Siemens SXG75 User Manual

Page 154

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153

License Agreement

right page (153)

of SXG75, FUG en, A31008-H8900-A1-1-7619 (19.09.2005, 20:16)

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(d) You may not reverse engineer, decom-

pile, modify, or disassemble those Licensed

Software programs except and only to the ex-

tent that such activity is ex-pressly permitted 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

LIABILITY. 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 Licensed

Software in violation of this Agreement. You

are also responsible for using the Licensed

Software in accordance with the limitations

of this Agreement.
6. TERMINATION. This Agreement is ef-

fective from the first date You install, copy or

otherwise use the Licensed Software. You

may terminate this license 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 automati-cally and immediate-

ly 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 Agreement shall survive the

termination of this Agreement.
7. YOU ACKNOWLEDGE THE LICENSED

SOFTWARE IS PROVIDED "AS IS" AND

NEITHER SIEMENS NOR ANY OF ITS

LICENSORS 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 LICENSED

SOFTWARE WILL BE UNINTERRUPTED

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 REPRE-

SENTATIVE SHALL CREATE A WARRANTY

OR IN ANY WAY AFFECT THIS DISCLAIM-

ER. YOU ASSUME ALL RESPONSIBILITY

TO ACHIEVE YOUR INTENDED RESULTS

AND FOR THE INSTALLATION, USE, AND

RESULTS OBTAINED FROM IT.
8. NO OTHER OBLIGATIONS. This Agree-

ment 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,

LICENSORS, 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, PU-

NITIVE OR CONSEQUENTIAL DAMAGES,

HOWEVER CAUSED, AND WHETHER

ARISING UNDER CONTRACT, TORT,

NEGLIGENCE, OR OTHER THEORY OF

LIABILITY, OR ARISING OUT OF THE USE

OF OR INABILITY TO USE THE LICENSED

SOFTWARE, EVEN IF SIEMENS IS AD-

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