SFS Asset Inspection App

1. “Agreement” means this End User License Agreement.
2. “App” means this mobile application software documentation and information that is made available to You by Siemens under this Agreement.
3. “local SFS entity” means for

   Germany: Siemens Finance & Leasing GmbH

   Nordics: Siemens Financial Services AB

   United Kingdom: Siemens Financial Services Ltd

   India: Siemens Financial Services Private Limited and Siemens Factoring Private Limited

   France: Siemens Financial Services SAS and Siemens Lease Services SAS

   United States: Siemens Financial Services, Inc.

   Spain: Siemens Renting S.A.U.

   Poland: Siemens Finance Sp. z o.o.

   Russia: Siemens Finance and Leasing LLC

   Turkey: Siemens Finansal Kiralama A.S.

4. “SFS” means Siemens Financial Services GmbH, an affiliate of Siemens.
5. “You” and ”Your” refers to the downloader of the App pursuant to this Agreement and may refer to a natural person or to a legal entity including, but not limited to, a corporation, partnership or a limited liability company.

1. With the App we provide an array of services for online asset inspection ("Service" or "Services"). By using the App You may
   • Process assigned tasks by creating, entering and editing content within Your user account
   • If you choose to do so, store, publish, submit and share such content whereby content also includes certain other information such like: photos, geo location, date/time stamp, asset information and general observations regarding assets and circumstances
2. You may use the Services solely for Your business purpose with your respective local SFS entity and as permitted by this Agreement.
3. You are responsible for the correctness of the content.
4. There is no claim to availability of the Service and use of the App. Siemens may immediately terminate Your access to the Service and use of the App, with or without cause, at any time without penalty in its sole discretion. Siemens, in its sole discretion, may suspend or terminate Your password, account or use of the App and may delete any data, content including but not limited to Your content, without penalty, liability or any obligation for recovery. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.

1. The App is protected by copyright laws and other intellectual property laws. Title to this App and any intellectual property rights in the App will at all times remain with Siemens, its affiliates and its third party suppliers.
2. In the case the App contains open source software or similar third-party software (hereinafter referred to as “OSS”) the OSS is listed in the info section of the App. You are entitled to use the OSS in accordance with the respective license conditions of the OSS. The license conditions of the respective OSS shall prevail over section 4 of the Agreement with respect to the use of the OSS. If the license conditions of the OSS require the distribution of the source code of such OSS Siemens shall provide such source code on request against payment of shipping and handling charges.

1. In connection with the use of the App, Siemens, SFS and/or local SFS entity (including service providers or suppliers) may obtain, receive or collect data or information, including system-specific data or information or other content, from You or other parties using or having used the App (“Your Data”).
2. You hereby grant Siemens, SFS and local SFS entities (including service providers or suppliers acting on behalf) a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual, nonrevocable license under applicable copyrights and other intellectual property rights, if any, in all Your Data to provide the App to You and to create derivative works and aggregated data derived from Your Data, Siemens, SFS and/or local SFS customers and other sources, including without limitation, comparative data sets, statistical analyses, reports and related services (collectively, “Siemens Data”). Siemens, SFS and/or local SFS entities may utilize Siemens Data as it sees fit for any purpose.
3. For processing of any personal data (e.g., names, addresses, telephone numbers, e-mail addresses or complete IP addresses) the parties shall comply with applicable laws on data privacy protection.

   You represent and warrant that You have all rights, permissions and consents necessary to aforesaid use of Your Data as part of the App, and permit Siemens, SFS and/or local SFS entity to exercise all of its rights under this Agreement. You, not Siemens, SFS and/or local SFS entity nor, service providers or suppliers, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness, of all of Your Data. Neither Siemens, SFS and/or local SFS entity nor service providers or suppliers shall be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Data.

Siemens grants to You a nonexclusive, non-sublicensable, nontransferable right to install and use the App solely on Your device within the limits of this Agreement, in particular, but not limited to the export restrictions contained herein.

Siemens reserves all rights not expressly granted to You.

By using the Service You shall not:

6.1 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’, SFS and/or local SFS entity 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, SFS and/or local SFS entity or its business partners to liability.

Siemens may deny access to the App at any time, in particular if You breach any obligation arising from these terms.

You shall comply with all applicable sanctions, embargoes and (re-)export control regulations, and, in any event, with those of the European Union and the United States of America (collectively “Export Regulations”). In particular, the information, software and documentation provided by Siemens (collectively “Services”) shall not be used, accessed or transferred, unless permitted by the Export Regulations or respective governmental licenses or approvals, (i) in or to any location prohibited by or subject to comprehensive sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine) or license requirements according to the Export Regulations; (ii) by or to any individual or entity designated on a sanctioned party list of the Export Regulations; (iii) for any purpose prohibited by the Export Regulations (e.g. use in connection with armaments, nuclear technology or weapons); or (iv) to upload any content unless it is non-controlled (e.g. in the EU: AL = N; in the U.S.: ECCN = N or EAR99).

