware or any part thereof delivered under this
Agreement to (a) Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria or any other country (in-
cluding a national or resident of such country) to
which the U.S. has restricted or prohibited the
export of goods or services.
12. APPLICABLE LAW AND FORUM. The
laws of Germany govern this Agreement. No
choice of law rules of any jurisdiction will apply.
The courts in Munich shall settle any disputes
arising out of or relating to this Agreement pro-
vided you are a merchant.
License Agreement
13. MISCELLANEOUS. This Agreement rep-
resents the entire agreement between You and
Siemens relating to the Licensed Software and
(i) supersedes all prior or contemporaneous
oral or written communications, proposals, and
representations with respect to its subject mat-
ter; and (ii) prevails over any conflicting or addi-
tional terms of any acknowledgement or similar
communication between the parties during the
term of this License. Notwithstanding the fore-
going, some products of Sie-mens may require
You to agree to additional terms through an on-
line "click-wrap" license, and such terms shall
supplement this Agreement. If any provision of
this Agreement is held invalid, all other provi-
sions shall remain valid unless such validity
would frustrate the purpose of this Agreement,
and this Agreement shall be en-forced to the full
extent allowable under applicable law. No mod-
ification to this Agreement is binding, unless in
writing and signed by a duly authorized repre-
sentative of each party. This Agreement shall
be binding on and shall inure to the benefit of
the heirs, successors, and assigns of the par-
ties hereto. The failure of either party to enforce
any right resulting from the breach of any provi-
sion of this Agreement by the other party will not
be deemed a waiver of any right related to a
subsequent breach of such provision or any
other right hereunder. Notwithstanding any-
thing to the contrary in this Agreement,
Siemens and/or its licensors may enforce its
rights, including but not limited to copyright,
trademark or trade names, in accordance with
the rules of law in each country.
69
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