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END USER LICENSE AGREEMENT
This
End User License Agreement ("EULA") is between You
(either an individual or a legal entity) and Siemens
(each a “Party” and collectively “Parties”) for “IP
Control Center Connection Manager" in any release
and any related electronic or written documentation
(hereinafter the “Software”).
This software
is protected under Swiss and/or foreign Copyright
Laws and provisions in international treaties.
Unauthorized reproduction and distribution of this
software or parts of it is liable to prosecution. It
may be prosecuted according to criminal as well as
civil law and may result in severe punishment and/or
damage claims. You must reproduce and include the
copyright notices with any permitted copies You make
of the Software.
By installing, copying,
and/or using the Software, You acknowledge and
confirm that You (1) have read and understood the
EULA as well as any other additional terms made
available to you together with the Software
(“Additional Terms”), (2) agree to be bound by the
terms and conditions of this EULA and the Additional
Terms and (3) have the power to make such a
declaration for your company. Siemens does not
license the Software to You if You do not agree to
the terms and conditions of this EULA. In such an
event, do not install the Software and promptly
contact Siemens for instructions on return of the
Software.
1. SECURITY DISCLAIMER
In order to protect plants, systems, machines and
networks against cyber threats, it is necessary to
implement – and continuously maintain – a holistic,
state-of-the-art security concept. Siemens’
portfolio only forms one element of such a concept.
You are responsible for preventing unauthorized
access to your plants, systems, machines and
networks which should only be connected to an
enterprise network or the internet if and to the
extent such a connection is necessary and only when
appropriate security measures (e.g. firewalls and/or
network segmentation) are in place. Additionally,
Siemens’ guidance on appropriate security measures
should be taken into account. For additional
information, please contact your Siemens sales
representative or visit
https://www.siemens.com/global/en/home/company/topic-areas/future-of-manufacturing/industrial-security.html.
Siemens’ portfolio undergoes continuous development
to make them more secure. Siemens strongly
recommends that updates are applied as soon as they
are available and that the latest versions are used.
Use of versions that are no longer supported, and
failure to apply the latest updates may increase
your exposure to cyber threats. Siemens strongly
recommends to comply with security advisories on the
latest security threats, patches and other related
measures, published, among others, under
http://www.siemens.com/cert/en/cert-security-advisories.htm.
2. LICENSE GRANT AND USE RESTRICTIONS.
Siemens grants to You a non-exclusive,
non-transferable license to use the Software in
object code form and solely for your own use. The
license grant is subject to the following
limitations:
a) If the
Software was obtained by You from Siemens directly
or through its licensed distributors for use on a
single machine, then You may only install the
Software on a single machine owned or licensed by
You at any one time.
b) If the
Software was obtained by You from Siemens or its
distributors for networked use, You may copy and
distribute the Software over an internal network
for use, at any one time, by the number of active
concurrent users for which You obtained a license
key from Siemens.
c) You may
make only one copy of the Software as an archival
backup copy of the original. If this Software
includes any related documentation provided in
electronic form, You may print copies of this
electronic documentation.
d)
You may not distribute, sublicense, rent, lend,
lease, assign or transfer this EULA, the Software or
its components, in whole or in part without express
written consent from Siemens.
e)
You may not or direct any third party to reverse
engineer, de-compile, or disassemble those Software
programs except and only to the extent that such
activity is expressly permitted by applicable law
notwithstanding this limitation.
f)
You also shall not or direct any third
party to (i) modify or create a derivative work of
the Software, or (ii) extract any individual parts
except and only to the extent that such activity is
expressly permitted by applicable law
notwithstanding this limitation.
g)
This EULA does not grant You any rights
whatsoever in relation to the trademarks or service
marks of Siemens.
3. MISUSE OF THE
LICENSED SOFTWAREE If a misuse of the
Software by You requires Siemens or any licensor of
Siemens to engage in any legal or other proceeding
to enforce their rights under this EULA, Siemens
and/or its licensor shall be entitled to recover
from You, in addition to any other sums due,
reasonable attorney's fees, costs and disbursements
unless otherwise agreed in a separate writing
between the Parties.
