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License Agreement
44
Software in violation of this Agreement. You are al-
so responsible for using the Licensed Software in
accordance 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
license at any time by deleting or destroying the
Licensed Software, all back up copies and all relat-
ed materials provided to You by Siemens. Your li-
cense rights terminate automati-cally and immedi-
ately without notice if You fail to comply with any
provision of this Agreement. The rights and obliga-
tions 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 NEI-
THER SIEMENS NOR ANY OF ITS LICENSORS
MAKE ANY REPRESENTATIONS OR WARRAN-
TIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MER-
CHANTABILITY OR FITNESS FOR A PARTICU-
LAR PURPOSE OR THAT THE LICENSED
SOFTWARE WILL NOT INFRINGE ANY THIRD
PARTY PATENTS, COPYRIGHTS, TRADE-
MARKS OR OTHER RIGHTS. THERE IS NO
WARRANTY BY SIEMENS OR ITS LICENSORS
OR BY ANY OTHER PARTY THAT THE FUNC-
TIONS CONTAINED IN THE LICENSED SOFT-
WARE WILL MEET YOUR REQUIREMENTS OR
THAT THE OPERATION OF THE LICENSED
SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE AND SIEMENS AND ITS LICEN-
SORS HEREBY DISCLAIM ANY AND ALL
LIABILITY ON ACCOUNT THEREOF. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIV-
EN BY A SIEMENS REPRESENTATIVE SHALL
CREATE A WARRANTY OR IN ANY WAY AF-
FECT THIS DISCLAIMER. YOU ASSUME ALL
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,
INDIRECT, INCIDENTAL, EXEMPLARY, ECO-
NOMIC, PUNITIVE OR CONSEQUENTIAL DAM-
AGES, HOWEVER CAUSED, AND WHETHER
ARISING UNDER CONTRACT, TORT, NEGLI-
GENCE, OR OTHER THEORY OF LIABILITY, OR
ARISING OUT OF THE USE OF OR INABILITY
TO USE THE LICENSED SOFTWARE, EVEN IF
SIEMENS IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE LIMITATION OF LIABILI-
TY 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 obligation to furnish You with
technical support unless separately agreed in writ-
ing between 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 im-
port 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 Admin-
istration Regulations, that You shall not disclose or
otherwise export or re-export the Licensed Soft-
ware 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 restricted or prohibited the export of
goods or services.
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