Basic Documentation
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d) You may not or direct any third party to, reverse engineer, decompile, decode or disassemble the LICENSED
SOFTWARE except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
e) You (or any third party at your direction) also shall not (i) modify or create a derivative work of the LICENSED
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.
f) This EULA does not grant You any rights whatsoever in relation to the trademarks or service marks of
Siemens, Siemens AG or either’s affiliates.
5. MISUSE OF THE LICENSED SOFTWARE OR DATA GENERATED BY THE LICENSED SOFTWARE IS STRICTLY
PROHIBITED BY LICENSOR, MAY VIOLATE SWISS, U.S. AND OTHER LAWS AND MAY SUBJECT YOU TO
SUBSTANTIAL LIABILITY. You are solely responsible for any misuse of the Licensed Software under this EULA and for
any liability or damage related in any way to your use of the Licensed Software in violation of this EULA. You are also
responsible for using the Licensed Software in accordance with the limitations of this EULA.
6. ADDITIONAL TERMS FOR THIRD PARTY COMPONENTS.. This EULA applies to updates, releases, revisions,
enhancements, or supplements to the original LICENSED SOFTWARE provided by Licensor or Siemens, unless Licensor
or Siemens provide other terms along with the Update. The LICENSED 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 LICENSED SOFTWARE are specified in the READ ME OSS document at
“WWW.USA.SIEMENS.COM/BTCPSEULA”. The terms of such Third Party Licenses are herein incorporated by reference to
this EULA. In the event of any inconsistencies between this EULA and any Third Party License, the terms of this EULA
shall control.
7. TERMINATION: This EULA is effective from the first date You install, copy or otherwise use the LICENSED
SOFTWARE. Without prejudice to any other rights of Licensor or Siemens, the EULA shall terminate automatically and
immediately without notice if You fail to comply with any provision or condition of this EULA. You may terminate this
license at any time by disabling or destroying the Smart Thermostat RDS120 Product in which the LICENSED
SOFTWARE is installed, and all related documentation provided to You by Siemens.
8. WARRANTY DISCLAIMER. Unless Siemens agrees in a separate writing to provide an exception to this warranty
disclaimer with respect to the LICENSED SOFTWARE as provided in the Smart Thermostat RDS120 Product purchased
by you, Siemens shall be only liable for defects and any violation of property rights as set forth in this Clause as
follows:
a) 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 8 (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.
9. NO OTHER OBLIGATIONS; RESERVATION OF RIGHTS. This EULA creates no obligations on the part of Siemens
other than as specifically set forth herein. Siemens reserves all rights not expressly granted to You in this EULA.
10. LIMITATION OF LIABILITY. UNLESS OTHERWISE AGREED IN A SEPARATE WRITING BETWEEN THE PARTIES, 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