4. ADDITIONAL
TERMS FOR THIRD PARTY COMPONENTS. This EULA
applies to updates, releases, revisions,
enhancements, or supplements to the original
Software provided by Licensor or Siemens
(“Updates”), unless Licensor or Siemens provide
other terms along with the Update. The Software may
contain certain components such as open source
software components or third party components
licensed by Siemens (each, a “Component”). Each
Component may have a separate end user license
agreement (a “Third Party License”). The terms of
any Third Party License (if any) that apply to the
Software are specified and part of the Additional
Terms.
5. OTHER THIRD PARTY SOFTWARE
NOT PROVIDED. Except where the parties
agree in writing to the contrary, you are solely
responsible for ensuring that: (i) the system on
which the Software is installed, run and/or used
contains all third party software not contained in
or bundled with the Software as delivered and that
is necessary to run, install and/or use such
Software (“Other Third Party Software”) and (ii) You
and/or your system fulfill the requirements of all
required licenses for such Other Third Party
Software.
6. TERMINATION. This EULA
is effective from the first date You install, copy
or otherwise use the Software. You may terminate
this EULA at any time by deleting or destroying the
Software, all backup copies and all related
materials provided to You by Siemens except where
otherwise is agreed between Siemens and You. Without
prejudice to any other rights of Licensor or
Siemens, your license rights terminate automatically
and immediately without notice if You fail to comply
with any provision or condition of this EULA. In
such a case You will be obliged to destroy all
copies, all related materials of the Software and
all its components.
7. WARRANTY
DISCLAIMER. Unless Siemens agrees in a
separate writing to provide an exception to this
warranty disclaimer with respect to the Software
Siemens shall be only liable for defects and any
violation of property rights as set forth in this
Clause as follows:
You acknowledge the
Software is provided “as is” and neither Siemens nor
any of the licensors make any representation or
warranties, express or implied, including but not
limited to the warranties of merchantability or
fitness for the particular purpose or that the
Software will not infringe any third party patents,
copyrights, trademarks or other rights. There is no
warranty by Siemens or their licensor or by any
other party that the functions contained in the
Software will meet your requirements or that the
operation of the Software will be uninterrupted or
error-free. No oral or written information or advice
given by a Siemens representative shall create a
warranty of in any way affect this disclaimer. You
assume all responsibility to achieve your intended
results and for the installation, use, and results
obtained from it. This exclusion shall not apply in
the event of gross negligence, unlawful intent or
insofar as mandatory law provides otherwise.
8. LIMITATION OF LIABILITY. Unless
otherwise agreed in a separate writing between the
parties, in no event shall Siemens, its employees,
licensors, affiliates or agents be liable for any
costs of procurement of substitute goods or
services, loss of data, loss of use, property
damage, loss of profits interruption of business or
any special, indirect, incidental, economic,
punitive or consequential damages, however caused,
and whether arising under contract, tort,
negligence, or other theory of liability, or arising
out of the use of or inability to use the 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 under the applicable law.
9. TECHNICAL SUPPORT AND AUDIT.
Siemens and its affiliates have no obligation to
furnish You with technical support services or to
debug the Software unless separately agreed in
writing between You and Siemens. Siemens and where
applicable their licensors in the Software shall be
free to use any feedback and/or technical data
including audit data received from You resulting
from your access to and use of the Software for any
purpose including (without limitation) development,
manufacture, marketing, product ordering, and
maintenance or support of products and services. If
and insofar as permissible under the relevant laws
You permit Siemens and its affiliates to audit the
use of the Software and will give assistance and
access to the necessary information.
10. EXPORT CONTROL. The Software,
including technical data / cryptographic software,
may be subject to Swiss, 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 regulations when distributing or using the
Software. Siemens shall not be obligated to fulfill
this agreement if such fulfillment is prevented by
any impediments arising out of Swiss national or
European Community and US Re-export international
foreign trade or customs requirements or any
embargoes or other sanctions.
11.
MISCELLANEOUS. Unless Siemens has given
separate individual contract conditions in writing
this EULA represents the entire agreement between
You and Siemens relating to the Software and (i)
supersedes all prior or contemporaneous oral or
written communications with respect to its subject
matter; and (ii) prevails over any conflicting or
additional terms of any communication between the
Parties during the term of this EULA. If any
provision of this EULA is held invalid, all other
provisions shall remain valid unless such validity
would frustrate the purpose of this EULA, and this
EULA shall be enforced to the full extent allowable
under applicable law.
© Siemens 2017, All
rights reserved.
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