Siemens SL75 User Manual

Page 129

Licence Agreement

128

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OR OTHER THEORY OF LIABILITY, OR

ARISING OUT OF THE USE OF OR INA-

BILITY TO USE THE LicenceD 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 UN-

DER THE APPLICABLE LAW E.G. AC-

CORDING TO PRODUCT LIABILITY LAW

OR IN THE EVENT OF INTENTIONAL MIS-

CONDUCT, 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 Licenced Software shall be free to use

any feedback received from You resulting

from your access to and use of the Licenced

Software for any purpose including (without

limitation) the manufacture, marketing and

maintenance or support of products and

services.
11. EXPORT CONTROL. The Licenced

Software may include technical data and

cryptographic software and is subject to Ger-

man, European Union and U.S. export con-

trols and may be subject to import 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. Ex-

port Administration Regulations, that You

shall not disclose or otherwise export or re-

export the Licenced Software or any part

thereof delivered under this Agreement to

(a) Cuba, Iran, Iraq, Libya, North Korea, Su-

dan, Syria or any other country (including a

national or resident of such country) to which

the U.S. has restricted or prohibited the ex-

port 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 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 agreement between

You and Siemens relating to the Licenced

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 Licence. Notwithstanding the foregoing,

some products of Sie-mens may require You

to agree to additional terms through an on-

line

"click-wrap" Licence, 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

Agreement is binding, unless in writing and

signed by a duly authorized representative

of each party. This Agreement shall be bind-

ing 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 re-

lated to a subsequent breach of such

provision or any other right hereunder. Not-

withstanding anything to the contrary in this

Agreement, Siemens and/or its licensors

may enforce its rights, including but not limit-

ed to copyright, trademark or trade names,

in accordance with the rules of law in each

country.