Siemens CX75 - Manual (Page 141)

License Agreement 140
© Siem
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left page (140) of CX75 FUG en, A31008-H7420-A1-1-7619 (11.05.2005, 16:20)
(c) You may not sublicense, rent or lease the
Licensed Software.
(d) You may not reverse engineer, decom-
pile, modify, or disassemble those Licensed
Software programs except and only to the
extent that such activity is ex-pressly permit-
ted 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 LI-
ABILITY. 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 Li-
censed Software in violation of this Agree-
ment. You are also responsible for using the
Licensed Software in accordance with the
limitations of this Agreement.
6. TERMINATION.
This Agreement is effective from the first
date you install, copy or otherwise use the Li-
censed Software. You may terminate this li-
cense 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 au-
tomati-cally and immediately 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 Agree-
ment shall survive the termination of this
Agreement.
7. YOU ACKNOWLEDGE THE LICENSED
SOFTWARE IS PROVIDED "AS IS" AND
NEITHER SIEMENS NOR ANY OF ITS LI-
CENSORS 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 LI-
CENSED SOFTWARE WILL BE UNINTER-
RUPTED 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 REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY
WAY AFFECT THIS DISCLAIMER. YOU
ASSUME ALL RESPONSIBILITY TO
ACHIEVE YOUR INTENDED RESULTS
AND FOR THE INSTALLATION, USE, AND
RESULTS OBTAINED FROM IT.
8. NO OTHER OBLIGATIONS.
This Agreement 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, LI-
CENSORS, 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, PUNI-
TIVE OR CONSEQUENTIAL DAMAGES,
HOWEVER CAUSED, AND WHETHER
ARISING UNDER CONTRACT, TORT, NEG-
LIGENCE, OR OTHER THEORY OF LIABIL-