Siemens PEGASUS-DTC AX72 User Manual

Page 39

License Agreement

right page (39)

of AX72 Pegasus-DTC, FUG, en, A31008-H2860-A1-1-7619 (06.10.2005, 08:36)

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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

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,