138 License Agreement
9.LIMITATION OF LIABILITY. IN NO EVENT SHALL SIEMENS, ITS EMPLOY- EES, LICENSORS, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT DAMAGES, LOST PROFITS, DATA OR BUSINESS, OR COSTS OF PROCURE- MENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, INTER- RUPTION OF BUSINESS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLI- GENCE, OR OTHER THEORY OF LIABIL- ITY, OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF SIEMENS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABIL- ITY SHALL NOT APPLY IF AND TO THE EXTENT SIEMENS´ LIABILITY IS MANDA- TORY UNDER THE APPLICABLE LAW E.G. ACCORDING TO PRODUCT LIABIL- ITY LAW OR IN THE EVENT OF INTEN- TIONAL 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 Software may include technical data and cryptographic software and is subject to German, European Union and U.S. export controls and may be subject to import or export controls in other countries. You agree to strictly comply with all applicable import and export laws and regulations. Specifi- cally, You agree, to the extent required by U.S. Export Administration Regulations, that You shall not disclose or otherwise export or
(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 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 represents the entire agreement between You and Siemens relating to the Licensed Software and (i) supersedes all prior or con- temporaneous oral or written communica- tions, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any acknowledgement or similar communi- cation between the parties during the term of this License. Notwithstanding the foregoing, some products of