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1.
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Scope
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1.1
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Any use of this web site provided by Siemens Aktiengesellschaft
and/or its affiliates ("Siemens"), "Siemens Web
Site", is subject to these Terms of Use. These Terms of
Use may be amended, modified or replaced by other terms and
conditions, e.g. for the purchase of products and services.
With log-in, or where a log-in is not required, in accessing
or using the Siemens Web Site these Terms of Use are accepted
in their then current version.
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1.2
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In the case of Web offers aimed at companies or public enterprises, such companies
or enterprises are represented by the user and must assume that the user has
appropriate knowledge and acts accordingly.
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1.3
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If the User uses this Siemens Web Site as business
customer, i.e. that it is not acting for purposes which are
outside its trade, business or profession, or as administration
customer, § 312e para. 1 sentence 1 no. 1 - 3 of the German
Civil Code does not apply.
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2.
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Services
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2.1
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This Siemens Web Site contains specific information
and software, as well as - as the case may be - related documentation,
for viewing or downloading.
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2.2
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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.
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3.
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Registration, Password
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3.1
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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 these Terms of Use or neglects its duty of care with regard to User Data;
- 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.
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3.2
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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.
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3.3
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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.
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3.4
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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.
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3.5
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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.
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3.6
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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.
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4.
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Rights of Use to Information, Software and Documentation
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4.1
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The use of any information, software and documentation
made available on or via this Siemens Web Site is subject to
these Terms of Use or, in case of updating information, software
or documentation, subject to the applicable license terms previously
agreed to with Siemens. Separately agreed to license terms,
for example software downloads, shall prevail over these Terms
of Use.
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4.2
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Siemens grants User a non-exclusive and non-transferable
license, which may not be sublicensed, to use the information,
software and documentation made available to the User on or
via the Siemens Web Site to the extent agreed, or in the event
of no such agreement to the extent of the purpose intended by
Siemens in making same available.
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4.3
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Software shall be made available at no expense
in object code. There shall be no right for the source code
to be made available. This shall not apply to source code related
to open source software, which license conditions take priority
over these Terms of Use in the case of transfer of open source
software and which conditions require the making available of
the source code. In such case Siemens shall make the source
code available in return for the payment of costs.
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4.4
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Information, software and documentation may not
be distributed by the User to any third party at any time nor
may it be rented or in any other way made available. Unless
such is allowed by mandatory law, the User shall not modify
the software or documentation nor shall it disassemble, reverse
engineer or decompile the software or separate any part thereof.
The User may make one backup copy of the software where necessary
to secure further use in accordance with these Terms of Use.
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4.5
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The information, software and documentation are
protected by copyright laws as well as international copyright
treaties as well as other laws and conventions related to intellectual
property. The User shall observe such laws and in particular
shall not modify, conceal or remove any alphanumeric code, marks
or copyright notices neither from the information nor from the
software or documentation, or any copies thereof.
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4.6
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§§ 69a et seq. of the German Copyright
Law shall not be affected hereby.
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5.
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Intellectual Property
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5.1
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Notwithstanding the particular provisions in §
4 of these Terms of Use, information, brand names and other
contents of the Siemens Web Site may not be changed, copied,
reproduced, sold, rented, used, supplemented or otherwise used
in any other way without the prior written permission of Siemens.
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5.2
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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.
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5.3
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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.
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6.
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Duties of the User
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6.1
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In accessing or using the Siemens Web Site the User shall not
- harm other persons, in particular minors, or infringe their personal rights;
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such
hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects
or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain
letter, pyramid game or similar activity.
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6.2
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Siemens may deny access to the Siemens Web Site
at any time, in particular if the User breaches any obligation
arising from these Terms of Use.
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7.
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Hyperlinks
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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.
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8.
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Liability for defects of title or quality
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8.1
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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.
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8.2
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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.
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9.
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Other Liability, Viruses
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9.1
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The liability of Siemens for defects in relation
to quality and title shall be determined in accordance with
the provisions of § 8 of these Terms of Use. Any further
liability of Siemens is excluded unless required by law, e.g.
under the Act on Product Liability or in cases of willful misconduct,
gross negligence, personal injury or death, failure to meet
guaranteed characteristics, fraudulent concealment of a defect
or in case of breach of fundamental contractual obligations.
The damages in case of breach of fundamental contractual obligations
is limited to the contract-typical, foreseeable damage if there
is no willful misconduct or gross negligence.
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9.2
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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.
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9.3
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§§ 9.1 and 9.2 do not intend nor imply
any changes to the burden of proof to the User's disadvantage.
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10.
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Export Controls
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10.1
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The export of certain information, software and
documentation may, e.g. due to its nature or intended use or
final destination, be subject to authorization. The User shall
strictly conform with the export regulations for information,
software and documentation, in particular with those of the
EU as well as the individual EU member states and the USA. Siemens
shall label information, software and documentation in relation
to German and EU export control lists and U.S. Commerce Control
List.
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10.2
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The User shall particularly check and verify that
- the information, software and documentation shall not be used for any purpose related to armaments, nuclear technology
or weapons;
- no undertaking or person listed in the U.S. Denied Persons List (DPL) shall receive commodities, software or technology
of U.S. origin;
- no undertaking or person named in the U.S. Warning List, U.S. Entity List or U.S. Specially Designated National List
shall receive items of U.S. origin without a license; and
- no undertaking or person named in the Specially Designated Terrorists List, Foreign Terrorist Organizations List,
Specially Designated Global Terrorists List or in the Terrorists List of the EU shall receive goods;
- no military consignees shall be supplied;
- the early warning instructions of the respective German authorities shall be observed.
Access to software, documentation and information on the Siemens
Web Site shall only take place if such conforms with the above
checks and guarantees. Where the User does not comply with the
above, Siemens shall not be obliged to perform.
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10.3
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Upon request Siemens shall inform the User of
the relevant contact points for further information.
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11.
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Data Privacy Protection
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For collection, use and processing of personally
identifiable data of the User of the Siemens Web Site, Siemens
shall comply with applicable laws on data privacy protection
and the Siemens Web Site Data Protection Privacy Policy, which
is available per hyperlink on the Siemens Web Site and/or on
www.hearing-siemens.com.
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12.
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Supplementary Agreements, Place of Jurisdiction,
Applicable Law
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12.1
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Any supplementary agreement requires the written form.
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12.2
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The place of jurisdiction shall be Munich if the
User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
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12.3
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The individual pages of the Siemens Web Site are
operated and administered by Siemens Aktiengesellschaft and/or
its affiliates. The pages comply with the law applicable in
the country where the responsible company has its business residence.
Siemens makes no representation that information, software and/or
documentation on the Siemens Web Site are appropriate or available
for viewing or downloading at locations outside such country.
If Users access Siemens Web Site from outside such country,
they are exclusively responsible for compliance with all applicable
local laws. Access to Siemens Web Site's information, software
and/or documentation from countries where such content is unlawful
is prohibited. In this case and where User seeks to do business
with Siemens, the User should contact the Siemens representative
for the particular country for country specific business.
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12.4
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These Terms of Use shall be governed by - and
all disputes relating to or in connection with these Terms of
Use or their subject matter shall be resolved in accordance
with - the laws of Germany, to the exclusion of its conflict
of laws rules. The application of the United Nations Convention
on Contracts for the International Sales of Goods (CISG) of
11 April 1980 is excluded.
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