"Module Exchange Suite" End User License Agreement    


This End User License Agreement (the Agreement) is entered into between you and Siemens Aktiengesellschaft, which has registered offices in Berlin and Munich, Germany.

By installing this software (the Software), You acknowledge that You have read this Agreement, understand it and agree to be bound by its terms and conditions and supersedes any proposal or prior agreement, both oral or written, and any other communications between us relating to the subject matter of this Agreement. You further agree that if Siemens is required to engage in any proceeding, legal or otherwise, to enforce its rights under this Agreement, Siemens shall be entitled to recover from you, in addition to any other sums due, reasonable attorney fees, costs and disbursements.

This Software and its accompanying documentation (Documentation) are the intellectual property of Siemens and/or its licensors. All trademarks are trademarks of the appropriate owner.
You shall not acquire copyright to the Software and/or its Documentation. 

Siemens grants you the non-exclusive and non-transferable, limited right to use the Software and its Documentation for non commercial purposes, for an unlimited period of time within the framework of the following regulations:

The Software may only be installed on one single data processing device at a time. If the Software is installed on more than one PC, server or workstation, an additional user license must be acquired from Siemens for each additional PC, server or workstation on which the Software is installed or run.

The Software may not be modified, i.e. it may not be translated, disassembled, decompiled, reverse-programmed or reverse-developed in any way whatsoever. Furthermore, individual program components must not be removed.

You may make ONE backup copy of the Software for data backup purposes under the condition however that Alphanumeric codes, marks, trademarks, copyright notices and other information relating to Siemens and/or its licensors shall be reproduced without modification on such a backup copy. Documentation may not be reproduced. 
You shall not supply the Software and/or its Documentation to a third party without prior authorization from Siemens, i.e. the Software and/or its Documentation may not be leased, sold, lent or sub-licensed.

The Software and its Documentation were created with high attention to detail and were checked for accuracy against state-of-the-art technology. Siemens does not warrant that the operation of the Software will meet your requirements or that the operation of the Software will be uninterrupted, be error free, or that defects in the Software will be corrected. The Software and its Documentation are provided "as is" without warranty of any kind. The entire risk as to the quality and performance of the Software and/or its Documentation is with you. If the Software and/or its Documentation prove to be defective or inadequate, you assume the entire costs, including servicing or repair. No oral or written information or advice given by a Siemens representative shall create a warranty or in any way increase the scope of this disclaimer.

Siemens makes no warranty, either expressed or implied, with respect to this Software and its Documentation.

Siemens specifically disclaims the implied warranties for merchantability and fitness for a particular purpose, or freedom from any third party rights in the Software and its Documentation. 

Under no circumstances (including negligence), shall Siemens be liable for any lost profits, direct, indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, even if Siemens has been advised of the possibility of such damages. In no event shall Siemens' total liability for damages, losses and causes of action, whether in contract, tort (including negligence), or otherwise, exceed five (5) euros. The foregoing limitations of liability shall not apply in case of mandatory liability, e.g. under the German Product Liability Act, in case of intent, gross negligence, injury of life, body or health, or breach of a condition which goes to the root of the contract. However, claims for damages arising from a breach of a condition which goes to the root of the contract shall be limited to the foreseeable damage which is intrinsic to the contract, unless caused by intent or gross negligence or based on liability for injury of life, body or health.

Siemens further disclaims all liability for damage to or loss of hardware, software or data resulting directly or indirectly from errors or faults. Siemens also accepts no liability whatsoever for costs incurred, including telephone costs relating to the Software and Documentation supplied, and those pertaining to incorrect installations performed by non-Siemens personnel.

You agree to comply with all export laws, regulations and restrictions of the Federal Republic of Germany, the European Union (EU) and/or the United States of America (USA).

This Agreement shall be governed by and construed in accordance with the laws of Germany. The application of the United Nation Convention on Contracts for the International Sale of Goods of April 11th, 1980 shall be excluded.

All disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be finally settled under the Rules of Arbitration of the Deutsche Institution für Schiedsgerichtbarkeit (DIS), by one arbitrator in accordance with the said Rules. The seat of arbitration shall be Munich, Germany. The procedural law of this place shall apply where the Rules are silent.

This Agreement and your right to use this Software and its Documentation shall automatically terminate if you fail to comply with any provision of this Agreement.

In the event any provision or clause of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not be affected or impaired in any way and a valid, legal and enforceable provision of similar intent and economic impact shall therefore be substituted. 

