Sm@rtGear Mobile Application

Medium-Voltage Circuit Breakers

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Siemens is expanding its Sm@rtGear portfolio to include mobile devices. Sm@rtGear Mobile allows the user to interface with their gear using an Apple or Android device; and to remotely monitor, configure, and control the equipment wirelessly or via hardwired connection using a mobile phone or tablet. The application works with switchboards, low voltage switchgear, and power panels.  Supported intelligent devices include digital meters (PAC, 9410 and 9810), VL breakers, WL breakers, and SEM3 sub-metering.

Plant Engineering 2019 Product of the Year Finalist

Plant Engineering 2019 Product of the Year Finalist - Sm@rtGear Mobile

Exciting News! Siemens Sm@rtgear Mobile has been selected as a Finalist in the Energy Management category. This cost-effective intelligent solution helps to diminish arc-flash accidents via enhanced safety using remote monitoring, configuration and control. You can help drive continuing innovation in this segment by voting for Sm@rtGear Mobile to win 2019 Product of the Year.

 

Voting runs from November 14, 2019 through January 10, 2020. Winners will be announced April 28, 2020.

Features & Benefits:

Arc flash safety – get outside the arc flash zone

  • Remotely open/close breakers - no longer need costly remote control panel
  • Remotely activate/de-activate breaker maintenance mode
  • View breaker status from outside arc flash hazard zone

Ease of commissioning

  • Set breaker settings via touchscreen saving time and errors

Security

  • Local security enabled WPA2 WIFI network only allowing local access
  • MindSphere (IoT) capable

Sm@rtGear Mobile Standard Features

  • Available in Type WL LV Switchgear, SB Switchboards and P4/P5 Power Panelboards
  • Integrates with Siemens application using phone or tablet
  • Ethernet switch and WIFI access point with WPA2 encryption

Sm@rtGear Mobile Optional Features

  • PAC Digital meter integration
  • SEM3™ submetering integration
  • Siemens MindSphere IoT integration hardwired solution

Molded Case Circuit Breaker Features

  • ETU 586 with Smart DAS
  • MODBUS communication
  • Protective settings and alarm functions
  • Current monitoring
  • Breaker status

Power/Insulated Case Circuit Breaker Features

  • ETU 776 with Sm@rt Dynamic Arc Sentry (DAS)
  • MODBUS communication
  • Protective settings and alarm functions
  • Current and voltage monitoring
  • Power metering functions
  • Electrically operated breakers
  • Remote open/close

Siemens Sm@rt Gear Mobile Data Privacy Policy

Protecting the security and privacy of your personal data is important to Siemens; therefore, we conduct our business in compliance with applicable laws on data privacy protection and data security. We hope the policy outlined below will help you understand what data Siemens may collect via this Application, how Siemens uses and safeguards that data and with whom we may share it.

 

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing” means using cookies or your device’s unique identifiers, or using, accessing, transferring, or otherwise coming into contact with information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information. If you reside outside the United States your information will be processed as required by United States law.

 

Personal data

Through this Application as well as during registration, Siemens will collect certain personal data about you, as permitted by applicable laws and regulations. This information may include your name, address, telephone number, e-mail address, age, user name, password and other registration information.

 

Purpose of Use; Sharing

When you do provide us with personal data, we use it to provide the service for which the Application is intended, to respond to your inquiry, process your order or instructions, provide you access to specific information or offers, and/or to support our existing or potential customer relationship with you. We may store and process personal data (on our own or via a third party on our behalf) and share it with our worldwide affiliates to better understand your needs and how we can improve our products and services. We (or a third party on our behalf) may use personal data to contact you about a Siemens offer or to conduct online surveys. Personal data (including location data) may be aggregated by us (or a third party on our behalf) to provide information and services to utility companies. We may share information about the voltage and frequency of the power supplied through the charging station, usage patterns (including charging levels, schedules, delays, and errors) with utilities, demand aggregators, engineering contractors, home builders, consultants, facility/fleet managers, and other third-party sources. We may share personal data with ad networks, carriers, data resellers, data analytics providers, government entities, operating systems/platform companies, and other applications. Depending on your use of the Application, personal data and information may be shared with social networks. Except as set forth above, or as set forth below under “Purpose Limitation”, we do not sell or otherwise market your personal data to third parties, except to Siemens affiliates, to service providers, and as described herein. 

