This document outlines the legal Terms of Use for the Siemens Xcelerator Marketplace and affiliated Siemens websites. It serves as a binding agreement between Siemens and the user, governing access to and use of the site's content, which includes specific information, software, and documentation. The terms detail user responsibilities, such as the requirement for accurate registration data, the obligation to maintain the confidentiality of login credentials, and adherence to acceptable use policies. The agreement grants users a limited, non-exclusive, non-transferable license to use the provided materials while strictly prohibiting unauthorized distribution or modification. Key clauses address Siemens' intellectual property rights, disclaimers of liability for free content and site availability, and the user's sole responsibility for complying with all applicable national and international export control regulations. The entire agreement is governed by German law.
A Summary of Siemens' Website Terms of Use
1.1-1.3 General Terms: Your use of the Siemens website constitutes full acceptance of these terms. If you are using the site on behalf of a company, you are legally representing that entity, and certain German consumer protection laws do not apply.
3.1-3.6 User Registration and Security: Access to certain parts of the site is password-protected and requires registration. You must provide accurate information and keep it updated. Siemens reserves the right to deny or revoke access if a user provides false data, violates the terms, is inactive for a long period, or engages in illegal activity.
3.4 User Liability: You are responsible for maintaining the confidentiality of your login credentials (User Data) and are held liable for all transactions and activities conducted under your account. You must notify Siemens immediately of any unauthorized use.
4.1-4.4 Limited License for Content: Siemens grants you a non-exclusive and non-transferable license to use the information, software, and documentation on the site. You are prohibited from distributing this content to third parties, renting it, modifying it, or reverse-engineering the software.
5.1-5.2 Intellectual Property: All brand names, information, and other content on the site are the intellectual property of Siemens. They cannot be copied, sold, rented, or used in any way without prior written permission from Siemens.
6.1-6.2 User Conduct: When using the site, you must not violate intellectual property rights, upload malicious content like viruses, distribute spam, or engage in any unlawful activities. Siemens can deny access to any user who breaches these obligations.
7 Hyperlinks: Siemens is not liable for the content of third-party websites linked from its site. Accessing such links is at your own risk.
8.1 & 9.1 Liability Disclaimer: For any information, software, or documentation provided free of charge, Siemens excludes all liability for defects in quality or title, except in cases of willful misconduct or fraud. Liability for damages is limited to what is required by law.
10.1-10.5 Export Control Compliance: A critical user responsibility is to comply with all applicable national and international export control regulations (including those of Germany, the EU, and the USA) when transferring any materials from the site to a third party. This includes adhering to embargos and sanctioned party lists.
11.2 & 11.4 Jurisdiction and Applicable Law: These terms are governed exclusively by German law. For commercial users (merchants), the place of jurisdiction shall be Munich, Germany.