User Manual

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f) You may not or direct any third party to reverse engineer, de-compile, or disassemble those Software pro-
grams except and only to the extent that such activity is expressly permitted by applicable law notwithstand-
ing this limitation.
g) You also shall not or direct any third party to (i) modify or create a derivative work of the Software, or (ii)
extract any individual parts except and only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
h) This EULA does not grant You any rights whatsoever in relation to the trademarks or service marks of Siemens.
3. MISUSE OF THE LICENSED SOFTWARE. If a misuse of the Software by You requires Siemens or any licensor of
Siemens to engage in any legal or other proceeding to enforce their rights under this EULA, Siemens and/or its
licensor shall be entitled to recover from You, in addition to any other sums due, reasonable attorney’s fees, costs
and disbursements unless otherwise agreed in a separate writing between the Parties.
4. UPDATES. Siemens, its affiliates, service providers, suppliers and/or distributors may, at their sole discretion,
make available firmware updates, enhancements, changes, modifications, security patches, additional function-
ality or bug fixes (“New Functionalities”) to the system for the Software and/or hardware device on which the
Software is used. Such New Functionalities may be (i) provided by Siemens with reasonable notice before such
New Functionalities are available or (ii) pushed automatically via remote access or any other access available.
Non-current versions of the Software and/or a hardware device with a non-current version of the Software may
not be supported by Siemens and may not be updated to future versions. You hereby consent to the foregoing
and release Siemens and its affiliates, service providers, suppliers and/or dealers from any and all liability arising
from action to the extent permitted by law.
5. ADDITIONAL TERMS FOR THIRD PARTY COMPONENTS. This EULA applies to updates, releases, revisions, en-
hancements, or supplements to the original Software provided by Licensor or Siemens (“Updates”), unless Licen-
sor or Siemens provide other terms along with the Update. The Software may contain certain components such
as open source software components or third party components licensed by Siemens (each, a “Component”).
Each Component may have a separate end user license agreement (a “Third Party License”). The terms of any
Third Party License (if any) that apply to the Software are specified and part of the Additional Terms. In case your
Software and/or hardware device uses an internet connection, such connection may be subject to separate terms
and conditions.
6. OTHER THIRD PARTY SOFTWARE NOT PROVIDED. If and to the extent the Software runs on a system other than
a Siemens system and/or a system not delivered by Siemens and except where the parties agree in writing to the
contrary, you are solely responsible for ensuring that: (i) the system on which the Software is installed, run and/or
used contains all third party software not contained in or bundled with the Software as delivered and that is
necessary to run, install and/or use such Software (“Other Third Party Software”) and (ii) You and/or your system
fulfill the requirements of all required licenses for such Other Third Party Software.
7. TERMINATION. This EULA is effective from the first date You install, copy or otherwise use the Software. You may
terminate this EULA at any time by stopping the use of the Software, deinstalling the Software from every machine
and/or hardware device, if possible, deleting all the Software copies in your possession and all related materials
provided to You by Siemens except where otherwise is agreed between Siemens and You. Without prejudice to
any other rights of Licensor or Siemens, Your license rights terminate automatically and immediately without
notice if You fail to comply with any provision or condition of this EULA. In such a case You will be obliged to
destroy all copies, all related materials of the Software and all its components. Separate terms and conditions for
the delivery of hardware devices, if any, shall remain unaffected.
8. WARRANTY DISCLAIMER. Unless Siemens agrees in a separate writing to provide an exception to this warranty
disclaimer with respect to the Software Siemens shall be only liable for defects and any violation of property rights
as set forth in this Clause as follows:
You acknowledge the Software is provided “as is” and neither Siemens nor any of the licensors make any represen-
tation or warranties, express or implied, including but not limited to the warranties of merchantability or fitness
for the particular purpose or that the Software will not infringe any third party patents, copyrights, trademarks or
other rights. There is no warranty by Siemens or their licensor or by any other party that the functions contained