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Terms of Use
This Terms of Use sets out terms with which you must comply with when using the Siemens Energy´s Services.
1. Definitions
Capitalized terms shall have the following meaning:
1.1. "Confidential Information" means any information disclosed by Siemens Energy or you to the other party under or in connection with the Services and which is - when disclosed - identified as "Confidential" or consists of information that, by its nature or context, is sufficient to put the receiving Party on notice of its confidential nature. In addition, any information and materials obtained by you in connection with the Services or your receipt of Services, including the performance and availability of the Services, the Platform, information regarding Siemens Energy´s or our business partners' business strategies and practices, methodologies, trade secrets, know-how, pricing, technology, software, application programming interfaces, application programming interface signatures, product plans, and information regarding Siemens Energy's employees, clients, vendors and consultants, are deemed to be our Confidential Information. Confidential Information does not include information that: (i) is generally available to the public without breach of the Terms of Use and without any wrongdoing; (ii) is or becomes available to the recipient from a source other than the party who discloses the Confidential Information, provided that the recipient has no reason to believe that such source is itself bound by a confidentiality obligation or that such source has obtained the information through any wrongful or tortious conduct; (iii) was lawfully in the recipient's possession prior to receipt from the other party without a corresponding obligation of confidentiality; (iv) is independently developed by the recipient without the use of, or reference to, Confidential Information; or (v) has been released by the disclosing party for non-confidential use (e.g. in a specification document as the case may be).
1.2. "Content" means any information, program, software, application, code in any form, script, library, or data that is entered, uploaded onto, or stored on the Platform in connection with your use of Services.
1.3. "High Risk System" means a device or system that requires enhanced safety functionalities such as fail-safe or fault-tolerant features to maintain a safe state where it is reasonably foreseeable that failure of the device or system could lead directly to death, personal injury, or catastrophic property damage; without limitation, High Risk Systems may be required in critical infrastructure, direct health support devices, aircraft, train, boat or vehicle navigation or communication systems, air traffic control, weapons systems, nuclear facilities, power plants, medical systems and facilities, and transportation facilities.
1.4. "Services" means the Secure Message Exchange Service (SecuMEx).
1.5. "Siemens Energy" means Siemens Energy Energy Global GmbH & Co. KG (Germany) and its Affiliates.
1.6. "Platform" means a Siemens Energy cloud-based platform solution on which the Services are provided.
2. No Illegal, Harmful, or Offensive Use of your Content
You shall not use, or encourage, promote, facilitate, or instruct others to use, the Services for any illegal, harmful, or offensive use. Your Content must not be illegal, harmful, or offensive. In particular, your use of the Services, your Content and your use of your Content shall not:
(i) be in violation of any Laws or rights of others;
(ii) be harmful to others, or Siemens Energy' operations or reputation, including by offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi or pyramid schemes, phishing, farming, or other deceptive practices;
(iii) enter, store or send hyperlinks, enable access to external websites or datafeeds, including embedded widgets or other means of access, in or as part of your Content, for which you have no authorization or which are illegal;
(iv) be defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable;
(v) subject Siemens Energy or its business partners to liability.
3. No violation of use restrictions, Limited Reliance
You shall not:
(i) copy, sell, resell, license, transfer, assign, sublicense, rent, lease, or otherwise make available the Services or the Platform in whole or in part to any Third Party (unless permitted otherwise by us or required by Laws);
(ii) translate, disassemble, decompile, reverse engineer or otherwise modify, tamper with, repair or attempt to discover the source code of any software contained in the Services or the Platform (unless permitted otherwise by us or required by Laws);
(iii) create derivative works of, or based on, any parts of the Services or the Platform;
(iv) change or remove any notices or notations from the Services or the Platform that refer to intellectual property rights or brand names; and
(v) imitate the "look and feel" of any of Siemens Energy' website or other user interface, nor the branding, color combinations, fonts, graphic designs, product icons or other elements associated with Siemens Energy; and
(vi) upload to the Platform any of your Content that is subject to a license that, as a condition of use, access, and/or modification of such content, requires that any Siemens Energy' or Siemens Energy' business partners' software or service provided by Siemens Energy and interacting with or hosted alongside your Content: (a) are disclosed or distributed in source code form; (b) are licensed to recipients for the purpose of making derivative works; (c) are licensed at no charge; (d) are not used for commercial purposes; or (e) are otherwise encumbered in any manner.