Other than information voluntarily disclosed, the Application is not currently configured to allow collection of personally identifiable information over time and across different Web sites about an individual’s online activities. 

Personal data is stored on cloud-based servers that may be operated by third-parties. This Application, via the cloud-based servers or otherwise, may store and transmit Personal Data.

 

Purpose Limitation

Siemens may collect, use or disclose personal data supplied by you for those purposes that have been disclosed to you, and for any additional purpose that is directly related to the original purpose for which the personal data was collected, as well as to the extent required by law or the competent governmental or judicial authorities, to establish or preserve a legal claim or defense, and to prevent fraud or other illegal activities, such as willful attacks on Siemens information technology systems.

 

Communication-related or usage-related data

When you access the Application via telecommunications services, communication-related data (e.g., Internet Protocol address) and usage-related data (e.g., data on the commencement and duration of usage and on the telecommunications services used by you) are automatically generated by technical means. This data could possibly enable inferences concerning your personal data. Whenever it is absolutely necessary to collect, process and use your communication-related or usage-related data, such activity is conducted in compliance with the laws and regulations applicable to data protection.

 

Information Stored Automatically on Your Computer or Device

We may read or store some data on your computer or device in the form of a unique identifier to automatically recognize your computer or device next time you visit. Unique identifiers can help us in many ways, for example, by allowing us to tailor the Application or a Web site to better match your interests or to store your password to save you having to re-enter it each time.

 

Children

Siemens will not knowingly collect personal data from children without insisting that they seek prior parental consent if required by applicable law. We will only use or disclose personal data about a child to the extent permitted by law, to seek parental consent pursuant to local law and regulations or to protect a child. The definition of "child" or "children" should take into account applicable laws as well as national and regional cultural customs.

 

Security

To protect your personal data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access, Siemens uses technical and organizational security measures.

 

Links to other websites

The Application contains links to Siemens websites, which themselves contain links to other websites. Siemens is not responsible for the data protection policies or content of these other websites.

 

Questions and Comments

Siemens will respond to reasonable requests to review your personal data and to correct, amend or delete any inaccuracies. If you have any questions or comments concerning our Data Privacy Policy, please send us an e-mail at info.us@siemens.com containing your questions or suggestions. We will continually revise our Data Privacy Policy to reflect the further development of the Internet and mobile applications.

 

Effective Date: February 13, 2019

Siemens Sm@rt Gear Mobile End User License Agreement and Terms of Use

Corporate Information: 

Siemens Industry, Inc. 

5400 Triangle Parkway

Norcross, GA 30092

 

PRIVACY POLICY. 

See www.usa.siemens.com/SmartGearMobileApp (“PRIVACY POLICY”).

 

IMPORTANT – READ CAREFULLY: THIS END-USER LICENSE AGREEMENT AND TERMS OF USE, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN, (COLLECTIVELY “EULA”) IS A LEGAL AGREEMENT BETWEEN “YOU” (OR “YOUR,” EITHER AN INDIVIDUAL, A LEGAL ENTITY OR ANY AFFILIATED COMPANIES OR OTHER ENTITIES) AND SIEMENS INDUSTRY, INC. AS THE LICENSOR (“SIEMENS”) OF THE LICENSED SOFTWARE, DEFINED BELOW. AN AMENDMENT OR ADDENDUM TO THIS EULA (AND/OR THE PRIVACY POLICY INCORPORATED HEREIN) MAY ACCOMPANY THE LICENSED SOFTWARE. THE USE OF THE LICENSED SOFTWARE IS SUBJECT TO THE PROVISIONS OF THIS EULA (INCLUDING THE PRIVACY POLICY) WHICH IS ENCLOSED WITH THE LICENSED SOFTWARE OR IS INTEGRATED THEREIN. USE OF THE LICENSED SOFTWARE IS ONLY PERMITTED IN CONNECTION WITH THIS EULA (INCLUDING THE PRIVACY POLICY). THIS EULA MAY NOT BE ASSIGNED TO THIRD PARTIES.

