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TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE ("SITE").
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS
AND CONDITIONS AS WELL AS ALL OTHER POLICIES DESCRIBED IN THIS SITE.
These terms may be revised from time to time without
further notice. Your continued use of this Site after any such revisions
constitutes your acceptance of the new terms. If you do not agree to abide
by these or any future terms then you are prohibited from using this Site
or downloading materials from it.
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1. PROPRIETARY RIGHTS
Copyrights. Siemens reserves copyrights in all
contents of this Site, including but not limited to design, text,
software, technical drawings, configurations, graphics, other files, and
their selection and arrangement. The contents of this Site may not be
modified, copied, distributed, framed, reproduced, republished,
downloaded, displayed, posted, transmitted, or sold in any form or by any
means, in whole or in part, without Siemens' prior written permission,
except that you may download and print content for uses that are not
competitive with or derogatory to Siemens, provided that you keep all
copyright or other proprietary notices intact. Please note that this
limited consent may be revoked at any time and does not include consent to
republish Site information on any other Internet, Intranet or Extranet
site or to incorporate the information in any other database or
compilation. Any other use of the content of this Site is strictly
prohibited.
Trademarks. Trademarks of Siemens and its
affiliates may not be copied, imitated, or used, in whole or in part,
without the prior written permission of Siemens. All page headers, custom
graphics, button icons, and scripts are service marks, trademarks and/or
trade dress of Siemens or its affiliates, and may not be copied, imitated,
or used, in whole or in part, without the prior written permission of
Siemens. Other trademarks, registered trademarks, product names, and
company names or logos displayed on this Site are the property of their
respective owners.
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2. PRIVACY POLICY
Siemens' Privacy Policy, incorporated by this reference,
describes the type of information Siemens collects when you visit this
Site and how Siemens uses that information. Please see our Privacy
Policy for more information.
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3. SIEMENS PRODUCT & SERVICE INFORMATION - LIMITATIONS
All content available through this Site, including
data, quotes, status reports, technical drawings, configurations, and
catalog listings is believed to be accurate. However, you should
independently evaluate the accuracy of the information and the usefulness
for your particular needs of a product or service available through this
Site. Specifications for products and services are subject to change
without notice, and Siemens reserves the right to make changes without
notice to processing, materials, or configuration. Siemens does not
guarantee that products listed in its online catalog will be available at
the time of your order. All information on the Site is subject to the
disclaimers of section 5 below.
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4. LINKS TO OTHER WEBSITES
This Site may from time to time contain links to
other websites or other Internet information sources ("Third Party
Sources"). These links are provided as a convenience and do not constitute
an endorsement, sponsorship or recommendation by Owner of – or
responsibility for – the third parties or the linked Third Party Sources
or any content, services or products available on or through such Third
Party Sources.
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5. DISCLAIMERS
THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. SIEMENS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY
MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE
THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR
INFORMATION (INCLUDING BUT NOT LIMITED TO DOWNLOADS, HOT FIXES, QUICK
PATCHES AND SERVICE PACKS) SHALL BE AT YOUR SOLE RISK. SIEMENS RESERVES
THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN
ANY PORTION OF THE SITE. SIEMENS MAY MAKE ANY OTHER CHANGES TO THE SITE,
THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY)
DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT
USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, SIEMENS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
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6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, SHALL SIEMENS BE LIABLE FOR ANY CLAIM FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN
CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY
CONTENT CONTAINED ON THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION
(INCLUDING BUT NOT LIMITED TO DOWNLOADS, HOT FIXES, QUICK PATCHES AND
SERVICE PACKS) THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLES, EVEN IF SIEMENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE
MAY NOT APPLY TO YOU.
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7. YOUR REPRESENTATIONS & WARRANTIES
You represent and warrant for the benefit of Siemens
that: (a) you are at least 18 years of age; (b) you possess the legal
right and ability to enter into this Agreement and order product on your
own behalf or on behalf of any person or entity for whom you are acting as
agent/or that you are authorized to use the password required for this
Site; and (c) all information that you submit to is true, accurate and
current.
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8. TERMS AND CONDITIONS OF SALE
All items ordered from Siemens are made pursuant to
an Appointed Distributor Agreement ("Agreement"). The Standard Terms and
Conditions of Sale attached to and made a part of the Agreement, as amended
from time to time, shall apply to all sales to you unless otherwise agreed
to in writing. Please see our Terms
and Conditions of Sale for further information.
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9. PASSWORDS
If you have been given a Password in order to gain
access to certain information on this Site then you agree, as a condition
of receiving said Password, that you shall keep the Password confidential.
You shall only disclose the Password to your employees or agents who have
a need to know. Any unauthorized distribution of the Password may result
in the revocation of your Password. Siemens reserves the right to revoke
your Password access at any time for any reason whatsoever.
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10. GENERAL
International. This Site is controlled,
operated and administered by Siemens from its offices within the United
States. Siemens makes no representation that materials at this Site are
appropriate or available for use at locations outside of the United
States, and your access to the Site from territories where its contents
may be illegal is prohibited.
Applicable Law. The terms shall be governed by
and construed in accordance with the laws of the State of Georgia, and the
federal laws of the United States of America, without giving effect to its
conflict of law provisions. You agree to submit to the personal and
exclusive jurisdiction of the state or federal courts located within the
State of Georgia.
Other. These terms
constitute the entire agreement between you and Siemens governing your use
of this Site. Should any provision in these terms be found invalid or
unenforceable for any reason, then that provision shall be deemed
severable from the terms and shall not affect the validity or
enforceability of the remaining provisions. You agree that any claim
arising out of or related to the terms or your use of this Site must be
filed within one year after it arose or be permanently barred.
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