Terms of Use
1.1. Any use of this website provided by Siemens Energy AG and/or its subsidiaries ("Siemens Energy"), the "Siemens Energy website", is subject to these Terms of Use. These Terms of Use may be amended, modified, or replaced by other terms and conditions, such as for the purchase of products and services. When you log in, or if a login is not required, when you access or use the Siemens Energy website, you accept these Terms of Use in the current version.
1.2. In the case of online offers aimed at companies or public companies, such companies are represented by the User and must assume that the User has appropriate knowledge and acts accordingly.
1.3. If the User uses the Siemens Energy Website in his or her capacity as a business customer, i.e. he or she does not act for purposes that are outside his or her trade or profession, or as an administration customer, Section 312 (1) sentence 1 nos. 1 - 3 of the German Civil Code does not apply.
2.1. The Siemens Energy Website contains specific information and software, as well as – where applicable – related documentation, for viewing or downloading.
2.2. Siemens Energy may at any time, in whole or in part, suspend the operation of Siemens Energy's website. Due to the nature of the Internet and computer systems, Siemens Energy cannot accept any responsibility for the continuous availability of Siemens Energy's website.
3.1. Certain pages of the Siemens Energy website may be password protected. For the security of the business transactions, only registered users can access these pages. Siemens Energy reserves the right to deny registration to users. In particular, Siemens Energy reserves the right to decide that certain websites, which were previously freely accessible, must be registered. Siemens Energy has the right to deny the User the right to access the password-protected area at any time and without any obligation to give reasons, by blocking its User Data (as defined below), in particular if the User
- uses false information for registration purposes;
- violates these Terms of Use or neglects its duty of care with respect to User Data;
- violates applicable laws when accessing or using the Siemens Energy website; or
- did not use Siemens Energy's website for an extended period.
3.2. When registering, the User shall provide accurate information and, if such information changes over time, update such information (insofar as possible: online) without undue delay. The user must ensure that the e-mail address he or she has provided to Siemens Energy is always up to date and that there is an address where the user can be contacted.
3.3. Upon registration, the User will receive an access code consisting of a user ID and a password ("User Data"). Upon first access, the User shall immediately change the password obtained from Siemens Energy to a password known only to the User. The User Data enables the User to view or amend their data or, where applicable, to withdraw their consent to data processing.
3.4. The User shall ensure that User Data is not accessible to third parties and is responsible for all transactions and other activities carried out under its User Data. At the end of each online session, the user should log out of the password-protected websites. If and to the extent that the User becomes aware that a third party is misusing the User's User Data, the User shall notify Siemens Energy thereof without undue delay in writing or, as applicable, by e-mail.
3.5. Upon receipt of the notice pursuant to Clause 3.4, Siemens Energy will deny access to the password-protected area with such User Data. Access for the user will only be possible again after the user's application to Siemens Energy or upon new registration.
3.6. The User may at any time request in writing that the registration be terminated, provided that the deletion does not conflict with the proper performance of the contractual relations. In such cases, Siemens Energy will delete all user data and other stored personally identifiable data of the user as soon as this data is no longer needed.
4.1. The use of information, software and documentation made available on or through Siemens Energy's website is subject to these Terms of Use or, in the case of updating information, software or documentation, to the applicable license terms previously agreed with Siemens Energy. Separately agreed license terms, such as downloading software, shall take precedence over these Terms of Use.
4.2. Siemens Energy grants the 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 through Siemens Energy's website to the extent agreed, or in the absence of such an agreement, to the extent that Siemens Energy intended to make it available.
4.3. The Software shall be made available free of charge in object code. There should be no right to make the source code available. This does not apply to source code related to Open Source Software, which license terms take precedence over these Terms of Use when transferring Open Source Software, and which terms require the source code to be made available. In such cases, Siemens Energy shall make the source code available upon payment of the costs.
4.4. Information, software and documentation may not be distributed by the User to third parties at any time, nor may it be rented or otherwise made available. Unless permitted by mandatory law, the User may not modify the Software or Documentation, nor disassemble, reverse engineer, or decompile the Software or disassemble any part of it. The User may, if necessary, make a backup copy of the Software to ensure continued use in accordance with these Terms of Use.
4.5. The information, software and documentation are protected by copyright laws as well as international copyright treaties and other laws and conventions related to intellectual property rights. The user shall comply with such laws and, in particular, shall not alter, obscure or remove any alphanumeric code, marks or copyright notices either from the information or from the software or documentation, or any copies thereof.
4.6. Sections 69a et seq. of the German Copyright Act are not affected by this.
5.1. Notwithstanding the specific provisions of § 4 of these Terms of Use, the information, trademarks and other content on Siemens Energy's website may not be modified, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Siemens Energy.
5.2. 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 additional rights. All patent rights and licenses are expressly excluded.
5.3. Siemens Energy may, free of charge, use ideas or suggestions stored by a user on Siemens Energy's websites for the development, improvement and sale of its products.
