1. Scope of application
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. Registration, password
2.2 The user shall be obligated to provide truthful information in the course of the registration and to inform Siemens without undue delay in the event of any subsequent changes (to the extent possible: online). The User shall ensure that he/she receives the e-mails that are sent to the e-mail address provided.
2.3 Upon registration, the User shall be provided with a user name and password (also referred to as the “User Data” in the following). When logging in for the first time, the User shall change the password provided by Siemens to a password that is only known to the User. The User Data enables the User to view and modify his/her data or, as applicable, to revoke or extend his/her consent to data processing.
2.4 The User shall ensure that the User Data is not accessible to third parties. The User must exit the password-protected area after each use. If the User becomes aware that his/her User Data is being misused by third parties, he/she is obligated to notify Siemens in writing or by e-mail without undue delay.
2.5 Upon receipt of the notice defined in item 2.4, Siemens will block access to the password-protected area with the given User Data. The block can only be lifted after the User submits a separate request to Siemens or re-registers.
2.6 The User can request that his/her registration be terminated at any time in writing or by e-mail, provided that such termination will not conflict with the proper performance of ongoing contractual relationships. In this case, Siemens shall delete all User Data and any other personal data of the User as soon as this data is no longer needed.
3. Usage rights to information, software, documentation, and other content on the Siemens Website
3.2 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.
3.5 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.
3.6 Otherwise, §§ 40a et seq. Copyright Act (Urheberrechtsgesetz) remain unaffected.
4. Intellectual property
5. Obligations of the User
5.1 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 Website 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 content, because Siemens does not control the linked information and is also not responsible for the content and information made available there.
7. Liability, viruses
7.1 Siemens shall be liable for personal injury to the extent defined in the applicable legal provisions. Siemens shall be liable for other types of damage solely in cases of willful misconduct or gross negligence on the part of Siemens or its vicarious agents. This shall not affect Siemens’s liability as defined in the Product Liability Act (Produkthaftungsgesetz).
7.2 If the User is not a consumer, any liability on the part of Siemens for lost profits, loss of information or data, or other consequential damages is excluded to the extent that liability is not compulsory due to willful misconduct, for example.
7.3 The content of the Siemens Website may contain general descriptions related to the technical features of individual products that may not be available in certain cases (e.g. due to product changes). For this reason, the desired features of the products must be agreed specifically upon purchase.
7.4 Although Siemens always strives to keep the Siemens Website free of viruses, Siemens does not guarantee the absence of viruses. Before downloading information, software, documentation, and other content, the User should take appropriate security precautions and scan for viruses for his/her own protection and to prevent viruses on the Siemens Website.
8. Export control
8.1 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.
8.2 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.
8.3 Upon request, Siemens shall inform the User of whom he/she can contact to obtain additional information.
9. Data protection
10. Place of jurisdiction, applicable law
10.1 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.
10.2 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.