| 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. |
