Basic Documentation

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All Rights Reserved.
© Siemens Industry, Inc. (2016).
2016-12-30
9.
Warranty. Siemens shall be only liable for defects and any violation of property rights, as set forth in this
Clause 9.
a)
UNLESS SIEMENS AGREES IN A SEPARATE WRITING TO PROVIDE AN EXCEPTION TO THIS
WARRANTY DISCLAIMER WITH RESPECT TO THE LICENSED SOFTWARE, YOU
ACKNOWLEDGE THE LICENSED SOFTWARE IS PROVIDED “AS IS” AND NEITHER SIEMENS
NOR ANY OF THEIR LICENSORS (IF ANY) MAKE ANY REPRESENTATIONS 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 THEIR 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. 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.
b)
Any further rights and remedies than those as per this Clause 9 (in particular Your right to claim
damages) based on a defect or a violation of property rights shall be excluded. This exclusion shall
not apply in the event of gross negligence, unlawful intent or insofar as mandatory law provides
otherwise.
10.
Limitation Of Liability. UNLESS OTHERWISE AGREED IN CLAUSES 9 AND 10, IN NO EVENT SHALL
SIEMENS, ITS EMPLOYEES, LICENSORS, AFFILIATES, AGENTS OR SIEMENS AG AND THEIR
AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, PROPERTY DAMAGE, LOSS OF PROFITS, INTERRUPTION OF BUSINESS
OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED, AND WHETHER ARISING UNDER 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., PRODUCT LIABILITY
LAW OR INTENSIONAL MISCONDUCT).
11.
Debugging / Technical Support. Unless otherwise agreed, Siemens or SIEMENS AG and their affiliates
have no obligation to furnish You with any further technical support or to debug the LICENSED
SOFTWARE. Siemens reserves the right to improve the LICENSED SOFTWARE described here and to
carry out modifications at any time without any prior notice.
12.
Governing Law/Export Restrictions/Legal Compliance. This EULA shall be governed by and construed
and interpreted by the laws of the State of Illinois, without regard to any conflict of laws provisions therein.
Licensee shall comply with all then-current export and import laws and regulations of the United States
and such other governments as are applicable when distributing or using the LICENSED SOFTWARE.
Licensee hereby certifies that it will not directly or indirectly export, re-export, transship, or transmit the
LICENSED SOFTWARE, or any portion thereof, or related information, media, or products in violation of
United States laws and regulations. You represent and warrant that You are not (i) located in any country
that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a
"terrorist sponsoring" country, or (ii) listed on any U.S. Government list of prohibited or restricted parties
including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person's List or Entity List.
13.
For U.S. Government End Users: The LICENSED SOFTWARE was developed at private expense and is
a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer
software” and “commercial computer software documentation” as such terms are used in 48 C.F.R.
12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S.
Government end users acquire the LICENSED SOFTWARE with only those limited rights set forth therein.
Publisher is Siemens Industry, Inc., 1000 Deerfield Parkway, Buffalo Grove, Illinois 60089.