 

BY USING THE SOFTWARE YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS EULA (INCLUDING THE PRIVACY POLICY) AND THAT YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THIS EULA (INCLUDING THE PRIVACY POLICY), YOU MUST STOP USING THE SOFTWARE AND IMMEDIATELY UNINSTALL IT FROM ALL OF YOUR DEVICE(S). SIEMENS RESERVES THE RIGHT AT ANY TIME TO MODIFY THIS EULA (INCLUDING THE PRIVACY POLICY) AND TO IMPOSE NEW OR ADDITIONAL TERMS OR CONDITIONS ON YOUR USE OF THE LICENSED SOFTWARE. SUCH MODIFICATIONS AND ADDITIONAL TERMS AND CONDITIONS WILL BE EFFECTIVE IMMEDIATELY AND INCORPORATED INTO THIS EULA (INCLUDING THE PRIVACY POLICY) AND YOUR CONTINUED USE OF THE LICENSED SOFTWARE WILL BE DEEMED ACCEPTANCE THEREOF.

 

YOU acknowledge that this EULA is an agreement between YOU and SIEMENS, and not with the provider of the online marketplace where the LICENSED SOFTWARE has been offered (“ONLINE MARKETPLACE”). YOU further acknowledge that SIEMENS is solely responsible for the LICENSED SOFTWARE, the content thereof, and for any claims relating to the LICENSED SOFTWARE or this EULA.

 

YOUR use of the LICENSED SOFTWARE is limited to the scope of the license granted in this EULA, and this EULA does not permit you to use software and services other than as provided herein.

 

1. Licensed Software. As used in this EULA, the term “LICENSED SOFTWARE” shall mean (i) the software application offered by SIEMENS under the brand name “Sm@rtGear Mobile” and the online components and services provided by SIEMENS directly in connection therewith that YOU are attempting to download or have downloaded for licensed use with or on a mobile device running an Apple iOS operating system software or Android operating system (“ENABLED DEVICE”) and (ii) any related electronic documentation for the LICENSED SOFTWARE.

 

The LICENSED SOFTWARE has been designed for use with ENABLED DEVICE only; YOU may use the LICENSED SOFTWARE solely on an ENABLED DEVICE solely as permitted by this EULA. The LICENSED SOFTWARE may not be available in all areas nor may all the LICENSED SOFTWARE features be available in all areas. LICENSED SOFTWARE performance may be impacted by ENABLED DEVICE’s compatibility, resources, and Internet access.

 

YOUR use of the LICENSED SOFTWARE will permit you to establish an account ("ACCOUNT”) in accordance with the rights and restrictions identified in this EULA, which may include a user name and password. YOU will provide accurate and complete information when you create YOUR ACCOUNT, and YOU agree to update your registration data to keep it accurate and complete. Do not reveal your ACCOUNT information to anyone YOU do not trust; YOU are responsible for all activity on YOUR ACCOUNT.

 

2. Intellectual Property Rights Notice. The LICENSED SOFTWARE and all rights, without limitation including proprietary rights therein (including but not limited to source code, object code, pictures, photographs, animations, videos, audios, music, text, and applets which are contained in the LICENSED SOFTWARE), the printed accompanying materials and every copy of the LICENSED SOFTWARE, and all intellectual property rights therein (including any all copyrights, patents, trademarks, trade secrets, and publicity rights), are owned by SIEMENS, its licensors, or affiliates. The LICENSED SOFTWARE is protected for SIEMENS on the basis of copyright law and international treaty provisions as well as on the basis of other laws and agreements regarding intellectual property. Except as expressly and unambiguously provided herein, YOU do not possess, and SIEMENS does not grant to YOU, any express or implied rights (whether by implication, estoppel, or other legal theory) in or to any such intellectual property rights and all such rights are retained by SIEMENS, its licensors, or affiliates. YOU acknowledge and agree that YOU, and not SIEMENS or the ONLINE MARKETPLACE, shall be solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim or suit, or any other harm or damages resulting from YOUR use of or access to the LICENSED SOFTWARE.

 

3. License Grant. Only a license is granted for the LICENSED SOFTWARE, the LICENSED SOFTWARE is not sold. SIEMENS grants to YOU in this EULA a revocable, non-transferable, non-sublicense-able, non-exclusive license to use the LICENSED SOFTWARE in object code only and solely for the installation of the LICENSED SOFTWARE for YOUR personal, noncommercial use, provided YOU comply with all terms and conditions of this EULA.

