26License Agreement

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 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 Software may include technical data and cryptographic soft- ware and is subject to German, European Union and U.S. export controls and may be subject to im- port or export controls 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 Admin- istration Regulations, that You shall not disclose or otherwise export or re-export the Licensed Soft- 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 relating 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 par- ty will not be deemed a waiver of any right related to a subsequent breach of such provision or any other right hereunder. Notwithstanding anything 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.