Limited Reliance:
You acknowledge and agree that (i) the Siemens Energy Services are not designed to be used for the operation of or within a High Risk System if the functioning of the High Risk System is dependent on the proper functioning of a Service and (ii) the outcome from any processing of data through the use of the Services is beyond our control. You are responsible for the use and the interpretation of the outcome from such processing and any reliance on such outcome.
4. No Abusive Use
You shall not do any of the following:
(i) use the Services in a way intended to avoid or work around any use limitations and restrictions placed on such Services, such as access and storage restrictions or to avoid incurring fees;
(ii) access or use the Services for the purpose of conducting a performance test, building a competitive product or service or copying its features or user interface or use the Services in the operation of a business process outsourcing or other outsourcing or a time-sharing service;
(iii) interfere with the proper functioning of any of Siemens Energy' systems, including any overload of a system by mail bombing, news bombing, broadcast attacks, or flooding techniques;
(iv) engage in any activity or modification or attempt to modify the Platform or the Services in such a way as to negatively impact on the performance of the Platform or the Services.
5. No Security Violations
You shall not use the Services in a way that results in, permits, assists or facilitates any action that constitutes a threat to the security of the Platform or the Services. You shall in particular:
(i) before accessing the Services, during use, and when transferring your Content, take all reasonable precautions against security attacks on your system, on-site hardware, software or services that you use to connect to and/or access the Platform, including appropriate measures to prevent viruses, trojan horses or other programs that may damage software;
(ii) not interfere with or disrupt the integrity or performance of the Services or other equipment or networks connected to the Platform, and in particular not transmit any of your Content containing viruses, trojan horses, or other programs that may damage software;
(iii) not use the Services in a way that could damage, disable, overburden, impair or compromise any of Siemens Energy' systems or their security or interfere with other Users of the Platform;
(iv) not perform any penetration test of or on the Services or the Platform without obtaining our express prior written consent; and
(v) not connect devices to the Services that do not comply with industry standard security policies (e.g., password protection, virus protection, update and patch level).
6. Reporting
If you become aware of any violation of this Terms of Use, you will immediately notify Siemens Energy and provide us with assistance, as requested by us, to stop, mitigate or remedy the violation.
7. Data Privacy
Siemens Energy processes your personal data in accordance with its Privacy Notice.
8. Rights in your Content
Siemens Energy will not acquire any rights, title or interest in or to your Content, except as granted under the Terms of Use. Siemens Energy and its business partners have a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right to use, host, store, transmit, display, modify and reproduce your Content for the purpose of providing the Services.
9. Monitoring of Usage
Without limiting any of our rights in Section 8, Siemens Energy or Siemens Energy's subcontractors may monitor your usage of Services and third party applications for Siemens Energy's internal purposes, including: (i) for security and availability reasons; (ii) to the extent required to ensure compliance with the Terms of Use; (iii) to detect, prevent, and suspend any use of Services exceeding the permitted use under the Terms of Use, and otherwise if necessary for payment and billing purposes (also in relation to third parties); (iv) to provide you with reports on your use of the Services; and (v) to offer to you, in accordance with any applicable legal requirements, other products or services that are not yet part of the Services. You will not block or interfere with our monitoring, but may use encryption technology or firewalls to help keep Your Content confidential. We may also use usage information on an aggregated basis to improve the Services, other Siemens Energy products and services, and Siemens Energy's subcontractors' services.
10. Indemnification
You will indemnify Siemens Energy and its suppliers and contractors and each of their respective employees, officers, directors, and representatives from and against, and, at Siemens Energy's option, defend Siemens Energy from, any claims, damages, liabilities, losses, costs and expenses (including reasonable attorney's fees) arising from or in connection with: (i) your Content; (ii) any violation of Laws or rights of others by your use of the Services; (iii) any breach by you of the Terms of Use, (iv) the operation, your combination or use of the Services in conjunction with any of your Content and/or in conjunction with any third party software, materials and/or services; (v) an adjustment or configuration of the Services made by you or a third party to which you facilitate or permit access to the Services, including users; (vi) our compliance with designs, plans or specifications provided to us by you or on your behalf; (vii) any claims by any user or any third party to which you facilitate or permit access to the Services; (x) your use of Siemens Energy's trademarks, designations and logos in breach of the authorization granted to you in a specification document; and (xi) the use of a Service for the operation of or within a High Risk System if the functioning of a High Risk System depends on the proper functioning of a Service or a Service caused a High Risk System to fail. You will give Siemens Energy prompt written notice of such claim, allow us to control the defense and settlement, and reasonably cooperate with us in this regard.
