1.3 If the User of the Siemens Website is not a consumer in the sense of § 1 Consumer Protection Act (Konsumentenschutzgesetz) (“consumer” in the following), §§ 9, 10 E-Commerce Act (E-Commerce-Gesetz) shall not apply.
1.4 Siemens has the right to discontinue operation of the Siemens Website in whole or in part at any time or to modify the content of the Siemens Website at its discretion. Due to the nature of computer systems and the Internet, Siemens assumes no liability for the uninterrupted availability of the Siemens Website.
2.1. This Siemens Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
2.2. Siemens may stop the operation of the Siemens Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Siemens cannot accept any liability for the continuous availability of the Siemens Web Site.
3.1. Some pages of the Siemens Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Siemens reserves the right to deny registration to any User. Siemens particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Siemens is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
- uses false data for the purpose of registration;
- violates any applicable laws in the access to or use of the Siemens Web Site; or
- did not use the Siemens Web Site for a longer period.
3.2. For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure that its e-mail address, as supplied to Siemens, is current at all times and an address at which the User can be contacted.
3.3. Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from Siemens into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
3.4. The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Siemens thereof without undue delay in writing, or, as the case may be, by e-mail.
3.5. After receipt of the notice under paragraph 3.4, Siemens will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Siemens or upon new registration.
3.6. The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Siemens will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
4.2 Siemens grants the User a non-exclusive and non-transferable right to use the content provided on the Siemens Website to the extent specified on the Siemens Website or, if nothing is specified, in accordance with the purpose intended by Siemens in making the content available.
4.5 The content of the Siemens Website is 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.
4.6 Otherwise, §§ 40a et seq. Copyright Act (Urheberrechtsgesetz) remain unaffected.
5.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
5.3. Siemens may, without charge, use any ideas or proposals stored by a User on the Siemens Web Sites for the development, improvement and sale of its products.
6.1 When using the Siemens Website, the User may not:
• cause harm to, harass, or intimidate other people, in particular minors, or infringe on their personal rights;
• violate bonos mores, public order and safety, or the law with his/her usage behavior;
• infringe on industrial property rights, copyrights, or other rights;
• transmit content containing viruses, so-called Trojan horses, or other programs that can damage software;
• enter, store, or send hyperlinks or content without authorization to do so, particularly when these hyperlinks or this content violates confidentiality obligations or is unlawful;
• distribute communication that is prohibited according to § 107 Telecommunications Act (Telekommunikationsgesetz) (e.g. “spam”) or false warnings of viruses, bugs, or the like, or invite people to participate in sweepstakes, Ponzi schemes, chain letters, pyramid schemes, or comparable activities.
The Siemens Web Site may contain hyperlinks to the web pages of third parties. Siemens shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Siemens does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
8.1. Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
8.2. The information on the Siemens Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
9.2. Although Siemens makes every endeavor to keep the Siemens Web Site free from viruses, Siemens cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
9.3. §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
10.1 The export of certain information, software, and documentation may be subject to a permit requirement, for example, based on its type, intended use, or final destination. The User shall strictly comply with the export regulations pertaining to the information, software, and documentation, particularly those of the EU or EU Member States and the USA. Siemens labels information, software, and documentation with regard to the permit requirements according to the Austrian, German, and EU export control list as well as the US Commerce Control List.
10.2 In particular, the User shall verify and ensure that
• the received information, software, and documentation are not intended for use related to armaments, nuclear technology, or weapons;
• no companies or persons listed on the US Denied Persons List (DPL) are supplied with goods, software, or technology of US origin;
• no companies or persons listed on the US Warning List, US Entity List, or US Specially Designated Nationals List are supplied with products of US origin without a permit;
• no companies or persons listed on the Specially Designated Terrorist List, Foreign Terrorist Organization List, Specially Designated Global Terrorist List, or the EU Terrorist List are supplied with goods;
• no military recipients are supplied with goods;
• the early warning instructions of the competent Austrian authorities are observed.
Software, documentation, and information may only be accessed on the Siemens Website in compliance with the verifications and assurances listed above; otherwise, Siemens shall not be obligated to perform.
10.3. If required to enable authorities or Siemens to conduct export control checks, the User, upon request by Siemens, shall promptly provide Siemens with all information pertaining to the particular end-user, the particular destination and the particular intended use of information, software and documentation provided by Siemens, as well as any export control restrictions existing.
10.4. The User shall indemnify and hold harmless Siemens from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate Siemens for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.
10.5. Siemens' obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.
11.1. Any supplementary agreement requires the written form.
11.2 The sole place of jurisdiction shall be Vienna. However, this shall not apply if the User is a consumer and his/her registered residence, habitual place of residence, and place of employment is located in a different jurisdiction in Austria.
11.3 The Siemens Website is operated and administered by companies that are domiciled in Austria. Siemens assumes no responsibility for the fact that information, software, documentation, and/or content from the Siemens Website may also be accessed or downloaded at locations outside of Austria. If users from outside of Austria access the Siemens Website, they are solely responsible for compliance with the relevant regulations under the respective national law. Access to information, software, documentation, and/or content on the Siemens Website from countries in which such access is unlawful is not permitted. In this case and in the event that the User is interested in doing business with Siemens, the User should contact the Siemens representatives in the given country. Austrian law shall apply without regard to its conflict of law rules. If the User is a consumer whose habitual place of residence is in a country other than Austria, the consumer protection regulations of that country may supersede choice of law. The UN Convention on Contracts for the International Sale of Goods shall not apply in any case.