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ITY, OR ARISING OUT OF THE USE OF OR
INABILITY 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 SIEMENS´
LIABILITY IS MANDATORY UNDER 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 obli-
gation 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 Software may include techni-
cal data and cryptographic 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 applica-
ble import and export laws and regulations.
Specifically, You agree, to the extent re-
quired by U.S. Export Administration Regu-
lations, 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, Sudan, Syria or any other
country (including a national or resident of
such country) to which the U.S. has restrict-
ed or prohibited the export of goods or serv-
ices.
License Agreement
12. APPLICABLE LAW AND FORUM.
The laws of Germany govern this Agreement.
No choice of law rules of any jurisdiction will ap-
ply. The courts in Munich shall settle any dis-
putes arising out of or relating to this
Agreement provided you are a merchant.
13. MISCELLANEOUS.
This Agreement represents the entire agree-
ment between You and Siemens relating to
the Licensed Software and (i) supersedes all
prior or contemporaneous oral or written
communications, proposals, and represen-
tations with respect to its subject matter; and
(ii) prevails over any conflicting or additional
terms of any acknowledgement or similar
communication between the parties during
the term of this License. Notwithstanding the
foregoing, 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 Agree-
ment. If any provision of this Agreement is
held invalid, all other provisions shall remain
valid unless such validity would frustrate the
purpose of this Agreement, and this Agree-
ment shall be en-forced to the full extent al-
lowable under applicable law. No
modification to this Agreement is binding,
unless in writing and signed by a duly author-
ized representative of each party. This
Agreement shall be binding on and shall in-
ure 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 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, Sie-
mens 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.
141
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