11. Confidentiality
Each party shall treat Confidential Information disclosed by the other party or its affiliates as confidential, only use it in connection with the Services or as otherwise permitted under the Terms of Use, and not disclose such Confidential Information to anyone except to those users, employees, affiliates, business partners and advisors, and the respective employees of such affiliates, business partners and advisors who need to know that information for the implementation of the Terms of Use and who are bound to appropriate confidentiality obligations; Siemens Energy will not disclose Confidential Information and/or any of your Content to any third party except (i) as instructed by you, (ii) as permitted in the Terms of Use, (iii) as required by Laws or governmental order; should any third party (including governmental bodies) contact us with a request to disclose Confidential Information and/or any of your Content, we will redirect such third party to request that data directly from you and may provide your basic contact information unless we are prevented from doing so by Laws or governmental order; if we are compelled to disclose Confidential Information and/or any of your Content to any third party, we will promptly notify you and provide a copy of the request unless we are prevented from doing so by Laws or governmental order; we may further disclose Confidential Information and/or your Content to third parties in order to report to them potential violations of Laws in connection with your use of the Services.
12. Export Control Evaluation
The upload of product design, software design, development information, manufacturing information or use type information may constitute an export or release of a controlled technology and may be subject to licensing requirements or prohibitions.
Thus before uploading any such data make sure to have taken the necessary steps described in the Internal Control Program EX Export Control Evaluation (siemens-energy.com) or locally applicable Technology Control Plan.
To validate what are the requirements applicable to you, reach out to your Export Control Business Partner ( link), please.
13. Other
Provision of the Services is subject to Siemens Energy´s technical and operational capabilities at any given time. There is no entitlement to a working Service, nor to any particular data rate. Furthermore, Siemens Energy does not guarantee that the Service will be free of disruptions or outages. Nor can Siemens Energy provide a guarantee that the Services work error free. Siemens Energy reserve the right to interrupt, curtail or suspend access without prior notice for any reasons, in particular due to essential maintenance and repair work. Siemens Energy may block user access to the Services temporarily or permanently if we have concrete grounds for suspecting that you are, or have been, in violation of these Terms of Use and/or applicable laws, or if we have any other legitimate reason to block access.
In addition, the use of the Service is subject to the stipulations in the general Siemens Energy Terms of Use, in particular with regard to the limitation of liability of Siemens Energy and Compliance with Export Control Regulations (to be found on www.siemens-energy.com).
This Terms of Use sets out terms with which you must comply with when using the Siemens Energy´s Services.
1. Definitions
Capitalized terms shall have the following meaning:
1.1. "Confidential Information" means any information disclosed by Siemens Energy or you to the other party under or in connection with the Services and which is - when disclosed - identified as "Confidential" or consists of information that, by its nature or context, is sufficient to put the receiving Party on notice of its confidential nature. In addition, any information and materials obtained by you in connection with the Services or your receipt of Services, including the performance and availability of the Services, the Platform, information regarding Siemens Energy´s or our business partners' business strategies and practices, methodologies, trade secrets, know-how, pricing, technology, software, application programming interfaces, application programming interface signatures, product plans, and information regarding Siemens Energy's employees, clients, vendors and consultants, are deemed to be our Confidential Information. Confidential Information does not include information that: (i) is generally available to the public without breach of the Terms of Use and without any wrongdoing; (ii) is or becomes available to the recipient from a source other than the party who discloses the Confidential Information, provided that the recipient has no reason to believe that such source is itself bound by a confidentiality obligation or that such source has obtained the information through any wrongful or tortious conduct; (iii) was lawfully in the recipient's possession prior to receipt from the other party without a corresponding obligation of confidentiality; (iv) is independently developed by the recipient without the use of, or reference to, Confidential Information; or (v) has been released by the disclosing party for non-confidential use (e.g. in a specification document as the case may be).
1.2. "Content" means any information, program, software, application, code in any form, script, library, or data that is entered, uploaded onto, or stored on the Platform in connection with your use of Services.
1.3. "High Risk System" means a device or system that requires enhanced safety functionalities such as fail-safe or fault-tolerant features to maintain a safe state where it is reasonably foreseeable that failure of the device or system could lead directly to death, personal injury, or catastrophic property damage; without limitation, High Risk Systems may be required in critical infrastructure, direct health support devices, aircraft, train, boat or vehicle navigation or communication systems, air traffic control, weapons systems, nuclear facilities, power plants, medical systems and facilities, and transportation facilities.
1.4. "Services" means the Secure Message Exchange Service (SecuMEx).
1.5. "Siemens Energy" means Siemens Energy Energy Global GmbH & Co. KG (Germany) and its Affiliates.
1.6. "Platform" means a Siemens Energy cloud-based platform solution on which the Services are provided.
