Siemens CX75 User Manual

Page 142

141

License Agreement

ens AG 2003

, C

:\D

tl\Sieme

ns\D

TP-Sa

tz\Produkte\C

_Phoenix_1\outp

ut\FU

\CX75_

fug_

_050511_

vz_pk_d

ruck\EULA_en.fm

Temp

late:

X75,

Ve
rsion 2

; VAR

Language: en;

VAR

issu

e d

ate: 0
50224

right page (141)

of CX75 FUG en, A31008-H7420-A1-1-7619 (11.05.2005, 16:20)

ITY, OR ARISING OUT OF THE USE OF OR

INABILITY TO USE THE LICENSED SOFT-

WARE, EVEN IF SIEMENS IS ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATION OF LIABILITY SHALL NOT

APPLY IF AND TO THE EXTENT 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 obli-

gation 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 techni-

cal data and cryptographic software and is

subject to German, European Union and

U.S. export controls and may be subject to

import or export controls in other countries.

You agree to strictly comply with all applica-

ble import and export laws and regulations.

Specifically, You agree, to the extent re-

quired by U.S. Export Administration Regu-

lations, that You shall not disclose or

otherwise export or re-export the Licensed

Software or any part thereof delivered 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 restrict-

ed or prohibited the export of goods or serv-

ices.

12. APPLICABLE LAW AND FORUM.

The laws of Germany govern this Agreement.

No choice of law rules of any jurisdiction will ap-

ply. The courts in Munich shall settle any dis-

putes arising out of or relating to this

Agreement provided you are a merchant.
13. MISCELLANEOUS.

This Agreement represents the entire agree-

ment between You and Siemens 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 Agree-

ment. 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 Agree-

ment shall be en-forced to the full extent al-

lowable under applicable law. No

modification to this Agreement is binding,

unless in writing and signed by a duly author-

ized representative of each party. This

Agreement shall be binding on and shall in-

ure 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 any-

thing to the contrary in this Agreement, Sie-

mens 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.