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License Agreement68
© Siemens AG 2003, C:\BenQ\DTP-Satz\Produkte\C72_Cormorant_2\out-
left page (68) of C72 Cormorant SUG en, A31008-H7850-A1-3-7619 (11.11.2005, 14:31)
Template: X75, Version 2.2; VAR Language: en; VAR issue date: 050718
(d) You may not reverse engineer, decompile,
modify, or disassemble those Licensed Soft-
ware programs except and only to the extent
that such activity is ex-pressly permitted by ap-
plicable law notwithstanding this limitation.
Parts of the Licensed Software may be supplied
by third parties and may be subject to separate
license terms. Such terms are set out within the
documentation.
5. MISUSE OF THE LICENSED SOFT-
WARE OR DATA GENERATED BY THE LI-
CENSED SOFTWARE IS STRICTLY
PROHIBITED BY SIEMENS, MAY VIOLATE
GERMAN, U.S. AND OTHER LAWS AND MAY
SUBJECT YOU TO SUBSTANTIAL LIABILITY.
You are solely responsible for any misuse of the
Licensed Software under this Agreement and
for any liability or damage related in any way to
your use of the Licensed Software in violation of
this Agreement. You are also responsible for
using the Licensed Software in accordance with
the limitations of this Agreement.
6. TERMINATION. This Agreement is effec-
tive from the first date You install, copy or other-
wise use the Licensed Software. You may
terminate this license at any time by deleting or
destroying the Licensed Software, all back up
copies and all related materials provided to You
by Siemens. Your license rights terminate au-
tomati-cally and immediately without notice if
You fail to comply with any provision of this
Agreement. The rights and obligations under
sections 2, 5, 6, 7, 9, 12 and 13 of this Agreement
shall survive the termination of this Agreement.
7. YOU ACKNOWLEDGE THE LICENSED
SOFTWARE IS PROVIDED "AS IS" AND NEI-
THER SIEMENS NOR ANY OF ITS LICEN-
SORS MAKE ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, IN-
CLUDING BUT NOT LIMITED TO THE WAR-
RANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE
OR THAT THE LICENSED SOFTWARE WILL
NOT INFRINGE ANY THIRD PARTY PAT-
ENTS, COPYRIGHTS, TRADEMARKS OR
OTHER RIGHTS. THERE IS NO WARRANTY
BY SIEMENS OR ITS LICENSORS OR BY
ANY OTHER PARTY THAT THE FUNCTIONS
CONTAINED IN THE LICENSED SOFTWARE
WILL MEET YOUR REQUIREMENTS OR
THAT THE OPERATION OF THE LICENSED
SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE AND SIEMENS AND ITS LI-
CENSORS HEREBY DISCLAIM ANY AND
ALL LIABILITY ON ACCOUNT THEREOF. NO
ORAL OR WRITTEN INFORMATION OR AD-
VICE GIVEN BY A SIEMENS REPRESENTA-
TIVE SHALL CREATE A WARRANTY OR IN
ANY WAY AFFECT THIS DISCLAIMER. YOU
ASSUME ALL RESPONSIBILITY TO
ACHIEVE YOUR INTENDED RESULTS AND
FOR THE INSTALLATION, USE, AND RE-
SULTS OBTAINED FROM IT.
8. NO OTHER OBLIGATIONS. This Agree-
ment creates no obligations on the part of Sie-
mens other than as specifically set forth herein.
9. LIMITATION OF LIABILITY. IN NO
EVENT SHALL SIEMENS, ITS EMPLOYEES,
LICENSORS, AFFILIATES OR AGENTS BE
LIABLE FOR ANY DIRECT DAMAGES, LOST
PROFITS, DATA OR BUSINESS, OR COSTS
OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, PROPERTY DAM-
AGE, INTERRUPTION OF BUSINESS OR
FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY, ECONOMIC, PUNITIVE OR
CONSEQUENTIAL DAMAGES, HOWEVER
CAUSED, AND WHETHER ARISING UNDER
CONTRACT, TORT, NEGLIGENCE, OR OTH-
ER THEORY OF LIABILITY, OR ARISING OUT
OF THE USE OF OR INABILITY TO USE THE
LICENSED SOFTWARE, EVEN IF SIEMENS
IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE LIMITATION OF LIABILITY
SHALL NOT APPLY IF AND TO THE EXTENT
SIEMENS´ LIABILITY IS MANDATORY UN-
DER THE APPLICABLE LAW E.G. ACCORD-
ING TO PRODUCT LIABILITY LAW OR IN
THE EVENT OF INTENTIONAL MISCON-
DUCT, PERSONAL INJURY OR DEATH.
69


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