Siemens CF75 Manuel D’Utilisation

License Agreement

138

\MobilePhones\CF75 Adonis\en\LA\EULA.fm

Template:

X75, Version 2.

2; VAR Language: en; VAR issue date:

050524

left page (138)

of CF75 Adonis FUG en, A31008-H6010-A1-1-7619 (14.06.2005, 14:35)

9. LIMITATION OF LIABILITY. IN NO

EVENT SHALL SIEMENS, ITS EMPLOY-

EES, LICENSORS, AFFILIATES OR

AGENTS BE LIABLE FOR ANY DIRECT

DAMAGES, LOST PROFITS, DATA OR

BUSINESS, OR COSTS OF PROCURE-

MENT OF SUBSTITUTE GOODS OR

SERVICES, PROPERTY DAMAGE, INTER-

RUPTION OF BUSINESS OR FOR ANY

SPECIAL, INDIRECT, INCIDENTAL,

EXEMPLARY, ECONOMIC, PUNITIVE OR

CONSEQUENTIAL DAMAGES, HOWEVER

CAUSED, AND WHETHER ARISING

UNDER CONTRACT, TORT, NEGLI-

GENCE, OR OTHER THEORY OF LIABIL-

ITY, 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 LIABIL-

ITY SHALL NOT APPLY IF AND TO THE

EXTENT SIEMENS´ LIABILITY IS MANDA-

TORY UNDER THE APPLICABLE LAW

E.G. ACCORDING TO PRODUCT LIABIL-

ITY LAW OR IN THE EVENT OF INTEN-

TIONAL MISCONDUCT, PERSONAL

INJURY OR DEATH.
10. TECHNICAL SUPPORT. Siemens has

and its Licensors have no obligation to fur-

nish You with technical support unless sepa-

rately agreed in writing between You and

Siemens or the applicable Licensor.
Siemens and where applicable its Licensors

in the Licensed Software shall be free to use

any feedback received from You resulting

from your access to and use of the Licensed

Software for any purpose including (without

limitation) the manufacture, marketing and

maintenance or support of products and

services.

11. EXPORT CONTROL. The Licensed

Software may include technical data and

cryptographic software and is subject to

German, European Union and U.S. export

controls and may be subject to import or

export controls in other countries. You agree

to strictly comply with all applicable import

and export laws and regulations. Specifi-

cally, You agree, to the extent required by

U.S. Export Administration Regulations, that

You shall not disclose or otherwise export or

re-export the Licensed Software or any part

thereof delivered under this Agreement to

(a) Cuba, Iran, Iraq, Libya, North Korea,

Sudan, Syria or any other country (including

a national or resident of such country) to

which the U.S. has restricted or prohibited

the export of goods or services.
12. APPLICABLE LAW AND FORUM. The

laws of Germany govern this Agreement. No

choice of law rules of any jurisdiction will

apply. The courts in Munich shall settle any

disputes arising out of or relating to this

Agreement provided you are a merchant.
13. MISCELLANEOUS. This Agreement

represents the entire agreement between

You and Siemens relating to the Licensed

Software and (i) supersedes all prior or con-

temporaneous oral or written communica-

tions, proposals, and representations with

respect to its subject matter; and (ii) prevails

over any conflicting or additional terms of

any acknowledgement or similar communi-

cation between the parties during the term of

this License. Notwithstanding the foregoing,

some products of Sie-mens may require You

to agree to additional terms through an on-

line "click-wrap" license, and such terms

shall supplement this Agreement. If any pro-

vision of this Agreement is held invalid, all

other provisions shall remain valid unless

such validity would frustrate the purpose of

this Agreement, and this Agreement shall be

en-forced to the full extent allowable under