Smart Metering Solutions (Changsha) Co. Ltd.

Legal Statement

Scope

Any use of this web site provided by Smart Metering Solutions Aktiengesellschaft and/or its affiliates ("Smart Metering Solutions"), "Smart Metering Solutions Web Site", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g . for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Smart Metering Solutions Web Site these Terms of Use are accepted in their then current version.
Except as otherwise noted, this term is not applicable to the use of other website through the Smart Metering Solutions website.

Services

This Smart Metering Solutions Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
Smart Metering Solutions may stop the operation of the Smart Metering Solutions Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Smart Metering Solutions cannot accept any liability for the continuous availability of the Smart Metering Solutions Web Site.

Registration, Password

Some pages of the Smart Metering Solutions Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Smart Metering Solutions reserves the right to deny registration to any User. Smart Metering Solutions particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Smart Metering Solutions is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
- uses false data for the purpose of registration;
- violates these Terms of Use or neglects its duty of care with regard to User Data;
- violates any applicable laws in the access to or use of the Smart Metering Solutions Web Site;
- or did not use the Smart Metering Solutions Web Site for a longer period.
For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure, that its e-mail address, as supplied to Smart Metering Solutions, is current at all times and an address at which the User can be contacted.
Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from Smart Metering Solutions into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Smart Metering Solutions thereof without undue delay in writing, or, as the case may be, by e-mail.
After receipt of the notice under paragraph 3.4, Smart Metering Solutions will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Smart Metering Solutions or upon new registration.
The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Smart Metering Solutions will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.

使用信息、软件和文件的权利

任何西门子网站上提供的信息、软件和文件（以下简称“信息、软件和文件”）的使用应适用使用条款，如涉及信息、软件和文件的更新，应适用与西门子事先达成的许可条款。单独的许可条款优于使用条款。
西门子授予用户非排他和不可转让许可（即不得进行转许可），在许可范围内使用自西门子网站获取的信息、软件和文件，如无协议，则应遵循西门子提供上述信息的目的使用。
软件应以目标代码的形式免费提供。除非另有协议规定，用户将无权获得源代码。
用户在任何情况下均不得向第三方转让、出租或以其他方式提供信息、软件和文件。除非强制性法律另行规定，用户不得修改软件、文件，也不应对软件或其部件进行分解、反向工程与解码。用户可以在必要时保留软件复印件进行备份，以确保根据本使用条款进一步使用软件。
信息、软件和文件受著作权法、国际著作权公约或其他与知识产权相关的法律和公约的保护。用户应遵守上述法律，特别是不能从信息、软件、文件及其复印件中修改、隐匿或删除任何文字数字代码、标识或著作权提示。

知识产权

未经西门子事先书面同意，西门子网站的信息、商标和其他内容不得修改、复印、复制、出售、出租、使用、增加或以其他方式使用。
除本规定明确授予的使用权或其他权利，用户不享有其他权利也无权请求授予其他权利。任何和所有专利权与许可明确排除于本使用条款之外。

Duties of the User

In accessing or using the Smart Metering Solutions Web Site the User shall not
- •harm other persons, in particular minors, or infringe their personal rights;
- •breach public morality in its manner of use;
- •violate any intellectual property right or any other proprietary right;
- •upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- •transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful;
- •distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
Smart Metering Solutions may deny access to the Smart Metering Solutions Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

Hyperlinks

The Smart Metering Solutions Web Site may contain hyperlinks to the web pages of third parties. Smart Metering Solutions shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Smart Metering Solutions does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

Liability for defects of title or quality

Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
The information on the Smart Metering Solutions Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

Other Liability, Viruses

The liability of Smart Metering Solutions for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of Smart Metering Solutions is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.
Although Smart Metering Solutions makes every endeavor to keep the Smart Metering Solutions Web Site free from viruses, Smart Metering Solutions cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

Compliance with Export Control Regulations

If the User transfers information, software and documentation provided by Smart Metering Solutions to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of the Federal Republic of the European Union and of the United States of America. Smart Metering Solutions should indicate the information software and documents relating to the export control list of the eu and the us business control list.
the User shall in particular check and guarantee by appropriate measures that:
- •information, software and documents must not be used for military, nuclear technology or weapons;
- •the provision of goods, software or technology originating in the United States shall not be provided to the organization or personnel listed in the U.S.
- •without authorization to provide the information provided to persons and organizations listed in the list, entity list or special designated list without authorization;
- •not to provide products to any special designated terrorist list, list of foreign terrorist organizations, special designated international terrorist list or organization or personnel listed in the eu terrorist organization;
- •do not provide products to military agents;
- •comply with warnings from German and Chinese government departments.
  Information, software and documentation can be obtained only if it meets the above warranties and inspections. If the user fails to comply with the above provisions, Smart Metering Solutions will not fulfill its obligations.
At the request of the user, Smart Metering Solutions should provide contact information for more information

Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the Smart Metering Solutions Web Site, Smart Metering Solutions shall comply with applicable laws on data privacy protection and the Smart Metering Solutions Web Site Data Protection Privacy Policy, which is available per hyperlink on the Smart Metering Solutions Web Site and/or on www.Smart Metering Solutions.com.

Supplementary Agreements, Place of Jurisdiction, Applicable Law

Any supplementary agreement requires the written form.
The individual pages of the Smart Metering Solutions Web Site are operated and administered by Smart Metering Solutions Aktiengesellschaft and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Smart Metering Solutions makes no representation that information, software and/or documentation on the Smart Metering Solutions Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Smart Metering Solutions Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Smart Metering Solutions Web Site's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Smart Metering Solutions, the User should contact the Smart Metering Solutions representative for the particular country for country specific business.
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 China, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.