Siemens PEGASUS-DTC AX72 User Manual

Page 40

License Agreement

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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 Ko-

rea, 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 re-

lating to this Agreement provided you are a

merchant.
13. MISCELLANEOUS. This Agreement repre-

sents the entire agreement between You and Sie-

mens relating to the Licensed Software and (i)

supersedes all prior or contemporaneous oral or

written communications, proposals, and represen-

tations with respect to its subject matter; and (ii)

prevails over any conflicting or additional terms of

any acknowledgement or similar communication

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

provision 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 Agreement 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 resulting from the breach

of any provision of this Agreement by the other

party will not be deemed a waiver of any right relat-

ed to a subsequent breach of such provision or any

other right hereunder. Notwithstanding anything to

the contrary in this Agreement, Siemens and/or its

licensors may enforce its rights, including but not

limited to copyright, trademark or trade names, in

accordance with the rules of law in each country.