140 License Agreement

(c)You may not sublicense, rent or lease the Licensed Software.

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

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

5.MISUSE OF THE LICENSED SOFT- WARE OR DATA GENERATED BY THE LI- CENSED SOFTWARE IS STRICTLY PROHIBITED BY SIEMENS, MAY VIOLATE GERMAN, U.S. AND OTHER LAWS AND MAY SUBJECT YOU TO SUBSTANTIAL LI- ABILITY. You are solely responsible for any misuse of the Licensed Software under this Agreement and for any liability or damage related in any way to your use of the Li- censed Software in violation of this Agree- ment. You are also responsible for using the Licensed Software in accordance 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 Licensed Software, all back up copies and all related materials provided to You by Siemens. Your license rights terminate au- tomati-cally and immediately without notice if You fail to comply with any provision of this Agreement. The rights and obligations 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 NEITHER SIEMENS NOR ANY OF ITS LI- CENSORS MAKE ANY REPRESENTA-

TIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY SIEMENS OR ITS LICENSORS OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE AND SIEMENS AND ITS LICENSORS HEREBY DISCLAIM ANY AND ALL LIABILITY ON ACCOUNT THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A SIEMENS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY AFFECT THIS DISCLAIMER. YOU ASSUME ALL RESPONSIBILITY TO ACHIEVE YOUR INTENDED 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, LI- CENSORS, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT DAMAGES, LOST PROFITS, DATA OR BUSINESS, OR COSTS OF PROCUREMENT OF SUBSTI- TUTE GOODS OR SERVICES, PROPERTY DAMAGE, INTERRUPTION OF BUSINESS OR FOR ANY SPECIAL, INDIRECT, INCI- DENTAL, EXEMPLARY, ECONOMIC, PUNI- TIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT, NEG- LIGENCE, OR OTHER THEORY OF LIABIL-