Siemens M75 User Manual

Page 143

License Agreement

142

obilePhones\M75 Sirius\en\LA\EULA_en.fm

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X75, Version 2.

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left page (142)

of M75 Sirius FUG en, A31008-H7430-A1-1-7619 (04.06.2005, 09:02)

DER CONTRACT, TORT, NEGLIGENCE,

OR OTHER THEORY OF LIABILITY, OR

ARISING OUT OF THE USE OF OR INABIL-

ITY TO USE THE LICENSED SOFTWARE,

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 obligation to fur-

nish you with technical support unless sepa-

rately 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 Soft-

ware may include technical data and crypto-

graphic 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

Administration Regulations, that You shall

not disclose or otherwise export or re-export

the Licensed Software or any part thereof de-

livered 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 ap-

ply. The courts in Munich shall settle any dis-

putes arising out of or relating to this Agree-

ment provided you are a merchant.
13. MISCELLANEOUS. This Agreement rep-

resents the entire agreement between You

and Siemens relating to the Licensed Soft-

ware and (i) supersedes all prior or contem-

poraneous oral or written communications,

proposals, and representations with respect

to its subject matter; and (ii) prevails over any

conflicting or additional terms of any ac-

knowledgement 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 pro-

visions shall remain valid unless such validity

would frustrate the purpose of this Agree-

ment, 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 du-

ly 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 any-

thing 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.