Siemens AX72 User Manual page 16

SIEMENS OR ITS LICENSORS OR BY ANY OTHER
PARTY THAT THE FUNCTIONS CONTAINED IN
THE LICENSED SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF
THE LICENSED SOFTWARE WILL BE UNINTER-
RUPTED OR ERROR-FREE AND SIEMENS AND
ITS LICENSORS HEREBY DISCLAIM ANY AND
ALL LIABILITY ON ACCOUNT THEREOF. NO
ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY A SIEMENS REPRESENTATIVE SHALL
CREATE A WARRANTY OR IN ANY WAY AFFECT
THIS DISCLAIMER. YOU ASSUME ALL RESPON-
SIBILITY TO ACHIEVE YOUR INTENDED RE-
SULTS AND FOR THE INSTALLATION, USE, AND
RESULTS OBTAINED FROM IT.
8. NO OTHER OBLIGATIONS. This Agreement
creates no obligations on the part of Siemens other
than as specifically set forth herein.
9. LIMITATION OF LIABILITY. IN NO EVENT
SHALL SIEMENS, ITS EMPLOYEES, LICENSORS,
AFFILIATES OR AGENTS BE LIABLE FOR ANY DI-
RECT DAMAGES, LOST PROFITS, DATA OR
BUSINESS, OR COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, PROPERTY
DAMAGE, INTERRUPTION OF BUSINESS OR FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, EXEM-
PLARY, ECONOMIC, PUNITIVE OR CONSEQUEN-
TIAL DAMAGES, HOWEVER CAUSED, AND
WHETHER ARISING UNDER CONTRACT, TORT,
NEGLIGENCE, OR OTHER THEORY OF LIABILI-
TY, OR ARISING OUT OF THE USE OF OR INABIL-
ITY TO USE THE LICENSED SOFTWARE, 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 INJU-
RY OR DEATH.
10. TECHNICAL SUPPORT. Siemens has and its
Licensors have no obligation to furnish You with tech-
nical support unless separately agreed in writing be-
tween You and Siemens or the applicable Licensor.
Siemens and where applicable its Licensors in the Li-
censed Software shall be free to use any feedback re-
ceived 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 soft-
ware 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 strict-
ly comply with all applicable import and export laws
and regulations. Specifically, You agree, to the extent
required by U.S. Export Administration Regulations,
that You shall not disclose or otherwise export or re-
export the Licensed Software or any part thereof de-
livered under this Agreement to (a) Cuba, Iran, Iraq,
Libya, North Korea, Sudan, Syria or any other coun-
try (including 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 Mu-
nich shall settle any disputes arising out of or relating
to this Agreement provided you are a merchant.
13. MISCELLANEOUS. This Agreement repre-
sents the entire agreement between You and
Siemens relating to the Licensed Software and (i) su-
persedes all prior or contemporaneous oral or written
communications, proposals, and representations
with respect to its subject matter; and (ii) prevails over
any conflicting or additional terms of any acknowl-
edgement or similar communication between the par-
ties during the term of this License. Notwithstanding
the foregoing, some products of Sie-mens may re-
quire You to agree to additional terms through an on-
line "click-wrap" license, and such terms shall supple-
ment this Agreement. If any provision of this Agree-
ment 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, un-
less 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 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 provi-
sion or any other right hereunder. Notwithstanding
anything 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.
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