| 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. |
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| 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. |
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| 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.
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| 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.
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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 obli-gation
arising from these Terms of Use. |
| 7. |
Hyperlinks |
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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.
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| 10.3 |
Upon request Siemens shall inform the User of
the relevant contact points for further information. |
| 11. |
Data Privacy Protection |
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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. |