 

4. Description of Further Rights and Restrictions.

a) YOU may install the LICENSED SOFTWARE on ENABLED DEVICE(s) owned or controlled by YOU, and to use the LICENSED SOFTWARE, access it, execute it, or to interact with it in some other way on such ENABLED DEVICE;

 

b) YOU (or any third party at YOUR direction) shall not copy, reproduce, republish, upload, post, transmit, distribute, or redistribute the LICENSED SOFTWARE in any way;

 

c) YOU (or any third party at YOUR direction) shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the LICENSED SOFTWARE or any information, documents, software, products and services contained or made available to YOU in the course of using the LICENSED SOFTWARE or use the LICENSED SOFTWARE to run or as part of a service bureau, outsourced, or managed services arrangement;

 

d) YOU (or any third party at YOUR direction) shall not knowingly or negligently permit other individuals or entities to use or copy the LICENSED SOFTWARE, or create Internet "links" to the LICENSED SOFTWARE, or "frame" or "mirror" the LICENSED SOFTWARE on any other server or wireless or Internet-based device;

 

e) YOU (or any third party at YOUR direction) shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems, or networks of or relating to the LICENSED SOFTWARE or any other SIEMENS customers or suppliers, or those of any other party, breach the security of another user or the LICENSED SOFTWARE, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for YOU or logging into or making use of a server or account YOU are not expressly authorized to access;

 

f) YOU (or any third party at YOUR direction) shall not attempt to probe, scan, or test the vulnerability of a system, account, or network of or relating to the LICENSED SOFTWARE or any of its customers or suppliers, any SIEMENS product or service, or those of any other party;

 

g) YOU shall not sublicense, assign, or transfer this EULA, the LICENSED SOFTWARE, or its components, or any portion thereof without express written consent from SIEMENS;

 

h) YOU (or any third party at YOUR direction) shall not interfere, or make any attempt to interfere, with any LICENSED SOFTWARE component or service to any user, host, or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the LICENSED SOFTWARE;

 

i) YOU shall not or direct any third party to, reverse engineer, decompile, or disassemble the LICENSED SOFTWARE;

 

j) YOU (or any third party at YOUR direction) shall not (i) modify or create a derivative work of the LICENSED 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;

 

k) YOU (or any third party at YOUR direction) shall not interfere with or disrupt the LICENSED SOFTWARE (including accessing the LICENSED SOFTWARE through any automated means, like scripts or web crawlers), or any servers or networks connected to the LICENSED SOFTWARE, or any policies, requirements, or regulations of networks connected to the LICENSED SOFTWARE (including any unauthorized access to, use or monitoring of data or traffic thereon);

 

l) YOU (or any third party at YOUR direction) shall not forge any TCP-IP packet header or any part of any header information, falsify, alter, or remove address information or other modification of e-mail headers, collect responses from unsolicited bulk messages, falsify references to the LICENSED SOFTWARE, by name or other identifier, in messages, impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;

 

m) YOU (or any third party at YOUR direction) shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the LICENSED SOFTWARE (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;

 

n) YOU (or any third party at YOUR direction) shall not create or use any program, tags, markers, bots, mousetraps, hijackers, or other similar computer routines or sub-routines to automatically access or manipulate the LICENSED SOFTWARE;

 

o) YOU (or any third party at YOUR direction) shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the LICENSED SOFTWARE or any host, server, backbone network, node, or service, or otherwise cause a performance degradation of or relating to the LICENSED SOFTWARE and/or facilities used to deliver the LICENSED SOFTWARE;

 

p) When using the LICENSED SOFTWARE to send or transmit information, YOU (or any third party at YOUR direction) shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights.

 

5. Data, Account Information, and Passwords. 

In connection with YOUR use of the LICENSED SOFTWARE, it may be necessary for SIEMENS to obtain, receive, or collect data, information, content, and/or material including system-specific data or information from, of, or relating to YOUR ENABLED DEVICE, ACCOUNT, and any devices that communicate with YOUR ENABLED DEVICE and/or the LICENSED SOFTWARE, from YOU as part of the LICENSED SOFTWARE (collectively “INFORMATION”). In such cases, YOU hereby grant SIEMENS a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license under YOUR copyrights and other intellectual property rights, if any, in all INFORMATION provided to SIEMENS to compile, use, distribute, display, store, process, reproduce, and create derivative works from such INFORMATION, including without limitation comparative data sets, statistical analyses, reports, and related services utilizing aggregated data derived from INFORMATION obtained from YOU, other SIEMENS customers, and other sources, in any and all media and display in any manner and on any SIEMENS property to the extent necessary to provide the LICENSED SOFTWARE to YOU and as a service to its customers and future customers and in the development of products and services (collectively the "DATA"). SIEMENS shall own all DATA, including the intellectual property rights therein. YOUR access to DATA shall be in SIEMENS’ sole discretion, which may include no access at all.

