Siemens AX75 User Manual page 40

Parts of the Licensed Software may be supplied by
third parties and may be subject to separate li-
cense terms. Such terms are set out within the doc-
umentation.
5. MISUSE OF THE LICENSED SOFTWARE
OR DATA GENERATED BY THE LICENSED
SOFTWARE IS STRICTLY PROHIBITED BY SIE-
MENS, MAY VIOLATE GERMAN, U.S. AND OTH-
ER LAWS AND MAY SUBJECT YOU TO
SUBSTANTIAL LIABILITY. You are solely respon-
sible for any misuse of the Licensed Software un-
der this Agreement and for any liability or damage
related in any way to your use of the Licensed Soft-
ware in violation of this Agreement. You are also
responsible for using the Licensed Software in ac-
cordance with the limitations of this Agreement.
6. TERMINATION. This Agreement is effective
from the first date You install, copy or otherwise use
the Licensed Software. You may terminate this li-
cense at any time by deleting or destroying the Li-
censed Software, all back up copies and all related
materials provided to You by Siemens. Your license
rights terminate automati-cally and immediately
without notice if You fail to comply with any provision
of this Agreement. The rights and obligations under
sections 2, 5, 6, 7, 9, 12 and 13 of this Agreement
shall survive the termination of this Agreement.
7. YOU ACKNOWLEDGE THE LICENSED
SOFTWARE IS PROVIDED "AS IS" AND NEITHER
SIEMENS NOR ANY OF ITS LICENSORS MAKE
ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANT-
ABILITY OR FITNESS FOR A PARTICULAR PUR-
POSE OR THAT THE LICENSED SOFTWARE
WILL NOT INFRINGE ANY THIRD PARTY PAT-
ENTS, COPYRIGHTS, TRADEMARKS OR OTHER
RIGHTS. THERE IS NO WARRANTY BY SIEMENS
OR ITS LICENSORS OR BY ANY OTHER PARTY
THAT THE FUNCTIONS CONTAINED IN THE LI-
CENSED SOFTWARE WILL MEET YOUR RE-
QUIREMENTS 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
License Agreement
RESPONSIBILITY TO ACHIEVE YOUR INTEND-
ED RESULTS 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, LICEN-
SORS, AFFILIATES OR AGENTS BE LIABLE
FOR ANY DIRECT DAMAGES, LOST PROFITS,
DATA OR BUSINESS, OR COSTS OF PRO-
CUREMENT OF SUBSTITUTE GOODS OR
SERVICES, PROPERTY DAMAGE, INTERRUP-
TION OF BUSINESS OR FOR ANY SPECIAL, IN-
DIRECT, INCIDENTAL, EXEMPLARY,
ECONOMIC, PUNITIVE OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED, AND WHETH-
ER ARISING UNDER CONTRACT, TORT, NEG-
LIGENCE, OR OTHER THEORY OF LIABILITY,
OR ARISING OUT OF THE USE OF OR INABILI-
TY TO USE THE LICENSED SOFTWARE, EVEN
IF SIEMENS IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE LIMITATION OF LIA-
BILITY SHALL NOT APPLY IF AND TO THE EX-
TENT SIEMENS´ LIABILITY IS MANDATORY
UNDER THE APPLICABLE LAW E.G. ACCORD-
ING TO PRODUCT LIABILITY LAW OR IN THE
EVENT OF INTENTIONAL MISCONDUCT, PER-
SONAL INJURY 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
Licensed Software shall be free to use any feed-
back received from You resulting from your access
to and use of the Licensed Software for any pur-
pose 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
strictly comply with all applicable import and export
laws and regulations. Specifically, You agree, to the
extent required by U.S. Export Administration Regu-
lations, that You shall not disclose or otherwise ex-
39