Third Party Terms for Use of the Cloud Service

Software may contain third-party software, technology, and other materials, including open-source software, licensed by third parties under separate terms (“Third Party Terms”) which are specified in the “read me” files, header files, notice files, or similar files. Third Party Terms shall prevail with respect to the respective technology. If and to the extent required by Third Party Terms, Siemens will provide the source code for the respective technology upon written request and payment of any shipping charges by Customer.

High Risk Use

The Cloud Service is not designed to be used (i) 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 the Cloud Services and (ii) where the outcome from any processing of data through the use of the Cloud Services is beyond Siemens’ control. 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. Customer shall refer to the restrictions set forth in the Terms and Conditions.

Service Level Agreement

Siemens shall use commercially reasonable efforts to make the Cloud Services available for a monthly uptime percentage of ninety-eight percent (98%).

Except for:

a) Planned downtime, agreed downtime, routine and emergency maintenance,
b) Cyberattacks,
c) the public, third party and/or customer’s internet and communications networks,
d) data, software, hardware, telecommunications, infrastructure, power, build-packs or net-working equipment not provided by Siemens,
e) Customers and Users negligence or failure in using the Cloud Service and/or in not following the instructions of published documentation,
f) system configurations and platforms not supported by Siemens,
g) system administrations, action, commands and file transfers of Customer or User,
h) modifications or alterations not made by Siemens,
i) unauthorized access via Customer’s credentials and/or
j) any other failure outside of Siemens reasonable control.

Customer Support

Siemens offers helpdesk support. Customer may contact its local Siemens representative for support requests.