 

YOU also grant SIEMENS the right to copy and maintain such INFORMATION on SIEMENS’ servers (or the servers of its suppliers) during the term of this EULA and to commercially exploit the INFORMATION with no royalty to YOU, including but not limited to, distributing such INFORMATION to third parties. YOU represent and warrant that YOU have obtained all rights, permissions, and consents necessary to upload YOUR INFORMATION as part of the LICENSED SOFTWARE, and permit SIEMENS to exercise all of its rights under this EULA. YOU, not SIEMENS, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness, of all of YOUR INFORMATION. SIEMENS shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of YOUR INFORMATION or SIEMENS DATA. SIEMENS reserves the right to withhold, remove, and/or discard YOUR INFORMATION or SIEMENS DATA without notice for any or no reason at all, including any breach of the EULA. Upon termination for cause, YOUR ability to access or use any uploaded INFORMATION or SIEMENS DATA, if any, immediately ceases, and SIEMENS shall have no obligation to maintain or forward any of the INFORMATION or SIEMENS DATA to YOU.

 

YOU are responsible for all activity occurring when the LICENSED SOFTWARE is accessed through YOUR password and YOU shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with YOUR use of the LICENSED SOFTWARE, including those related to data privacy, international communications, and the transmission of technical or personal data. YOU shall: (i) notify SIEMENS immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to SIEMENS immediately and use reasonable efforts to stop immediately any copying or distribution of the LICENSED SOFTWARE that is known or suspected by YOU; and (iii) keep all of YOUR profile information current. Where use of the LICENSED SOFTWARE is contingent on YOU and YOUR users accessing an "account" and/or inserting a "user-identification" and/or "password," YOU agree that YOU will be solely responsible for the user-ids and passwords that are provided to YOU (as such passwords may be changed from time to time in accordance with features of the LICENSED SOFTWARE) to log-in to the password protected LICENSED SOFTWARE. If non-authorized individuals have access to YOUR systems or to YOUR users' user-id and password, they may be able to use the LICENSED SOFTWARE. YOU and YOUR users shall keep any correspondence YOU receive relating to or through the use of the LICENSED SOFTWARE (including, but not limited to, YOUR user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. YOU will be responsible and liable for all communications and actions that take place through the use of YOUR user-ids, including without limitation, any actions that occur without YOUR authorization. Accordingly, it is YOUR responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent.

 

6. Reservation of Rights. SIEMENS reserves all rights not expressly granted to YOU in this EULA.

 

7. Additional Software, Component, or Third Party Licenses. This EULA applies to updates or supplements to the original LICENSED SOFTWARE provided by SIEMENS, unless SIEMENS provides other terms along with the update or supplement.

 

8. Termination. This EULA is effective from the first date YOU install, copy, or otherwise use the LICENSED SOFTWARE. Without prejudice to any other rights of SIEMENS, the EULA shall terminate upon violation of any of the conditions set forth in Clause 4, it shall be entitled to terminate this EULA without notice, or 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 LICENSED SOFTWARE, and all its components.

 

9. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE THE LICENSED SOFTWARE IS PROVIDED “AS IS” AND NEITHER SIEMENS NOR ANY OF THEIR LICENSORS (IF ANY) MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY THIRD-PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY SIEMENS OR THEIR LICENSORS OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A SIEMENS REPRESENTATIVE SHALL CREATE A WARRANTY OR 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. YOU AGREE THAT FROM TIME TO TIME SIEMENS MAY REMOVE THE LICENSED SOFTWARE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE LICENSED SOFTWARE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF SIEMENS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

 

10. INTERRUPTION OF SERVICES AND LOSS. SIEMENS SHALL USE REASONABLE EFFORTS TO PROTECT MATERIALS OR INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE LICENSED SOFTWARE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SIEMENS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION OR SIEMENS DATA IN ANY WAY. SIEMENS DOES NOT REPRESENT OR GUARANTEE THAT THE LICENSED SOFTWARE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SIEMENS DISCLAIMS ANY LIABILITY RELATING THERETO.

