Siemens PEGASUS-DTC AX72 User Manual page 39

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(d) You may not reverse engineer, decompile,
modify, or disassemble those Licensed Software
programs except and only to the extent that such
activity is ex-pressly permitted by applicable law
notwithstanding this limitation.
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
documentation.
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
license 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 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
License Agreement
THAT THE OPERATION OF THE LICENSED
SOFTWARE WILL BE UNINTERRUPTED OR ER-
ROR-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, 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
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,
39