Siemens CX75 User Manual

Page 141

License Agreement

140

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Licensed Software.
(d) You may not reverse engineer, decom-

pile, modify, or disassemble those Licensed

Software programs except and only to the

extent that such activity is ex-pressly permit-

ted by applicable law notwithstanding this

limitation.
Parts of the Licensed Software may be sup-

plied by third parties and may be subject to

separate license terms. Such terms are set

out within the documentation.
5. MISUSE OF THE LICENSED SOFT-

WARE OR DATA GENERATED BY THE LI-

CENSED SOFTWARE IS STRICTLY

PROHIBITED BY SIEMENS, MAY VIOLATE

GERMAN, U.S. AND OTHER LAWS AND

MAY SUBJECT YOU TO SUBSTANTIAL LI-

ABILITY. You are solely responsible for any

misuse of the Licensed Software under this

Agreement and for any liability or damage

related in any way to your use of the Li-

censed Software in violation of this Agree-

ment. You are also responsible for using the

Licensed Software in accordance with the

limitations of this Agreement.
6. TERMINATION.

This Agreement is effective from the first

date you install, copy or otherwise use the Li-

censed Software. You may terminate this li-

cense at any time by deleting or destroying

the Licensed Software, all back up copies

and all related materials provided to You by

Siemens. Your license rights terminate au-

tomati-cally and immediately without notice if

You fail to comply with any provision of this

Agreement. The rights and obligations under

sections 2, 5, 6, 7, 9, 12 and 13 of this Agree-

ment shall survive the termination of this

Agreement.
7. YOU ACKNOWLEDGE THE LICENSED

SOFTWARE IS PROVIDED "AS IS" AND

NEITHER SIEMENS NOR ANY OF ITS LI-

CENSORS MAKE ANY REPRESENTA-

TIONS OR WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED

TO THE WARRANTIES OF MERCHANTA-

BILITY OR FITNESS FOR A PARTICULAR

PURPOSE OR THAT THE LICENSED

SOFTWARE WILL NOT INFRINGE ANY

THIRD PARTY PATENTS, COPYRIGHTS,

TRADEMARKS OR OTHER RIGHTS.

THERE IS NO WARRANTY BY SIEMENS

OR ITS LICENSORS OR BY ANY OTHER

PARTY THAT THE FUNCTIONS CON-

TAINED IN THE LICENSED SOFTWARE

WILL MEET YOUR REQUIREMENTS OR

THAT THE OPERATION OF THE LI-

CENSED SOFTWARE WILL BE UNINTER-

RUPTED OR ERROR-FREE AND

SIEMENS AND ITS LICENSORS HEREBY

DISCLAIM ANY AND ALL LIABILITY ON

ACCOUNT THEREOF. NO ORAL OR

WRITTEN INFORMATION OR ADVICE

GIVEN BY A SIEMENS REPRESENTATIVE

SHALL CREATE A WARRANTY OR IN ANY

WAY AFFECT THIS DISCLAIMER. YOU

ASSUME ALL RESPONSIBILITY TO

ACHIEVE YOUR INTENDED 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, LI-

CENSORS, AFFILIATES OR AGENTS BE

LIABLE FOR ANY DIRECT DAMAGES,

LOST PROFITS, DATA OR BUSINESS, OR

COSTS OF PROCUREMENT OF SUBSTI-

TUTE GOODS OR SERVICES, PROPERTY

DAMAGE, INTERRUPTION OF BUSINESS

OR FOR ANY SPECIAL, INDIRECT, INCI-

DENTAL, EXEMPLARY, ECONOMIC, PUNI-

TIVE OR CONSEQUENTIAL DAMAGES,

HOWEVER CAUSED, AND WHETHER

ARISING UNDER CONTRACT, TORT, NEG-

LIGENCE, OR OTHER THEORY OF LIABIL-