6.1 When accessing or using Siemens Energy's website, the User may not:
- violate public morality in the way it is used;
- infringe any intellectual property right or other proprietary right;
- upload content that contains a virus, a so-called Trojan horse, or any other program that may damage data;
- transmit, store or upload hyperlinks or content to which the User is not entitled, in particular in cases where such hyperlinks or content violate confidentiality obligations or are illegal; or
- distribute advertising or unsolicited e-mail (so-called "spam") or false warnings about viruses, defects or similar material, and the user may not solicit or solicit participation in sweepstakes, snowball schemes, chain letters, pyramid schemes or similar activities.
6.2. Siemens Energy may deny access to Siemens Energy's Website at any time, in particular if the User violates any obligation arising from these Terms of Use.
Siemens Energy's website may contain hyperlinks to third-party websites. Siemens Energy has no responsibility for the content of such websites and makes no representations or endorsements of such websites or their content as its own, as Siemens Energy does not control the information on such websites and is not responsible for the content and information contained therein. The use of such websites is at the user's own risk.
8.1. To the extent that any information, software or documentation is made available free of charge, all liability for defects in terms of the quality or ownership of the information, software and documentation, in particular in relation to the accuracy or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose, is excluded except in cases involving wilful misconduct or fraud.
8.2. The information on Siemens Energy's website may contain specifications or general descriptions related to the technical capabilities of individual products that may not be available in some cases (e.g. due to product modifications). The required performance of the product must therefore be mutually agreed on in each case at the time of purchase.
9.1. Siemens Energy's liability for defects in quality and ownership shall be determined in accordance with the provisions of § 8 of these Terms of Use. Siemens Energy's other liability is excluded, unless required by law, e.g. under the Product Liability Act or in cases of willful misconduct, gross negligence, personal injury or death, failure to comply with guaranteed characteristics, fraudulent concealment of a defect or breach of fundamental contractual obligations. Damages for breach of basic contractual obligations are limited to the contractual, foreseeable damage if there is no wilful misconduct or gross negligence.
9.2. Although Siemens Energy makes every effort to keep the Siemens Energy Website free of viruses, Siemens Energy cannot guarantee that it is virus-free. The User shall, for his own protection, take the necessary measures to ensure appropriate security measures and shall use a virus scanner before downloading any information, software or documentation.
9.3. §§ 9.1 and 9.2 do not refer to and do not imply any change in the burden of proof to the User's detriment.
10.1. If the User transfers information, software and documentation provided by Siemens Energy to a third party, the User shall comply with all applicable national and international (re)export control regulations. In all cases of such a transfer, the User shall comply with the (re)export control regulations of the Federal Republic of Germany, the European Union and the United States of America.
10.2. In particular, prior to such transfer to a third party, the User shall verify and guarantee, by appropriate measures, that:
- There will be no violation of an embargo imposed by the European Union, by the United States of America and/ or by the United Nations through such transfer or by the provision of other financial resources in connection with information, software and documentation provided by Siemens Energy, also taking into account the restrictions imposed on domestic companies and prohibitions on circumventing these embargoes.
- Such information, software and documentation provided by Siemens Energy is not intended to be used in connection with munitions, nuclear technology or weapons, if and to the extent such use is subject to prohibition or permission, unless the required permission is provided.
- The provisions of all applicable lists of sanctioned Parties of the European Union and the United States of America relating to trade in entities, persons and organisations listed therein shall be taken into account.
10.3. If required to enable authorities or Siemens Energy to carry out export control controls, the User shall, at the request of Siemens Energy, provide Siemens Energy without delay with all information about the particular end-user, the particular destination and the specific intended use of information, software and documentation provided by Siemens Energy, as well as any existing export control restrictions.
10.4. The User shall indemnify and hold Siemens Energy harmless from and against all claims, proceedings, actions, fines, losses, costs and damages arising out of or in connection with the User's non-compliance with export control regulations, and the User shall indemnify Siemens Energy for all losses and expenses arising therefrom, unless such non-compliance was not caused by the User's fault. That provision does not alter the burden of proof.
10.5. Siemens Energy's obligation to perform a contract is subject to the proviso that performance is not prevented by any impediments arising from domestic and international foreign trade and customs requirements or embargoes or other sanctions.
For the collection, use and processing of personally identifiable data of the user of the Siemens Energy website, Siemens Energy shall comply with applicable data protection laws and the Siemens Energy Website Privacy Notice, which is available by hyperlink on the Siemens Energy website and/or on the www.siemens-energy.com.
12.1. Any supplementary agreements must be in writing.
12.2. The jurisdiction shall be Munich if the User is a trader within the meaning of the German Commercial Code (Handelsgesetzbuch).
12.3. The individual pages of the Siemens Energy website are operated and administered by Siemens Energy AG and/or its subsidiaries. The pages comply with the law of the country in which the responsible company has its registered office. Siemens Energy makes no representation that the information, software and/or documentation on Siemens Energy's website is appropriate or available for viewing or downloading in locations outside of the country. If users access Siemens Energy's website from outside such a country, they are solely responsible for compliance with all applicable local laws. Access to information, software and/or documentation on Siemens Energy's website from countries where such content is illegal is prohibited. In this case, and when the User wishes to do business with Siemens Energy, the User shall contact Siemens Energy's representative for the specific country for country-specific operations.
12.4. 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, excluding its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is excluded.