SIEMENS 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
“SIEMENS DALI2 ETS DCA” 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 will lead 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/or use the
hardware device which contains the Software and promptly contact Siemens for
instructions on
return of the Software and/or hardware device.
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 the format provided
to you 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, 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) If the Software was obtained by you from
Siemens as part of or included in a hardware device, You may
use the Software only in
connection with this respective hardware device.
d) 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.
e)
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.
f) 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.
g)
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.
h) This EULA does not grant You any rights
whatsoever in relation to the trademarks or service marks of
Siemens.
3. MISUSE OF THE LICENSED SOFTWARE
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. UPDATES
Siemens, its affiliates, service providers, suppliers and/or
distributors may, at their sole discretion,
make available firmware updates, enhancements,
changes, modifications, security patches, additional
functionality or bug fixes
(“New Functionalities”) to the system for the Software and/or hardware
device on
which the
Software is used. Such New Functionalities may be (i) provided by Siemens
with reasonable notice
before such New Functionalities are available or
(ii) pushed automatically via remote access or any other
access available.
Non-current versions of the Software and/or a hardware device with a
non-current version
of the Software may not be supported by Siemens
and may not be updated to future versions. You hereby
consent to the foregoing
and release Siemens and its affiliates, service providers, suppliers and/or
dealers
from any
and all liability arising from action to the extent permitted by law.
5. 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. In case your
Software and/or hardware
device uses an internet connection, such
connection may be subject to separate terms and conditions.
6. OTHER THIRD PARTY SOFTWARE NOT PROVIDED
If and to the extent the
Software runs on a system other than a Siemens system and/or a system not
delivered
by
Siemens and 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.
7. 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 stopping the use of the Software,
deinstalling the Software from
every machine and/or hardware device, if possible,
deleting all the Software copies in your possession 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. Separate terms
and conditions for the delivery of hardware devices, if any, shall remain
unaffected.
8. 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.
9. LIMITATION OF LIABILITY.
Unless otherwise agreed separately in 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.
10. 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 its 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.
11. Data Privacy
If
You license the Licensed Software via the online store of KNX Association
cvba (“KNX”), KNX
will provide Siemens with your contact and registration information. Siemens
will process your data for the
performance of the contractual relationship with
you.
12. 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.
13.
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.
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