If required to enable authorities or Siemens to conduct export control checks, You, upon request by Siemens, shall promptly provide Siemens with all information pertaining to You, the intended use and the location of use of the Services.

Siemens shall not be obligated to fulfill this Agreement if such fulfillment is prevented by any impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions. You acknowledges that Siemens may be obliged under the Export Regulations to limit or suspend access by You to the Services.

8.1 The App is provided to You free of charge and on an “As-is” and “As available” basis, without any maintenance services and without warranties of any kind, except to the extent prohibited by applicable law. Siemens shall correct errors at its own discretion by supplying an update in which the error has been remedied.

8.2 Siemens, SFS, local SFS entity, its third party suppliers and the provider of the online marketplace where the App has been offered make no warranties of any kind, including any implied warranty of merchantability or fitness for any particular purpose, nonexistence of defects, or against infringement, with respect to the App provided under and pursuant to this Agreement.

8.3 By reason of the free-of-charge supply of the App and unless otherwise provided for in the Agreement, You shall have no claim for damages based on whatever legal reason, including infringement of duties arising in connection with the contract or tort. Any and all liability in connection with the use of the App and for defects in title related thereto shall be excluded.

This does not apply if liability is based on (i) the German Product Liability Act (“Produkthaftungsgesetz”); (ii) intent; (iii) gross negligence on the part of the owners, legal representatives or executives; (iv) fraud; (v) failure to comply with a guarantee granted; (vi) negligent injury to life, limb of health; or (vii) negligent breach of a fundamental condition of contract (“wesentliche Vertragspflichten”).

However, claims for damages arising from a breach of fundamental condition of contract shall be limited to the foreseeable damage which is intrinsic to the contract, provided that no other of the above cases applies.

The above provision does not imply a change in the burden of proof to the detriment of You.

The Privacy Notice is listed in the info section of the App.

10.1 This Agreement shall be governed by the substantive law of Germany without reference to that jurisdiction’s conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. If You are a merchant according to the definition of the German Commercial code, for all disputes arising out of or in connection with this Agreement shall be finally settled in accordance with the Rules of Arbitration of the International Chamber of Commerce. The seat of arbitration shall be Munich, Germany. The language to be used in the arbitration proceeding shall be English.

10.2 You are responsible to prevent unauthorized access to the App.

11.1 Siemens provides products and solutions with industrial security functions that support the secure operation of plants, systems, machines and networks.

11.2 In order to protect plants, systems, machines and networks against cyber threats, it is necessary to implement – and continuously maintain – a holistic, state-of-the-art industrial security concept. Siemens’ products and solutions only form one element of such a concept.

11.3 You are responsible to prevent unauthorized access to Your plants, systems, machines and networks. Such systems, machines and components should only be connected to the enterprise network or the internet if and to the extent such a connection is necessary and only when appropriate security measures (e.g. firewalls and/or network segmentation) are in place. Additionally, Siemens guidance on appropriate security measures should be taken into account.

11.4 Please visit hereto https://www.siemens.com/en-us/company/digital-transformation/cybersecurity/industrial-cybersecurity/.

11.5 Siemens’ products and solutions undergo continuous development to make them more secure. Siemens strongly recommends that updates are applied as soon as available and that the latest product versions are used. Use of product versions that are no longer supported, and failure to apply latest updates may increase Your exposure to cyber threats.

11.6 To stay informed about the latest security threats, patches and other related measures, published, among, please subscribe to the Siemens Industrial Security RSS Feed under https://www.siemens.com/en-us/company/digital-transformation/cybersecurity/industrial-cybersecurity/ and visit http://www.siemens.com/cert/en/cert-security-advisories.htm.

12.1 You agree that Siemens and the provider of the online marketplace where the App has been offered may enforce this Agreement as it relates to their products and services directly against You.

12.2 If any provision of this Agreement is found to be void or unenforceable, it will not affect the validity of any other provision of this Agreement and those provisions will remain valid and enforceable according to their terms.
Modifications to, amendments of and supplementary agreements to this Agreement shall not be binding unless made in writing and signed by the duly authorized representatives of the contract partners. Any waiver of this written form requirement shall likewise be in writing. Statements per email or other electronic communication shall not be sufficient to fulfill this written form requirement.

12.3 This Agreement constitutes also a contract in favour of SFS and the respective local SFS entity as third party beneficiary pursuant to section 328(1) of the German Civil Code (Bürgerliches Gesetzbuch).