130 Licence Agreement
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 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, EX- EMPLARY, ECONOMIC, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND WHETHER ARISING UN- DER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY, OR ARISING OUT OF THE USE OF OR INA- BILITY TO USE THE LICENSED SOFT- WARE, 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 UN- DER 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 Software may include technical data and cryptographic software and is subject to Ger- man, European Union and U.S. export con- trols 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. Specifically, You agree, to the extent required by U.S. Ex- port Administration Regulations, that You shall not disclose or otherwise export or re- export the Licensed Software or any part thereof delivered under this Agreement to
(a) Cuba, Iran, Iraq, Libya, North Korea, Su- dan, Syria or any other country (including a national or resident of such country) to which the U.S. has restricted or prohibited the ex- port of goods or services.
12.APPLICABLE LAW AND FORUM. The laws of Germany govern this Agree- ment. No choice of law rules of any jurisdic- tion will apply. The courts in Munich shall settle any disputes arising out of or relating to this Agreement provided you are a mer- chant.
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 Siemens may require You to agree to additional terms through an on- line