Table of Contents
Advertisement
OR OTHER THEORY OF LIABILITY, OR
ARISING OUT OF THE USE OF OR INA-
BILITY TO USE THE LICENSED SOFT-
WARE, EVEN IF SIEMENS IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATION OF LIABILITY SHALL
NOT APPLY IF AND TO THE EXTENT SIE-
MENS´ LIABILITY IS MANDATORY UN-
DER THE APPLICABLE LAW E.G.
ACCORDING TO PRODUCT LIABILITY
LAW OR IN THE EVENT OF INTENTIONAL
MISCONDUCT, PERSONAL INJURY OR
DEATH.
10. TECHNICAL SUPPORT. Siemens has
and its Licensors have no obligation to fur-
nish You with technical support unless sepa-
rately 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
Software may include technical data and
cryptographic software and is subject to Ger-
man, European Union and U.S. export con-
trols 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 extent required by U.S. Ex-
port Administration Regulations, that You
shall not disclose or otherwise export or re-
export the Licensed Software or any part
thereof delivered under this Agreement to
(a) Cuba, Iran, Iraq, Libya, North Korea, Su-
dan, Syria or any other country (including a
national or resident of such country) to which
the U.S. has restricted or prohibited the ex-
port of goods or services.
Licence Agreement
12. APPLICABLE LAW AND FORUM.
The laws of Germany govern this Agree-
ment. No choice of law rules of any jurisdic-
tion will apply. The courts in Munich shall
settle any disputes arising out of or relating
to this Agreement provided you are a
merchant.
13. MISCELLANEOUS. This Agreement
represents the entire agreement between
You and Siemens relating to the Licensed
Software and (i) supersedes all prior or con-
temporaneous oral or written communica-
tions, proposals, and representations with
respect to its subject matter; and (ii) prevails
over any conflicting or additional terms of
any acknowledgement or similar communi-
cation between the parties during the term of
this License. Notwithstanding the foregoing,
some products of Siemens may require You
to agree to additional terms through an on-
line "click-wrap" license, and such terms
shall supplement this Agreement. If any pro-
vision of this Agreement is held invalid, all
other provisions 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 modification to this
Agreement is binding, unless in writing and
signed by a duly authorized representative
of each party. This Agreement shall be bind-
ing on and shall inure to the benefit of the
heirs, successors, and assigns of the parties
hereto. The failure of either party to enforce
any right resulting from the breach of any
provision of this Agreement by the other par-
ty will not be deemed a waiver of any right re-
lated to a subsequent breach of such
provision or any other right hereunder. Not-
withstanding anything to the contrary in this
Agreement, Siemens and/or its licensors
may enforce its rights, including but not limit-
ed to copyright, trademark or trade names,
in accordance with the rules of law in each
country.
69
Advertisement
Table of Contents
