1.1. Any and all use of the application offered by Siemens AG is permitted exclusively in accordance with the present terms and conditions. In individual instances, these General Terms of Use may be supplemented, modified or replaced by other terms and conditions. By commencing use, the validity of the present Terms of Use in their respectively valid version is accepted.
1.2. Insofar as the user uses the application as or on behalf of a business enterprise, that is, in the exercise of a commercial or independent professional activity, or acts for a public corporation, the provisions of Section 312i (1) (1) (1 – 3) of the German Civil Code are not applicable.
1.3. If the application is aimed at business enterprises or public corporations, the respective business enterprise or public corporation shall be represented by the user and the actions and knowledge of the user shall be attributable to the business enterprise or public corporation.
2.1. Siemens does not keep any information about the user’s usage of this application.
2.2. Siemens shall be entitled to discontinue operation of the application, in full or in part, at any time. In consideration of the properties of the Internet and of computer systems, Siemens assumes no liability for the uninterrupted availability of the application, but will use reasonable efforts to provide an alternative solution in case full interruption occurs.
3.1. Use of the application requires previous registration, granted by a Siemens employee, and following the user sign-in process.
3.2. No password is collected or processed by the application.
4.1. Use of the information, software and documentation made available on the application is governed by the present Terms of Use, or when information, software or documentation are updated, by the relevant license terms that were already agreed with Siemens. Separately agreed license terms, as on the occasion of downloading software, for example, take precedence over the present Terms of Use.
4.2. Siemens grants the user a non-exclusive and non-transferrable right to use the information, software and documentation made available in the application to the extent that has been agreed, or if nothing was agreed, in a manner that corresponds to the purpose pursued by Siemens in the act of providing and making available.
4.3. The user may not at any time sell, lease or otherwise make available to third parties either the information, the software or the documentation.
4.4. The information, software and documentation are protected both by copyright laws and international copyright agreements, and by other laws and agreements pertaining to intellectual property. The user shall observe these rights and in particular, the user shall not remove any alphanumeric codes, trademarks or copyright notices either from the information, the software or the documentation, or from copies thereof.
4.5. Otherwise, the provisions of Sections 69a et seq. German Copyright Act remain unaffected.
5.1. Notwithstanding the special provisions of Article 4 of the present Terms of Use, the information, brand names and other contents of the application may not be modified, copied, duplicated, sold, leased, used, supplemented or otherwise exploited without the prior written consent of Siemens.
5.2. Apart from the usage rights or other rights granted expressly to the user in the present Terms of Use, no further rights of any kind, particularly not rights to the company name and industrial property rights such as patents, registered designs or trademarks are granted to the user, nor is Siemens obligated to grant any such rights.
5.3. To the extent that the user makes ideas and suggestions on the application, Siemens shall be entitled to use them free of charge for purposes of developing, improving and selling products from its portfolio.
6.1. When using the application, the user may not
6.2. Siemens is entitled to block access to the application at any time, particularly if the user will have violated his obligations under the present Terms of Use.
The application may contain hyperlinks to third-party websites. Siemens assumes no responsibility for the content of these websites and does not espouse these websites or their contents, because Siemens does not control the linked information and is also not responsible for the contents and information made available there. The user uses such websites at his own risk.
8.1. Insofar as information, software or documentation are made available at no charge, any and all liability for material defects and defects of title of the information, software and documentation, particularly for the accuracy, absence of errors, absence of third-party protection rights and copyrights, completeness and/or usability, are excluded, except in cases of deliberate intent or fraud.
8.2. The information contained in the application may include specifications or general descriptions of technical possibilities of products, which may not always be valid in every case (e.g., due to product changes). Therefore, the desired performance characteristics of products must be agreed upon purchase in every individual case.
9.1. Siemens’ liability for material defects and defects of title is governed by the provisions of Article 8 of the present Terms of Use. Otherwise, any liability of Siemens, particularly for but not limited to consequential damages, is excluded, unless liability is compulsory by reason of, for example, the German Product Liability Act, or due to deliberate intent, gross negligence, or injury to life, body or health, or the assumption of a guarantee of quality, or fraudulent concealment of a defect, or violation of material contractual obligations. However, damages for the violation of material contractual obligations are limited to typical, foreseeable contractual damages, except in cases of deliberate intent or gross negligence.
9.2. Although Siemens always strives to keep the application free of viruses, Siemens does not guarantee the abs ence of viruses. Before downloading information, software and documentation, the user should take appropriate security precautions and scan for viruses, for user’s own protection and to prevent viruses on the application.
9.3. The foregoing provisions of Articles 9.1 and 9.2 do not entail a shift in the burden of proof to the disadvantage of the user.
10.1. In disclosing to third parties the information, software and documentation made available by Siemens, the user shall observe the respectively applicable provisions of national and international (re-) export control laws. In making any such disclosures, the user must observe the (re-) export control provisions of the Federal Republic of Germany, the European Union and the United States of America, in any case.
10.2. Prior to making any such disclosures, the user shall particularly check and take suitable measures to ensure that
10.3. To the extent necessary for the purpose of export control audits conducted by government authorities or by Siemens, the user shall promptly make available to Siemens, in response to an appropriate request, all information concerning the final recipient, final destination and intended use of the information, software and documentation made available by Siemens, as well as the relevant export control restrictions in effect.
10.4. The user shall fully indemnify and hold Siemens harmless for all claims asserted by government authorities or other third parties against Siemens for non-compliance with the above-mentioned export control obligations by the user, and undertakes to reimburse Siemens for all losses and expenses incurred in this connection, unless the user is not responsible for the breach of obligations. The foregoing does not entail a reversal of the burden of proof.
10.5. Fulfillment of the contract by Siemens is subject to the reservation that such fulfillment is not opposed by any obstacles based in national or international regulations of foreign trade law, nor any embargos and/or other sanctions.
Siemens processes your personal data in line with the Privacy Policy applicable to this application. Click here for more information on this topic.
12.1. Side agreements require written form.
12.2. If the user is a merchant according to the definition of the German Commercial Code, the courts of Munich have jurisdiction and venue.
12.3. The application is operated by and is the responsibility of Siemens Aktiengesellschaft and/or its subsidiaries. The application is geared to meet the requirements of the respective country in which the responsible country is domiciled. Siemens assumes no responsibility for the possibility that information, software and/or documentation can be retrieved or downloaded from the application also in places that do not lie within the respective country. If users access the application from places that do not lie within the respective country, they are themselves exclusively responsible for complying with the applicable legal regulations of the respective country. Access to information, software and/or documentation on the application from countries in which such access is unlawful is not permitted. In this case, and assuming that the user wishes to enter into business relations with Siemens, the user should contact the Siemens representatives in the respective country.
12.4. German law applies, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
© Siemens AG 2016 - Corporate Information | Imprint | Data Privacy Notice | Terms of Use