Basic Documentation

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 INTENTIONAL MISCONDUCT).

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

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

Siemens and where applicable their licensors in the Licensed 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 Licensed Software

for any purpose for business purposes, 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 Licensed 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 countries.

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

SOFTWARE. Specifically, You agree, to the extent required by U.S. Export Administration Regulations, that You shall

not disclose or otherwise export or re-export the Licensed Software or any part thereof as provided in the Smart

Thermostat RDS120 Product and delivered under this EULA to any country (including a national or resident of such

country) to which the U.S. has restricted or prohibited the export of goods or services. 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.

14. APPLICABLE LAW AND FORUM. This EULA is governed by the laws of the State of Illinois without regard to any

conflict of laws provisions therein. No choice of law rules of any jurisdiction will apply. Any disputes arising out of or

relating to this EULA shall be settled by the courts in Illinois to the extent permitted by mandatory law.

15. MISCELLANEOUS. Unless Siemens has given separate individual contract conditions in writing, this EULA

represents the entire agreement between You and Licensor or Siemens relating to the LICENSED SOFTWARE and (i)

supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect

to its subject matter; and (ii) prevails over any conflicting or additional terms of any acknowledgement or similar

communication between the parties during the term of this License. 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. No modification to this EULA is binding, unless in writing

and signed by a duly authorized representative of each party. This EULA shall be binding on and shall inure to the

benefit of the heirs, successors, and assigns of the parties hereto. The failure of either party to enforce any right

resulting from the breach of any provision of this EULA by the other party will not be deemed a waiver of any right

related to a subsequent breach of such provision or any other right hereunder.