2. No Illegal, Harmful, or Offensive Use of your Content
You shall not use, or encourage, promote, facilitate, or instruct others to use, the Services for any illegal, harmful, or offensive use. Your Content must not be illegal, harmful, or offensive. In particular, your use of the Services, your Content and your use of your Content shall not:
(i) be in violation of any Laws or rights of others;
(ii) be harmful to others, or Siemens Energy' operations or reputation, including by offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi or pyramid schemes, phishing, farming, or other deceptive practices;
(iii) enter, store or send hyperlinks, enable access to external websites or datafeeds, including embedded widgets or other means of access, in or as part of your Content, for which you have no authorization or which are illegal;
(iv) be defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable;
(v) subject Siemens Energy or its business partners to liability.
3. No violation of use restrictions, Limited Reliance
You shall not:
(i) copy, sell, resell, license, transfer, assign, sublicense, rent, lease, or otherwise make available the Services or the Platform in whole or in part to any Third Party (unless permitted otherwise by us or required by Laws);
(ii) translate, disassemble, decompile, reverse engineer or otherwise modify, tamper with, repair or attempt to discover the source code of any software contained in the Services or the Platform (unless permitted otherwise by us or required by Laws);
(iii) create derivative works of, or based on, any parts of the Services or the Platform;
(iv) change or remove any notices or notations from the Services or the Platform that refer to intellectual property rights or brand names; and
(v) imitate the "look and feel" of any of Siemens Energy' website or other user interface, nor the branding, color combinations, fonts, graphic designs, product icons or other elements associated with Siemens Energy; and
(vi) upload to the Platform any of your Content that is subject to a license that, as a condition of use, access, and/or modification of such content, requires that any Siemens Energy' or Siemens Energy' business partners' software or service provided by Siemens Energy and interacting with or hosted alongside your Content: (a) are disclosed or distributed in source code form; (b) are licensed to recipients for the purpose of making derivative works; (c) are licensed at no charge; (d) are not used for commercial purposes; or (e) are otherwise encumbered in any manner.
Limited Reliance:
You acknowledge and agree that (i) the Siemens Energy Services are not designed to be used for the operation of or within a High Risk System if the functioning of the High Risk System is dependent on the proper functioning of a Service and (ii) the outcome from any processing of data through the use of the Services is beyond our control. You are responsible for the use and the interpretation of the outcome from such processing and any reliance on such outcome.
4. No Abusive Use
You shall not do any of the following:
(i) use the Services in a way intended to avoid or work around any use limitations and restrictions placed on such Services, such as access and storage restrictions or to avoid incurring fees;
(ii) access or use the Services for the purpose of conducting a performance test, building a competitive product or service or copying its features or user interface or use the Services in the operation of a business process outsourcing or other outsourcing or a time-sharing service;
(iii) interfere with the proper functioning of any of Siemens Energy' systems, including any overload of a system by mail bombing, news bombing, broadcast attacks, or flooding techniques;
(iv) engage in any activity or modification or attempt to modify the Platform or the Services in such a way as to negatively impact on the performance of the Platform or the Services.
5. No Security Violations
You shall not use the Services in a way that results in, permits, assists or facilitates any action that constitutes a threat to the security of the Platform or the Services. You shall in particular:
(i) before accessing the Services, during use, and when transferring your Content, take all reasonable precautions against security attacks on your system, on-site hardware, software or services that you use to connect to and/or access the Platform, including appropriate measures to prevent viruses, trojan horses or other programs that may damage software;
(ii) not interfere with or disrupt the integrity or performance of the Services or other equipment or networks connected to the Platform, and in particular not transmit any of your Content containing viruses, trojan horses, or other programs that may damage software;
(iii) not use the Services in a way that could damage, disable, overburden, impair or compromise any of Siemens Energy' systems or their security or interfere with other Users of the Platform;
(iv) not perform any penetration test of or on the Services or the Platform without obtaining our express prior written consent; and
(v) not connect devices to the Services that do not comply with industry standard security policies (e.g., password protection, virus protection, update and patch level).
6. Reporting
If you become aware of any violation of this Terms of Use, you will immediately notify Siemens Energy and provide us with assistance, as requested by us, to stop, mitigate or remedy the violation.
7. Data Privacy
Siemens Energy processes your personal data in accordance with its Privacy Notice.
8. Rights in your Content
Siemens Energy will not acquire any rights, title or interest in or to your Content, except as granted under the Terms of Use. Siemens Energy and its business partners have a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right to use, host, store, transmit, display, modify and reproduce your Content for the purpose of providing the Services.
