Siemens AX75 - Manual (Page 27)

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left page (26) of AX75_Pegasus, short, 140mm, en, A31008-H2850-A1-1-7619 (18.04.2005, 10:38)
License Agreement 26
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307
9. LIMITATION OF LIABILITY. IN NO EVENT
SHALL SIEMENS, ITS EMPLOYEES, LICEN-
SORS, AFFILIATES OR AGENTS BE LIABLE
FOR ANY DIRECT DAMAGES, LOST PROFITS,
DATA OR BUSINESS, OR COSTS OF PRO-
CUREMENT OF SUBSTITUTE GOODS OR
SERVICES, PROPERTY DAMAGE, INTERRUP-
TION OF BUSINESS OR FOR ANY SPECIAL, IN-
DIRECT, INCIDENTAL, EXEMPLARY,
ECONOMIC, PUNITIVE OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED, AND WHETH-
ER ARISING UNDER CONTRACT, TORT, NEG-
LIGENCE, OR OTHER THEORY OF LIABILITY,
OR ARISING OUT OF THE USE OF OR INABILI-
TY TO USE THE LICENSED SOFTWARE, EVEN
IF SIEMENS IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE LIMITATION OF LIA-
BILITY SHALL NOT APPLY IF AND TO THE EX-
TENT SIEMENS´ LIABILITY IS MANDATORY
UNDER THE APPLICABLE LAW E.G. ACCORD-
ING TO PRODUCT LIABILITY LAW OR IN THE
EVENT OF INTENTIONAL MISCONDUCT, PER-
SONAL INJURY OR DEATH.
10. TECHNICAL SUPPORT. Siemens has and
its Licensors have no obligation to furnish You with
technical support unless separately agreed in writ-
ing between You and Siemens or the applicable
Licensor.
Siemens and where applicable its Licensors in the
Licensed Software shall be free to use any feed-
back received from You resulting from your access
to and use of the Licensed Software for any pur-
pose 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 cryptographic soft-
ware and is subject to German, European Union
and U.S. export controls and may be subject to im-
port 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. Export Admin-
istration Regulations, that You shall not disclose or
otherwise export or re-export the Licensed Soft-
ware or any part thereof delivered under this
Agreement to (a) Cuba, Iran, Iraq, Libya, North Ko-
rea, 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 repre-
sents the entire agreement between You and Sie-
mens 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 Agreement. 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 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 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 par-
ty 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.