| 1. |
Scope |
| 1.1 |
The use of these
internet pages provided by
Siemens Aktiengesellschaft and/or
its subsidiaries
("Siemens"),
"Siemens Web Site", is
only allowed on the basis of
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, by
starting the use of the Siemens
Web Site these Terms of Use are
accepted in their then current
version. |
|
| 1.2 |
If the User while
using the Siemens Web Site acts
as business customer, i.e. that
it is not acting for purposes
which are outside its trade,
business or profession, or that
it acts as administration
customer, § 312e para. 1
sentence 1 no. 1 - 3 of the
German Civil Code does not apply. |
|
|
| 2. |
Services |
| 2.1 |
Siemens offers on
the Siemens Web Site 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
previ-ously 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
de-fined below), in particular
if the User
- uses a false identity for
the purpose of misleading
others;
- violates these Terms of
Use or neglects its duty of
care with regard to User
Data; or
- did not use the Siemens
Web Site for a longer period.
|
| 3.2 |
For registration
the User shall give accurate
information and, where such
information changes over time,
shall inform Siemens thereof (to
the extent possible: online)
without undue delay. The User
shall ensure, that its e-mail
address, as supplied to Siemens,
will be current 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
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 the case
may be, to withdraw its consent
to data processing. |
| 3.4 |
The User shall
ensure that the User Data will
not be accessible by third
parties and is liable for all
transac-tions 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 inform 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 shall deny access to the
password-protected area under
such User Data. Access will only
be possible again upon the
User's application to Siemens or
upon new registration. |
| 3.6 |
The User may at
any time demand the deletion of
its registration in writing,
provided that the deletion will
not violate the proper
performance of contractual
relationships. In such event
Siemens will delete all user
data and other stored personally
identifiable data of the User as
soon as these data are not
needed anymore. |
| 4. |
Rights of Use
to Information, Software and
Documentation |
| 4.1 |
The use of any
information, software and
documentation provided on the
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 the
User a non-exclusive and
non-transferable right to use
the information, the software
and documentation made available
to the User on 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 condi-tions take
priority over these Terms of Use
in the case of transfer of open
source software and which
condi-tions 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
soft-ware or separate any part
thereof. The User may make one
backup copy of the software
where necessary to secure
further use. |
| 4.5 |
The information,
software and documentation are
protected by copyright laws as
well as international copy-right
treaties as well as other laws
and conventions related to
intellectual property. The User
shall observe such laws and in
particular shall not remove any
alphanumeric code, marks or
copyright notices neither from
the information nor from the
software or documentation. |
| 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 conditions,
information, brand names and
other contents of the Siemens
Web Site may not be changed,
copied, reproduced, sold, rented,
used, supple-mented 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 shall be granted to
the User nor shall any duty be
implied to grant rights to, such
as, but not limited to,
company's name or to
intel-lectual property rights
such as patents, brands or
utility models. |
| 6. |
Duties of the
User |
| 6.1 |
While 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 illegal; or
- distribute advertising or
unsolicited e-mails (so-called
"spam") or
incorrect 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 action.
|
| 6.2 |
Siemens may deny
access to the Siemens Web Site
at any time, in particular if
the User breaches any
obli-gation arising from these
Terms of Use. |
| 7. |
Hyperlinks |
| |
The Siemens Web
Site may contain hyperlinks to
the Web pages of third parties.
Siemens accepts no liabil-ity
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. |
| 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 as well as
personal injury or death. |
| 8.2 |
The information
may contain 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
conditions. Any further
liability of Siemens is excluded
unless required by law, e.g. in
cases of willful misconduct,
gross negligence, personal
injury or death, failure to
achieve guaranteed
char-acteristics, 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, fore-seeable
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. The
User shall use all reasonable
steps to ensure security
measures and utilize a virus
scanner to ensure that no
viruses are uploaded onto the
Siemens Web Site. |
| 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
pur-pose or 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, EU and U.S. export
control lists. |
| 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 energy, weaponry or
other military use;
- no undertaking or person
listed in the U.S. Denied
Persons List (DPL) shall
receive goods, software or
technology originating in
the U.S.;
- no undertaking or person
named in the U.S. Warning
List, U.S. Entity List or
U.S. Specially Designated
National List shall receive
goods originating in the
U.S. without permission; and
- the early warning advice
notices 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 tests 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
Pro-tection 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 Siemens Web
Site is operated and
administered by companies with
business residence in Germany.
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
of Germany. If Users access
Siemens Web Site from outside of
Germany, they are exclusively
responsible for compliance with
all local laws. Access to
Siemens Web Site's information,
software and/or documentation
from countries where such
content is illegal is prohibited.
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. |
