Other Certificate / Approval

Readme for 3rd Party Software
Issue: 14-Sep-2016 page 10/12
© Copyright 2017, Siemens Schweiz AG Unrestricted
conjunction with this Agreement and the relationship between the parties hereunder shall not
prevent any such activities by either party.
8.4 Governing Law. This Agreement shall be governed by, interpreted and construed, and
performance hereunder shall be determined in accordance with the laws of England. The
application of the UN Convention on Contracts for the International Sale of Goods is expressly
excluded. In the event of disputes or claims relating to this Agreement, both parties agree to
seek an amicable settlement. Should an amicable settlement not be reached, then any controversy
or claim arising out of or in connection with this Agreement shall be finally settled under the
Rules of Conciliation and Arbitration of the International Chamber of Commerce in Paris by
three arbitrators appointed in accordance with said rules. The arbitration shall be held in
Zürich, Switzerland and shall be conducted in the English language.
8.5 Relationship of the Parties. Nothing in this Agreement shall be construed to create a
relationship of employer and employee, principal and agent, joint venture, partnership or
association between WHIS and the Licensee.
8.6 Non-Waiver. The failure of either party at any time to require performance by the other
party of any provision hereof shall not affect in any way, or act as a waiver of, the right to
require the other party to perform in accordance with this Agreement at any other time, nor
shall the waiver of either party of a breach of a provision of this Agreement be held or taken
to be a waiver of the provision itself.
8.7 Severability. If any term of this Agreement is held to be invalid or unenforceable for any
reason, the remainder of the provisions shall continue in full force and effect, and the
parties shall substitute a valid provision with the same intent and economic effect.
8.8 Headings. The paragraph headings appearing in this Agreement are inserted only as a matter
of convenience and in no way define, limit, construe or describe the scope or extent of such
paragraph, or in any way affect such agreements.
8.9 Disclosure. The parties agree that a party shall not publicly disclose the terms or content
of this Agreement without the prior written approval of the other party.
8.10 Entire Agreement. This Agreement and the documents referred to herein contains the
parties' entire understanding with respect to the matters contained herein and supersedes any
prior oral or written understandings with respect to the subject matter hereof. There are no
promises, covenants or undertakings other than those set forth herein and therein. This
Agreement may not be modified except by written amendment signed by both parties.
9. PUBLICITY
9.1 Unless otherwise notified by the other Party, both Parties have the right to give
favourable reference to the other s use of the Software for marketing and general publicity
purposes. Such publicity by either Party shall not make specific reference to any product of
the Licensee without the Licensee
s approval.
APPENDIX B - Support and Maintenance Provision
This Appendix defines the Support and Maintenance provided by WHIS to the Licensee for the
support period set out in Appendix C. Appendix C may be reissued at each support renewal
without change to the rest of this licence to extend the period of the support and maintenance
set out in this appendix; the Support and Maintenance Provision (SMP).
B.1 ADDITIONAL DEFINITIONS
The following additional definitions are used in this Appendix and shall have the meaning
hereby assigned to them unless the context would obviously require otherwise.
B.1.1 Business Days are Monday to Friday from 9:00am to 5:00pm UK time, excluding UK Public
holidays.
B.1.2
Documentation means the documents including third party documents specified in the
Licence referenced in Appendix C, any documents supplied by WHIS with the Software and such
other additional documents as WHIS may supply to the Customer during the term of the SMP.
B.1.3 Error means any behaviour or feature of the Software which causes it not to perform,
function or operate in accordance with the Documentation.
B.1.4
Supported User means a User registered to receive support via the WH
IS support forum.
The maximum number of registered users is given in Appendix C.
B.1.5 Remedy means WHIS s correction of an Error, which will ensure that an identified Error
does not reoccur and will restore functionality of the Software set out in the Documentation.
The correction may include a work around, or patch as determined by WHIS.
B.1.6 Support Period is the period from the later of the date of payment for the SMP and the
Support Activation Date to The Support End Date set out in Appendix C (inclusive).
B.1.7
Support Request or SR means a request for Services issued by a Supported User.
B.1.8 Temporary Remedy means any action by WHIS to alleviate an Error which ensures that
reasonable functionality of the Software is restored until a Remedy is implemented.
B.2 SCOPE OF AGREEMENT
B.2.1 This Appendix sets out the terms and conditions under which the Licensee purchases, and
WHIS provides to the Licensee support and maintenance services for the Software during the
Support Period.
B.2.2 Support and maintenance is only provided to the Licensee for the Software defined in
Paragraph 1.2 and is restricted by the limitations given in Error! Reference source not found..
B.2.3 Support and maintenance does not cover any modifications to the Software by the Licensee
or any third party or any effect of such modifications on unmodified parts of the Software or
any part of the Product.
B.2.4 WHIS is under no obligation to provide support and maintenance to a licensee who has not
maintained a continuous SMP since taking first delivery of the Software.
B.2.5 The technical approach and location for resolving any Errors shall be determined by WHIS.
B.2.6 Support is only provided to Supported Users who are registered to receive it. The maximum