142 License Agreement
DER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY, 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 LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT SIEMENS´ LIABILITY IS MANDATORY UNDER THE APPLICABLE LAW E.G. ACCORDING TO PRODUCT LIABILITY LAW OR IN THE EVENT OF INTENTIONAL 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 Soft- ware may include technical data and crypto- graphic software and is subject to German, European Union and U.S. export controls and may be subject to import or export con- trols 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 Administration Regulations, that You shall not disclose or otherwise export or
12.APPLICABLE LAW AND FORUM. The laws of Germany govern this Agreement. No choice of law rules of any jurisdiction will ap- ply. The courts in Munich shall settle any dis- putes arising out of or relating to this Agree- ment provided you are a merchant.
13.MISCELLANEOUS. This Agreement rep- resents the entire agreement between You and Siemens relating to the Licensed Soft- ware and (i) supersedes all prior or contem- poraneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any ac- knowledgement or similar communication between the parties during the term of this License. Notwithstanding the foregoing, some products of