1. Scope
1.1 Any use of this web site ("Siemens Web Site") provided by Siemens Aktiengesellschaft and/or its affiliates ("Siemens") by you (“User”), is subject to the following legal notices and conditions of use (‘Terms of Use”). User agrees to these Terms of Use by accessing the Siemens Web Site. User’s use of the Siemens Web Site confirms acceptance of the Terms of Use and if not accepted, the User must discontinue any use of the Siemens Web Site
1.2 This Siemens Web Site contains Siemens proprietary material, designs and drawings, software programs and pictures ("Site Content"). The Siemens Web Site and Site Content are subject to change, modification and withdrawal at any time at Siemens' sole and absolute discretion and without any prior notice. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services.
2. Services
2.1 This Siemens Web Site contains specific information and software, and may contain related documentation, for viewing or downloading.
2.2 This Siemens Web Site and the Site Contents are provided as a convenience on an "AS IS" and "AS AVAILABLE" basis. Siemens may cease the operation of the Siemens Web Site in full or in part at any time. Due to the nature of the Internet and computer systems, Siemens cannot accept any liability for the continuous availability of the Siemens Web Site.
3. Registration, Password
3.1 Some pages of the Siemens Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Siemens reserves the right to deny registration to any User. Siemens particularly reserves the right to designate certain sites, including those that may previously have been freely accessible, subject to registration. Siemens is entitled, at any time and without obligation to provide justification, to deny the User the right to access the password-protected area by blocking its User Data (as de-fined below), in particular if the User
· uses false data for the purpose of registration;
· violates these Terms of Use or neglects its duty of care with regard to User Data;
· violates any applicable laws in the access to or use of the Siemens Web Site; or
· does not use the Siemens Web Site for an extended period.
3.2 For registration the User shall give accurate information and, where such information changes over time, shall up-date such information (online, to the extent possible) without undue delay. The User shall ensure, that its e-mail address, as supplied to Siemens, is current and useable at all times.
3.3 Upon registration the User will be provided with an access code, comprised of a User ID and a password ("User Data"). Upon initial access, the User shall promptly change the password received from Siemens to a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
3.4 The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password-protected websites. If the User becomes aware that third parties are misusing its User Data, the User shall notify Siemens thereof without undue delay in writing or by e-mail.
3.5 Upon receipt of the notice under paragraph 3.4, Siemens will deny access to the password-protected area through use of such User Data. Thereafter, access by the User will be possible only upon User's application to Siemens or submission of new registration.
3.6 The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships, if any. In such event Siemens will remove all User Data and other stored personally identifiable data of the User promptly once such data is no longer needed.
4. Rights of Use to Information, Software and Documentation
4.1 The use of any information, software and documentation made available on or via this Siemens Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Siemens. Separately agreed to license terms shall prevail over these Terms of Use.
4.2 Siemens grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Siemens Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Siemens in making same available. This license will automatically terminate if you breach any of these terms and conditions or this license. No commercial use of this information may be made without written permission of Siemens.
4.3 Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case Siemens shall make the source code available in return for the payment of costs.
4.4 Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.
4.5 The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices either from the information or from the software or documentation, or any copies thereof.
4.6 The images or pictures of Siemens products, people or places are either property of, or used with permission by, Siemens. The use of this Siemens Web Site's text, audio, images or pictures by User, or anyone else authorized by User, is strictly prohibited, except in compliance with these Terms of Use. User may not alter, change, modify or adapt the Siemens Web Site or any Site Content in any way.
5. Intellectual Property
5.1 Siemens is a registered trademark of Siemens in the United States and/or other countries and is protected by international trademark laws. User is prohibited from using any of the marks appearing on this Siemens Web Site without the express prior written consent of Siemens Aktiengesellschaft, except as permitted by applicable laws. Trademarks of companies mentioned herein appear for identification purposes only and are the property of their respective companies. Nothing shown on this Siemens Web Site should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this Siemens Web Site without the written permission of Siemens or the third party that may own the trademark, service mark or trade name at issue.
5.2 Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Siemens Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Siemens.
