Siemens SXG75 User Manual

Page 155

License Agreement

154

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VISED OF THE POSSIBILITY OF SUCH

DAMAGES. THE LIMITATION OF LIABILITY

SHALL NOT APPLY IF AND TO THE EX-

TENT SIEMENS´ LIABILITY IS MANDATORY

UNDER 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 furnish

You with technical support unless separately

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 cryp-

tographic software and is subject to German,

European Union and U.S. export controls

and may be subject to import or export con-

trols 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 dis-

close or otherwise export or re-export the

Licensed Software or any part thereof deliv-

ered under this Agreement to (a) Cuba, Iran,

Iraq, Libya, North Korea, 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

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 Siemens 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

en-forced to the full extent allowable under

applicable law. No modification to this Agree-

ment 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 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.