Siemens M75 - Manual (Page 143)

License Agreement 142
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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.