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left page (40) of AX72 Pegasus-DTC, FUG, en, A31008-H2860-A1-1-7619 (06.10.2005, 08:36)

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Language:	40	License Agreement
	40	License Agreement

en;	marketing and maintenance or support of products		party will not be deemed a waiver of any right relat-
en;	and services.		ed to a subsequent breach of such provision or any
VAR	and services.		ed to a subsequent breach of such provision or any
VAR	11. EXPORT CONTROL. The Licensed Software		other right hereunder. Notwithstanding anything to
issue	may include technical data and cryptographic soft-		the contrary in this Agreement, Siemens and/or its
	ware and is subject to German, European Union		licensors may enforce its rights, including but not
	and U.S. export controls and may be subject to im-		limited to copyright, trademark or trade names, in
date:	port or export controls in other countries. You		accordance with the rules of law in each country.
date:	agree to strictly comply with all applicable import
050613	and export laws and regulations. Specifically, You
050613	otherwise export or re-export the Licensed Soft-
	agree, to the extent required by U.S. Export Admin-

istration Regulations, that You shall not disclose or

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 re- lating 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

License Agreement