5.3 Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
6. Duties of the User
6.1 In accessing or using the Siemens Web Site the User shall not
· harm other persons, in particular minors, or infringe their personal rights;
· breach public morality in its manner of use;
· violate any intellectual property right or any other proprietary right;
· upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
· transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
· distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
6.2 Siemens may deny access to the Siemens Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.
7. Hyperlinks
7.1 The Siemens Web Site may contain hyperlinks to the web pages of third parties. A link to a non-Siemens site does not imply that Siemens endorses the site or the products or services referenced on such third party site. Siemens shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Siemens does not control the information on such web pages and is not responsible for the contents and information given thereon. When linking to a third-party site, User does so at his own risk and should review and determine if User agrees to that site's terms and conditions of use (legal policy) before using such site.
7.2 Siemens prohibits, without prior Siemens’ written consent, the use of any Siemens logo or mark as a hyperlink to this Siemens Web Site.
8. Liability for defects
8.1 Siemens makes no representations or warranties whatsoever that access to the Siemens Web Site will be uninterrupted or error-free or that any information, software or other material accessible on or through this Siemens Web Site is free of viruses or other harmful components. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
8.2 Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
8.3 The information on the Siemens Web Site may contain specifications or general descriptions related to the technical possibilities of individual products that may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
9. LIMITATION OF LIABILITY
9.1 SIEMENS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER FOR THE SIEMENS WEB SITE OR THE SITE CONTENT WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PURPOSE AND IN NO EVENT SHALL SIEMENS BE LIABLE TO THE USER FOR LOSS OR DAMAGE ARISING FROM THE USE OF THE SIEMENS WEB SITE OR SITE CONTENT, INCLUDING ANY FILES WHICH MAY BE DOWNLOADED FROM OR THROUGH THE SIEMENS WEB SITE. SIEMENS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY OTHER WEB SITE WHICH USER MAY ACCESS THROUGH THE SIEMENS WEB SITE. SIEMENS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SIEMENS WEB SITE, EVEN IF SIEMENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIEMENS ASSUMES NO RESPONSIBILITY, AND SHALL HAVE NO LIABILITY FOR, ANY DAMAGES TO OR VIRUSES THAT MAY INFECT THE USER’S PHONE, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF OR ARISING OUT OF USE OF OR ACCESS TO THIS SIEMENS WEB SITE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO SOME USERS. THE LIABILITY OF SIEMENS IN ANY SUCH CASE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Export Controls
10.1 The export of certain information, software and documentation may, e.g. due to its nature or intended use or final destination, be subject to authorization. The User shall strictly conform with the export regulations for in-formation, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. Siemens shall label information, software and documentation in relation to German and EU export control lists and U.S. Commerce Control List.
10.2 The User shall particularly check and verify that
· the information, software and documentation shall not be used for any purpose related to armaments, nuclear technology or weapons;
· no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive commodities, soft-ware or technology of U.S. origin;
· no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List shall receive items of U.S. origin without a license; and
· no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List, Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods;
· no military consignees shall be supplied;
· the early warning instructions of the respective US authorities shall be observedAccess to software, documentation and information on the Siemens Web Site shall only take place if such conforms with the above checks and guarantees. Where the User does not comply with the above, Siemens shall not be obliged to perform.
10.3 Upon request Siemens shall inform the User of the relevant contact points for further information.
11. Data Privacy Protection
For collection, use and processing of personally identifiable data of the User of the Siemens Web Site, Siemens shall comply with applicable laws on data privacy protection and the Siemens Web Site Privacy Policy, which is available per hyperlink on the Siemens Web Site.
12. Supplementary Agreements, Applicable Law
12.1 Any supplementary agreement must be in writing and shall not be binding on Siemens unless issued by Siemens or signed by an authorized representative of Siemens.
12.2 The individual pages of the Siemens Web Site are operated and administered by Siemens Aktiengesellschaft and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Siemens makes no representation that information, software and/or documentation on the Siemens Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Siemens Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Siemens Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Siemens, the User should contact the Siemens representative for the particular country for country specific business.
12.3 These Terms of Use shall be governed by, and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with, the laws of the State of California, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods is excluded.
