Siemens C75 Operating Manual page 68

COSTS OF PROCUREMENT OF SUBSTI-
TUTE GOODS OR SERVICES, PROPERTY
DAMAGE, INTERRUPTION OF BUSINESS
OR FOR ANY SPECIAL, INDIRECT, INCI-
DENTAL, EXEMPLARY, ECONOMIC, PU-
NITIVE OR CONSEQUENTIAL DAMAGES,
HOWEVER CAUSED, AND WHETHER
ARISING UNDER CONTRACT, TORT,
NEGLIGENCE, OR OTHER THEORY OF
LIABILITY, OR ARISING OUT OF THE USE
OF OR INABILITY TO USE THE LICENSED
SOFTWARE, EVEN IF SIEMENS IS AD-
VISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE LIMITATION OF LIABILITY
SHALL NOT APPLY IF AND TO THE EX-
TENT 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 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
Software may include technical data and cryp-
tographic software and is subject to German,
European Union and U.S. export controls
and may be subject to import or export con-
trols in other countries. You agree to strictly
comply with all applicable import and export
laws and regulations. Specifically, You agree,
License Agreement
to the extent required by U.S. Export Admin-
istration Regulations, that You shall not dis-
close or otherwise export or re-export the
Licensed Software or any part thereof deliv-
ered 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
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 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 Agree-
ment is binding, unless in writing and signed
by a duly authorized representative 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
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