User Manual

Restricted

in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-

free. No oral or written information or advice given by a Siemens representative shall create a warranty of 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. This exclusion shall not apply in the event of gross negligence, unlawful intent

or insofar as mandatory law provides otherwise.

9. LIMITATION OF LIABILITY. Unless otherwise agreed separately in writing between the parties, in no event shall

Siemens, its employees, licensors, affiliates or agents be liable for any costs of procurement of substitute goods or

services, loss of data, loss of use, property damage, loss of profits interruption of business or 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 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.

10. TECHNICAL SUPPORT AND AUDIT. Siemens and its affiliates have no obligation to furnish You with technical

support services or to debug the Software unless separately agreed in writing between You and Siemens. Siemens

and where applicable its licensors in the Software shall be free to use any feedback and/or technical data including

audit data received from You resulting from your access to and use of the Software for any purpose including

(without limitation) development, manufacture, marketing, product ordering, and maintenance or support of

products and services. If and insofar as permissible under the relevant laws You permit Siemens and its affiliates

to audit the use of the Software and will give assistance and access to the necessary information.

12. EXPORT CONTROL. The Software, including technical data / cryptographic software, may be subject to Swiss,

German, European Union and U.S. export controls and may be subject to import or export controls in other coun-

tries. You agree to strictly comply with all applicable import and export regulations when distributing or using the

Software. Siemens shall not be obligated to fulfill this agreement if such fulfillment is prevented by any impedi-

ments arising out of Swiss national or European Community and US Re-export international foreign trade or cus-

toms requirements or any embargoes or other sanctions.

13. MISCELLANEOUS. Unless Siemens has given separate individual contract conditions in writing this EULA repre-

sents the entire agreement between You and Siemens relating to the Software and (i) supersedes all prior or

contemporaneous oral or written communications with respect to its subject matter; and (ii) prevails over any

conflicting or additional terms of any communication between the Parties during the term of this EULA. If any

provision of this EULA is held invalid, all other provisions shall remain valid unless such validity would frustrate

the purpose of this EULA, and this EULA shall be enforced to the full extent allowable under applicable law.