 

NOTWITHSTANDING ANY OTHER PROVISION OF THIS EULA, SIEMENS RESERVES THE RIGHT TO CHANGE, SUSPEND, REMOVE, OR DISABLE ACCESS TO THE LICENSED SOFTWARE AT ANY TIME WITHOUT NOTICE. IN NO EVENT WILL SIEMENS BE LIABLE FOR MAKING THESE CHANGES. SIEMENS MAY ALSO IMPOSE LIMITS ON THE USE OF OR ACCESS TO CERTAIN FEATURES OR PORTIONS OF THE LICENSED SOFTWARE, IN ANY CASE AND WITHOUT NOTICE OR LIABILITY.

 

11. WAIVER AND INDEMNITY. BY USING THE LICENSED SOFTWARE, YOU AGREE TO INDEMNIFY AND HOLD SIEMENS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS EULA, YOUR USE OF THE LICENSED SOFTWARE, OR ANY ACTION TAKEN BY SIEMENS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS EULA OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS EULA HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SIEMENS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE LICENSED SOFTWARE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SIEMENS’ CONCLUSION THAT A VIOLATION OF THIS EULA HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN, RESULTING FROM, OR CONTEMPLATED BY THIS EULA.

 

12. LIMITATION OF LIABILITY. IN NO EVENT SHALL SIEMENS, ITS EMPLOYEES, LICENSORS, AFFILIATES, AGENTS, OR SIEMENS AG AND THEIR AFFILIATES OR THE ONLINE MARKETPLACE BE LIABLE FOR ANY LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, LOSS OF PROFITS, INTERRUPTION OF BUSINESS OR FOR ANY DIRECT, 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 LICENSED 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 (e.g., PRODUCT LIABILITY LAW OR INTENTIONAL MISCONDUCT).

 

13. Debugging and Technical Support. Unless otherwise agreed, SIEMENS and their affiliates have no obligation to furnish YOU with any further technical support or to debug the LICENSED SOFTWARE. SIEMENS reserves the right to improve the LICENSED SOFTWARE, remove features of the LICENSED SOFTWARE, and to carry out modifications at any time without any prior notice and in its sole discretion. YOU acknowledge that ONLINE MARKETPLACE has no obligation to furnish any maintenance and support services with respect to the LICENSED SOFTWARE.

 

SIEMENS may at its sole discretion offer YOU support services concerning the LICENSED SOFTWARE ("SUPPORT SERVICES"). SIEMENS does not guarantee or warrant that SUPPORT SERVICES shall cure any technical problem caused by the use of the LICENSED SOFTWARE.

 

14. Governing Law, Jurisdiction, Venue, Export Restrictions, and Legal Compliance.

This EULA shall be governed by and construed and interpreted by the laws of the State of Georgia, without regard to any conflict of laws provisions therein. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE WITH SIEMENS OR RELATING IN ANY WAY TO YOUR USE OF THE LICENSED SOFTWARE RESIDES IN THE IDENTIFIED COURTS OF THE STATE OF GEORGIA. YOU EXPRESSLY AGREE THAT VENUE FOR ANY CLAIM OR DISPUTE WITH SIEMENS OR RELATING IN ANY WAY TO YOUR USE OF THE LICENSED SOFTWARE SHALL BE IN THE SUPERIOR COURT OF GWINNETT COUNTY, GEORGIA OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA. Licensee shall comply with all then-current export and import laws and regulations of the United States and such other governments as are applicable when distributing or using the LICENSED SOFTWARE. Licensee hereby certifies that it will not directly or indirectly export, re-export, transship, or transmit the LICENSED SOFTWARE, or any portion thereof, or related information, media, or products in violation of United States laws and regulations. YOU represent and warrant that YOU are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist sponsoring" country, or (ii) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.

 

15. Other Usage Rules, Restrictions, Obligations, Rights, and Notices Related to the LICENSED SOFTWARE.

 

a) YOU acknowledge that (i) this EULA is concluded between YOU and SIEMENS only, and not with ONLINE MARKETPLACE, and (ii) SIEMENS, not the ONLINE MARKETPLACE, is solely responsible for the LICENSED SOFTWARE and the content thereof. Without limitation, YOUR use of the LICENSED SOFTWARE with any ENABLED DEVICE, is subject to the usage rules established by the ONLINE MARKETPLACE, (e.g., Apple App Store Terms and Conditions located at http://www.apple.com/legal/itunes/ww/, or other applicable online marketplace), the applicable provisions of which are incorporated herein by this reference.

