Siemens AX72 manual License Agreement

Models: AX72

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right page (39) of AX72 Pegasus-DTC, FUG, en, A31008-H2860-A1-1-7619 (06.10.2005, 08:36)

License Agreement

39

VAR Language:

© Siemens AG 2003, C:\Daten_itl\Siemens\DTP-Satz\Produkte\AX72_Pegasus_DTC\out-

(d)You may not reverse engineer, decompile, modify, or disassemble those Licensed Software programs except and only to the extent that such activity is ex-pressly permitted by applicable law notwithstanding this limitation.

Parts of the Licensed Software may be supplied by third parties and may be subject to separate li- cense terms. Such terms are set out within the documentation.

5.MISUSE OF THE LICENSED SOFTWARE OR DATA GENERATED BY THE LICENSED SOFTWARE IS STRICTLY PROHIBITED BY SIE- MENS, MAY VIOLATE GERMAN, U.S. AND OTH- ER LAWS AND MAY SUBJECT YOU TO SUBSTANTIAL LIABILITY. You are solely respon- sible for any misuse of the Licensed Software un- der this Agreement and for any liability or damage related in any way to your use of the Licensed Soft- ware in violation of this Agreement. You are also responsible for using the Licensed Software in ac- cordance with the limitations of this Agreement.

6.TERMINATION. This Agreement is effective 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 Li- censed Software, all back up copies and all related materials provided to You by Siemens. Your li- cense rights terminate automati-cally and immedi- ately without notice if You fail to comply with any provision of this Agreement. The rights and obliga- tions 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 NEI- THER SIEMENS NOR ANY OF ITS LICENSORS MAKE ANY REPRESENTATIONS OR WARRAN- TIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MER- CHANTABILITY OR FITNESS FOR A PARTICU- LAR PURPOSE OR THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE- MARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY SIEMENS OR ITS LICENSORS OR BY ANY OTHER PARTY THAT THE FUNC- TIONS CONTAINED IN THE LICENSED SOFT- WARE WILL MEET YOUR REQUIREMENTS OR

THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ER- ROR-FREE AND SIEMENS AND ITS LICEN- SORS HEREBY DISCLAIM ANY AND ALL LIABILITY ON ACCOUNT THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIV- EN BY A SIEMENS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY AF- FECT THIS DISCLAIMER. YOU ASSUME ALL RESPONSIBILITY TO ACHIEVE YOUR INTEND- ED 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, 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,

en; VAR issue date: 050613

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Siemens AX72 manual License Agreement