| 1. |
Scope |
| 1.1 |
Any use of this web site provided
by Siemens Aktiengesellschaft and/or its
affiliates ("Siemens"), "Siemens Web Site", is
subject to these Terms of Use. These Terms of
Use may be amended, modified or replaced by
other terms and conditions, e.g. for the
purchase of products and services. With log-in,
or where a log-in is not required, in accessing
or using the Siemens Web Site these Terms of Use
are accepted in their then current
version. |
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| 1.2 |
In the case of Web offers aimed at
companies or public enterprises, such companies
or enterprises are represented by the user and
must assume that the user has appropriate
knowledge and acts accordingly. |
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| 1.3 |
If the User uses this Siemens Web
Site as business customer, i.e. that it is not
acting for purposes which are outside its trade,
business or profession, or as administration
customer, § 312e para. 1 sentence 1 no. 1 - 3 of
the German Civil Code does not apply. |
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| 2. |
Services |
| 2.1 |
This Siemens Web Site contains
specific information and software, as well as -
as the case may be - related documentation, for
viewing or downloading. |
| 2.2 |
Siemens may stop 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 determine certain sites,
which were previously freely accessible, subject
to registration. Siemens is entitled, at any
time and without obligation to give reasons, to
deny the User the right to access the
password-protected area by blocking its User
Data (as defined 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
- did not use the Siemens Web Site for a
longer period.
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| 3.2 |
For registration the User shall
give accurate information and, where such
information changes over time, update such
information (to the extent possible: online)
without undue delay. The User shall ensure, that
its e-mail address, as supplied to Siemens, is
current at all times and an address at which the
User can be contacted. |
| 3.3 |
Upon registration the User will be
provided with an access code, comprising a User
ID and a password ("User Data"). On first access
the User shall promptly change the password
received from Siemens into 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 and to the
extent the User becomes aware that third parties
are misusing its User Data the User shall notify
Siemens thereof without undue delay in writing,
or, as the case may be, by e-mail. |
| 3.5 |
After receipt of the notice under
paragraph 3.4, Siemens will deny access to the
password-protected area under such User Data.
Access by the User will only be possible again
upon the User's application to Siemens or upon
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.
In such event Siemens will remove all user data
and other stored personally identifiable data of
the User as soon as these data are 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, for example software downloads,
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. |
| 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 such is 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 neither from the
information nor from the software or
documentation, or any copies thereof. |
| 4.6 |
§§ 69a et seq. of the German
Copyright Law shall not be affected
hereby. |
| 5. |
Intellectual Property
|
| 5.1 |
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. |
| 5.2 |
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. |
| 5.3 |
Siemens may, without charge, use
any ideas or proposals stored by a User on the
Siemens Web Sites for the development,
improvement and sale of its products. |
| 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.
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| 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 |
| |
The Siemens Web Site may contain
hyperlinks to the web pages of third parties.
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. The use of such web
pages shall be at the sole risk of the User.
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| 8. |
Liability for defects of title
or quality |
| 8.1 |
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. |
| 8.2 |
The information on the Siemens Web
Site may contain specifications or general
descriptions related to the technical
possibilities of individual products which 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. |
Other Liability,
Viruses |
| 9.1 |
The liability of Siemens for
defects in relation to quality and title shall
be determined in accordance with the provisions
of § 8 of these Terms of Use. Any further
liability of Siemens is excluded unless required
by law, e.g. under the Act on Product Liability
or in cases of willful misconduct, gross
negligence, personal injury or death, failure to
meet guaranteed characteristics, fraudulent
concealment of a defect or in case of breach of
fundamental contractual obligations. The damages
in case of breach of fundamental contractual
obligations is limited to the contract-typical,
foreseeable damage if there is no willful
misconduct or gross negligence. |
| 9.2 |
Although Siemens makes every
endeavor to keep the Siemens Web Site free from
viruses, Siemens cannot make any guarantee that
it is virus-free. 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. |
| 9.3 |
§§ 9.1 and 9.2 do not intend nor
imply any changes to the burden of proof to the
User's disadvantage. |
| 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
information, 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, software 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 German authorities shall be observed.
Access 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 Data Protection Privacy
Policy, which is available per hyperlink on the
Siemens Web Site and/or on
www.siemens.com. |
| 12. |
Supplementary Agreements,
Place of Jurisdiction, Applicable Law |
| 12.1 |
Any supplementary agreement
requires the written form. |
| 12.2 |
The place of jurisdiction shall be
Munich if the User is a merchant in terms of the
German Commercial Code
(Handelsgesetzbuch). |
| 12.3 |
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. |
| 12.4 |
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 Germany, to the exclusion of
its conflict of laws rules. The application of
the United Nations Convention on Contracts for
the International Sales of Goods (CISG) of 11
April 1980 is
excluded. |