 

b) The ONLINE MARKETPLACE is not liable for any claims by YOU or any third party relating to the LICENSED SOFTWARE, or YOUR possession or YOUR use of the LICENSED SOFTWARE, including, but not limited to, (i) any product liability claims; (ii) any claim that the LICENSED SOFTWARE fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

c) Except as provided in this Clause 15(c), nothing contained in this EULA is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits, or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. Notwithstanding the foregoing, YOU acknowledge and agree that the ONLINE MARKETPLACE and its subsidiaries are third party beneficiaries to this EULA, and that, upon YOUR acceptance of the terms and conditions of this EULA, the ONLINE MARKETPLACE will have the right to enforce this EULA against YOU in its capacity as a third-party beneficiary to this EULA.

 

16. For U.S. Government End Users: The LICENSED SOFTWARE was developed at private expense and is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the LICENSED SOFTWARE with only those limited rights set forth therein. Publisher is SIEMENS Industry, Inc., 3333 Old Milton Parkway, Alpharetta, GA 30005-4437.

 

a) For clarity, if this LICENSED SOFTWARE is being licensed under a U.S. federally funded project, then the following Restricted Rights Notice is in effect:

 

Restricted Rights Notice

 

1) This computer software is submitted with restricted rights under Government Contract (and subcontract, if appropriate). It may not be used, reproduced, or disclosed by the Government except as provided in paragraph(b) of this notice or as otherwise expressly stated in the contract.

 

(2) This computer software may be— 

(a) Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation to which the computer(s) may be transferred; 

(b) Used or copied for use with a backup computer if any computer for which it was acquired is inoperative; 

(c) Reproduced for safekeeping (archives) or backup purposes; 

(d) Modified, adapted, or combined with other computer software, provided that the modified, adapted, or combined portions of the derivative software incorporating any of the delivered, restricted computer software shall be subject to the same restricted rights; 

(e) Disclosed to and reproduced for use by support service contractors or their subcontractors in accordance with paragraphs (b)(1) through (4) of this notice; and 

(f) Used or copied for use with a replacement computer.

 

(3) Notwithstanding the foregoing, if this computer software is copyrighted computer software, it is licensed to the Government with the minimum rights set forth in paragraph (b) of this notice.(4) Any other rights or limitations regarding the use, duplication, or disclosure of this computer software are to be expressly stated in, or incorporated in, the contract.(5) This notice shall be marked on any reproduction of this computer software, in whole or in part.

 

(End of notice)

 

17. Miscellaneous. This EULA represents the entire agreement between YOU and SIEMENS relating to the LICENSED SOFTWARE and (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any acknowledgement or similar 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. No modification to this EULA is binding, unless in writing and signed by a duly authorized representative of each party. This EULA shall be binding on and shall inure to the benefit of the heirs, successors, and assigns of the parties hereto. The failure of either party to enforce any right resulting from the breach of any provision of this EULA by the other party will not be deemed a waiver of any right related to a subsequent breach of such provision or any other right hereunder.

 

SIEMENS reserves the right to take steps SIEMENS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this EULA. YOU agree that SIEMENS has the right, without liability to YOU, to disclose any account information to law enforcement authorities, government officials, and/or a third party, as SIEMENS believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this EULA (including but not limited to SIEMENS’ right to cooperate with any legal process relating to YOUR use of the LICENSED SOFTWARE and/or products, and/or a third-party claim that YOUR use of the LICENSED SOFTWARE and/or products is unlawful and/or infringes such third party's rights).

 

18. Trademarks. This EULA does not grant YOU any rights whatsoever in relation to SIEMENS' or its affiliates’ trademarks or service marks.

 

19. Contact. Any questions, complaints, or claims that YOU may have with respect to the LICENSED SOFTWARE should be directed to:

 

ATTN: Sm@rt Gear Mobile App Product Manager

SIEMENS INDUSTRY, INC. 

5400 Triangle Parkway 

Norcross, GA 30092

 

info.us@siemens.com

© Siemens Industry, Inc. 2019. All Rights Reserved.

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