9. Monitoring of Usage
Without limiting any of our rights in Section 8, Siemens Energy or Siemens Energy's subcontractors may monitor your usage of Services and third party applications for Siemens Energy's internal purposes, including: (i) for security and availability reasons; (ii) to the extent required to ensure compliance with the Terms of Use; (iii) to detect, prevent, and suspend any use of Services exceeding the permitted use under the Terms of Use, and otherwise if necessary for payment and billing purposes (also in relation to third parties); (iv) to provide you with reports on your use of the Services; and (v) to offer to you, in accordance with any applicable legal requirements, other products or services that are not yet part of the Services. You will not block or interfere with our monitoring, but may use encryption technology or firewalls to help keep Your Content confidential. We may also use usage information on an aggregated basis to improve the Services, other Siemens Energy products and services, and Siemens Energy's subcontractors' services.
10. Indemnification
You will indemnify Siemens Energy and its suppliers and contractors and each of their respective employees, officers, directors, and representatives from and against, and, at Siemens Energy's option, defend Siemens Energy from, any claims, damages, liabilities, losses, costs and expenses (including reasonable attorney's fees) arising from or in connection with: (i) your Content; (ii) any violation of Laws or rights of others by your use of the Services; (iii) any breach by you of the Terms of Use, (iv) the operation, your combination or use of the Services in conjunction with any of your Content and/or in conjunction with any third party software, materials and/or services; (v) an adjustment or configuration of the Services made by you or a third party to which you facilitate or permit access to the Services, including users; (vi) our compliance with designs, plans or specifications provided to us by you or on your behalf; (vii) any claims by any user or any third party to which you facilitate or permit access to the Services; (x) your use of Siemens Energy's trademarks, designations and logos in breach of the authorization granted to you in a specification document; and (xi) the use of a Service for the operation of or within a High Risk System if the functioning of a High Risk System depends on the proper functioning of a Service or a Service caused a High Risk System to fail. You will give Siemens Energy prompt written notice of such claim, allow us to control the defense and settlement, and reasonably cooperate with us in this regard.
11. Confidentiality
Each party shall treat Confidential Information disclosed by the other party or its affiliates as confidential, only use it in connection with the Services or as otherwise permitted under the Terms of Use, and not disclose such Confidential Information to anyone except to those users, employees, affiliates, business partners and advisors, and the respective employees of such affiliates, business partners and advisors who need to know that information for the implementation of the Terms of Use and who are bound to appropriate confidentiality obligations; Siemens Energy will not disclose Confidential Information and/or any of your Content to any third party except (i) as instructed by you, (ii) as permitted in the Terms of Use, (iii) as required by Laws or governmental order; should any third party (including governmental bodies) contact us with a request to disclose Confidential Information and/or any of your Content, we will redirect such third party to request that data directly from you and may provide your basic contact information unless we are prevented from doing so by Laws or governmental order; if we are compelled to disclose Confidential Information and/or any of your Content to any third party, we will promptly notify you and provide a copy of the request unless we are prevented from doing so by Laws or governmental order; we may further disclose Confidential Information and/or your Content to third parties in order to report to them potential violations of Laws in connection with your use of the Services.
12. Export Control Evaluation
The upload of product design, software design, development information, manufacturing information or use type information may constitute an export or release of a controlled technology and may be subject to licensing requirements or prohibitions.
Thus before uploading any such data make sure to have taken the necessary steps described in the Internal Control Program EX Export Control Evaluation (siemens-energy.com) or locally applicable Technology Control Plan.
To validate what are the requirements applicable to you, reach out to your Export Control Business Partner ( link), please.
13. Other
Provision of the Services is subject to Siemens Energy´s technical and operational capabilities at any given time. There is no entitlement to a working Service, nor to any particular data rate. Furthermore, Siemens Energy does not guarantee that the Service will be free of disruptions or outages. Nor can Siemens Energy provide a guarantee that the Services work error free. Siemens Energy reserve the right to interrupt, curtail or suspend access without prior notice for any reasons, in particular due to essential maintenance and repair work. Siemens Energy may block user access to the Services temporarily or permanently if we have concrete grounds for suspecting that you are, or have been, in violation of these Terms of Use and/or applicable laws, or if we have any other legitimate reason to block access.
In addition, the use of the Service is subject to the stipulations in the general Siemens Energy Terms of Use, in particular with regard to the limitation of liability of Siemens Energy and Compliance with Export Control Regulations (to be found on www.siemens-energy.com).
Siemens Energy is a trademark licensed by Siemens AG
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