1.3 As long as the user of the Siemens-Website is not a consumer in the sense of § 1 Consumerism Law (hereinafter referred to as: 'Consumer'), the §§ 9, 10 E-Commerce-Law are not applicable.
1.4 Siemens is authorized to completely or partially shut down the operation of the Siemens-Website or to change the contents of the Siemens-Website as it sees fit. Due to the nature of the Internet and of computer systems, Siemens cannot accept any liability for the uninterrupted availability of the Siemens-Website.
2. Registration, Password
2.1 Some of the pages of the Siemens-Website may be password-protected. Access to these pages is, based on the security of business transactions, only available for registered users. There is no right to a registration on behalf of Siemens. Siemens reserves the right to determine sites, which were previously freely accessible, to be subject to registration. Siemens is authorized at any given time and without obligation to give reason, to revoke access authorization data by means of blocking access data, particularly in the event that the user
uses false data for the purpose of registration,
has violated applicable law in the course of access or utilization of the Siemens Siemens-Website, or
has not used the Siemens-Website over a prolonged period of time.
2.2 If a registration required, then the user is under obligation to supply accurate information in the course of the registration and, in the event of possible changes over time, to immediately communicate these to Siemens (as far as is provided for: online). The user will ensure that he/she receives Emails, which are sent to the Email-Address supplied by him/her.
2.3 The user will be provided with a user name and a password (hereinafter referred to as 'User Data') after completion of the registration process. On first access, the user will change the password supplied by Siemens into a password which is solely known to him/her. The user data allows the user to view his/her data, to change these or, if need be, to revoke or modify approvals for the utilization of data.
2.4 The user ensures that user data is not made accessible to third parties. The area protected by a password is to be logged off from after each utilization. The user is under obligation to notify Siemens immediately either in written form or per Email to the extent that he/she has gained knowledge that third parties are misusing user data.
2.5 After receipt of a notification pursuant to Para. 2.4, Siemens will deny access to the password-protected area by means of said user data. Revoking this blockage is only possible after a separate request by the user to Siemens or by means of a new registration.
2.6 The user may at any given time demand termination of his registration either in writing or per Email, provided that deletion is not opposed to the carrying out of ongoing contractual relationships. Siemens will in this case delete all user data and all other stored person-related data of the user, as soon as these are no longer required.
3. Right of Use to Information, Software, Documentation and other Contents of the Siemens-Website
3.2 Siemens grants the user a non-exclusive and non-transferable right to utilize the contents made available on the Siemens-Website to the extent, to which it is stated on the Siemens-Website or, in the event that nothing is stated, to the extent of the purpose intended by Siemens in making same available.
3.5 The contents of the Siemens-Website are protected by copyright laws and international copyright treaties and by other laws and conventions related to intellectual property. The user will observe these laws, and in particular will not remove alphanumeric codes, brands and copyright notices.
3.6 The rest of §§ 40a ff. Copyright Law shall not be affected hereby.
4. Intellectual Property
4.2 Except for the rights explicitly granted herein, the user is not granted additional rights of any sort, especially in regard to the name of the company or industrial property rights, such as patents, utility patents or brands, nor is Siemens under a corresponding obligation to grant such rights.
5. Duties of the User
5.1 In utilizing the Siemens-Website, the user shall explicitly not do the following:
Harm persons, especially minors, molest these individuals, frighten them or violate their personal rights;
Act contra bonos mores, violate the public order or violate the law with the manner of his/her use,
Violate industrial property rights, infringe copyrights or other laws;
Upload viruses, so-called trojan horses or other programming that can damage software;
Enter, store or send hyperlinks or contents, for which he/she has no authorization, especially when these hyperlinks or contents are in breach of confidentiality obligations or are unlawful;
pursuant to § 107 Telecommunications Law prohibited messages (e.g. so-called 'Spam') or the circulation of unfounded warnings regarding viruses, defects and such or which request the participation in any lottery, multilevel selling, chain-letters, Ponzi schemes or comparable actions.
The Siemens-Website may contain hyperlinks to the websites of third parties. Siemens shall have no liability nor does Siemens endorse these websites and their contents as its own, as Siemens does not control the linked information and is not responsible for the contents and information available there.
7. Liability, Viruses
7.1 Siemens is liable for personal injuries within the legal requirements. For other damage, Siemens is only liable in the event of deliberate acts or gross negligence of either Siemens or its auxiliary persons. Unaffected by these is the liability of Siemens in accordance with the Product Liability Law.
7.2 As far as the user is not a consumer, every liability on behalf of Siemens regarding loss of profit, information or data loss or other consequential losses is also not applicable, as longs as e.g. liability is not mandatory due to deliberate acts.
7.3 The contents of the Siemens-Website may contain general descriptions of technical possibilities of individual products, which, in certain cases (e.g. due to product changes), may not always be available. The required performance characteristics are thus in each case to be agreed upon at the time of purchase.
7.4 Although Siemens makes every endeavor to keep the Siemens-Website free from viruses, Siemens cannot guarantee a virus-free environment. Prior to downloading information, software, documentations or other contents, the user will ensure the presence of appropriate safety precautions and virus scanners for his/her own protection and for the avoidance of viruses on the Siemens-Website.
8. Export Controls
8.1 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 will strictly conform with the applicable export rules for information, software and documentation, in particular with those of the EU and EU Member States respectively and those of the USA. Siemens shall label information, software and documentation in relation to obligations to obtain a permit in accordance with the Austrian, the German and the EU Export List and the US-Commerce Control List.
8.2 The user will particularly check and verify that
the received information, software and documentation is not intended for an arms-relevant, nuclear or weapons-technology use;
no company and persons listed in the US Denied Persons List (DPL), are supplied with commodities, software and technology of US origin;
no company and persons listed in the US-Warning List, the US-Entity List and the US-Specially Designated Nationals List, are supplied with items of US origin without a license;
no company and persons listed in the Specially Designated Terrorists List, the Foreign Terrorist Organizations List, the Specially Designated Global Terrorists List or the Terrorist List of the EU are supplied with goods;
no military recipients shall be supplied;
the early warning instructions of the respective Austrian authorities shall be observed.
Access to software, documentation and information on the Siemens -Website may only take place, if such conforms with the checks and guarantees listed above; Siemens is otherwise not under obligation to perform.
8.3 Upon request, Siemens will inform the user regarding relevant contact points for the obtaining of further information.
9. Data Privacy Protection
10. Place of Jurisdiction, Applicable Law
10.1 The sole place of jurisdiction shall be Vienna. This does, however, not apply if the user is a consumer and has his residence, usual place of living and place of employment in another circuit court in Austria.
10.2 The Siemens-Website is operated and administered by companies located in Austria. Siemens takes no responsibility for the fact that information, software, documentations and /or contents may also be available for viewing or may be downloaded from the Siemens-Website from locations outside of Austria. If users outside of Austria access the Siemens-Website, then they are exclusively responsible for compliance with all applicable local laws. The access to information, software, documentations and/or contents on the Siemens-Website from countries, in which such access is unlawful, is prohibited. In this case and in the event that the user wishes to do business with Siemens, the user should contact the Siemens representative in said country.Austrian Law under exclusion of its conflict of law rules applies. Should the user be a consumer with a usual place of living in a different state than Austria, then, based on binding legal regulations, the consumer protection provisions of this country may have priority over choice of law. The application of the UN-Convention on International Sales of Goods is excluded.