Siemens AX75 User Manual

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License Agreement

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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,

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 relating 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 par-

ty will not be deemed a waiver of any right related

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.