Siemens S75 User Manual page 69

68 Licence Agreement
9. LIMITATION OF LIABILITY. IN NO
EVENT SHALL SIEMENS, ITS EMPLOY-
EES, LICENSORS, AFFILIATES OR
AGENTS BE LIABLE FOR ANY DIRECT
DAMAGES, LOST PROFITS, DATA OR
BUSINESS, OR COSTS OF PROCURE-
MENT OF SUBSTITUTE GOODS OR
SERVICES, PROPERTY DAMAGE, INTER-
RUPTION OF BUSINESS OR FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, EX-
EMPLARY, ECONOMIC, PUNITIVE OR
CONSEQUENTIAL DAMAGES, HOWEVER
CAUSED, AND WHETHER ARISING UN-
DER CONTRACT, TORT, NEGLIGENCE,
OR OTHER THEORY OF LIABILITY, OR
ARISING OUT OF THE USE OF OR INA-
BILITY 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 SIE-
MENS´ LIABILITY IS MANDATORY UN-
DER 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 fur-
nish You with technical support unless sepa-
rately 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
cryptographic software and is subject to Ger-
man, European Union and U.S. export con-
trols 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. Ex-
port Administration Regulations, 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, Su-
dan, Syria or any other country (including a
national or resident of such country) to which
the U.S. has restricted or prohibited the ex-
port 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 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 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 Sie-mens 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