For all your questions for product learning you can contact our Customer Care Centre
Tel +32 2 536 2700
MAIL : email@example.com
For all your questions for product learning you can contact our Customer Care Centre
Tel +32 2 536 2700
MAIL : firstname.lastname@example.org
The statutory rights according to applicable law shall apply.
If you have booked SITRAIN access Training or SITRAIN access is part of the Training that you have booked, these Special Terms and Conditions shall supplement the SITRAIN Terms and Conditions. If there are any contradictions between these Special Terms and Conditions and the SITRAIN Terms and Conditions, these Special Terms and Conditions shall take precedence. These Special Terms and Conditions are supplemented by the SITRAIN Acceptable Use Policy.
Siemens shall provide SITRAIN access in accordance with the properties and functionalities specified in the product description. To the extent that this is commercially reasonable, Siemens shall endeavor to make SITRAIN access available to you, subject to operational restrictions, including maintenance and security. SITRAIN access is available whenever SITRAIN access is accessible by logging in at the wide area network interface of the data center that Siemens uses to provide SITRAIN access.
You may use SITRAIN access to send messages to other users of SITRAIN access. You are solely responsible for such messages and their Content. Messages may be blocked, deleted, or prevented from delivery by destination servers or for other reasons beyond Siemens’ control, and there can be no assurance that notifications will reach their intended destination within any particular timeframe.
Since Siemens makes SITRAIN access available in a multi-user environment, it has to reserve the right to modify or discontinue SITRAIN access for justified reasons. This is the case in particular if (i) legal requirements or case law make it necessary to modify or discontinue SITRAIN access; (ii) Siemens is required by its subcontractors and/or suppliers to make modifications; (iii) Siemens’ business relationship with a provider of software and/or services used by Siemens and essential for the provision of SITRAIN access is terminated; (iv) you have not consented; and/or (v) a modification or setting is required because there would otherwise be security risks. If you are a consumer, the modification shall not result in additional costs for you. Siemens shall inform you of any modification, including any negative impact on ways of accessing or using SITRAIN access or of the discontinuation of SITRAIN access and the date when this will enter into force, at least 90 days before such modification. Siemens will not maintain earlier versions of SITRAIN access.
You shall be notified of any amendment to these Special Terms and Conditions at least two months before it enters into force via SITRAIN access or through another electronic channel. The amendments shall only become effective when you have consented to them. Your consent is deemed to have been given if (i) you have not objected to the amendments before the proposed date of their becoming effective and (ii) these amendments are necessary to restore alignment of the contractual arrangements with a change in the legal situation, because as a result of a change in the law a provision of these Special Terms and Conditions no longer conforms to the legal situation or is rendered ineffective or may no longer be applied as a result of a final decision. Where Siemens amends these Special Terms and Conditions on the basis of assumed consent, you have the right to terminate your Subscription with immediate effect. In the notification of an amendment to these Special Terms and Conditions, Siemens shall inform you of the legal consequences.
For the duration of a valid Subscription, Siemens shall grant you a non-exclusive, non-transferable, limited right to access SITRAIN access and use it for internal business purposes exclusively in accordance with these Special Terms and Conditions. if and to the extent that you are provided with accompanying documents and materials via SITRAIN access, Siemens shall grant you a non-exclusive limited right to download this documentation electronically, to make one printout, and to create a backup copy of it.
Your Subscription shall a term of 12 months and shall end automatically after the term of the Subscription.
You may terminate your Subscription to the end of the term of the Subscription at any time during the term of the Subscription.
Each Party may terminate the Subscription with immediate effect for good reason, if the other Party materially breaches the SITRAIN Terms and Conditions, including these Special Terms and Conditions, and the breach of contract is not rectified during a period of 30 days after receipt of a notification specifying the breach. Siemens has the right to terminate the Subscription with immediate effect if you use SITRAIN access without authorization, you file for insolvency or insolvency proceedings are commenced against you, if you discontinue your business activity, if despite a reminder you fail to meet your payment obligations, you contravene sections 3, 9 of these Special Terms and Conditions or sections 11, 12.2 of the SITRAIN Terms and Conditions, or any Laws, or fail to comply with requirements imposed by the authorities.
On termination of the Subscription, your rights to access and use SITRAIN access shall end automatically. In such a case, you are obliged to discontinue the use of SITRAIN access immediately. If the Subscription is terminated by Siemens for good reason, any outstanding fees shall become due and payable immediately. If the Subscription is terminated by you for good reason, Siemens shall refund you for a reasonable portion of the charges paid in advance on a pro-rata basis for the remaining Subscription term. Sections 5.1, 5.2, 5.4, 6.1, 6.3, 7.1, 7.3, 12.4, and 12.5 of the SITRAIN Terms and Conditions and sections 4.4, 6.3, 7.5, 8, 9, 10, and 10.2 shall remain unaffected by any termination.
Siemens may fully or partially suspend or restrict access to, and the use of, SITRAIN access, if in its due discretion Siemens finds that the use of SITRAIN access poses a security risk to SITRAIN access, Siemens, or a third party, or makes Siemens or a third party subject to liability, if you materially breach the SITRAIN Terms and Conditions, including these Special Terms and Conditions, if circumstances occur that entitle Siemens pursuant to section 4.3 to terminate the Subscription for good reason, or if an Excusing Event occurs. The suspension or restriction of access to SITRAIN access may be imposed in addition to all other rights that Siemens may have under the SITRAIN Terms and Conditions, including these Special Terms and Conditions, does not release the customer from its obligation to pay the fees, and the suspension or restriction shall be lifted when the reason for the suspension no longer exists.
You alone are responsible for the creation, substance, purpose, use, and quality of your Customer Content, as well as for how you acquire and share Customer Content via SITRAIN access. This comprises: (i) the transfer or reproduction of Customer Content to data centers outside the country in which you are permanently resident, in accordance with the law; (ii) the initiation of measures to maintain the legally required or otherwise appropriate security of Customer Content, including its backup and archiving; (iii) all document retention and archiving requirements arising from Laws or corporate guidelines that you have to observe; and (iv) ensuring that Customer Content can be used by Siemens and other users of SITRAIN access in permissible ways without breaking Laws or infringing the rights of third parties. If you are held liable by third parties for infringing their rights or for breaking Laws with your Customer Content, you are obliged to investigate the allegations made against you and take appropriate action. Siemens shall not delete your Customer Content, unless Siemens is requested to do so by an authority, deletion is necessary for reasons of liability, or deletion is necessary for security-related reasons. Siemens shall not create and/or maintain backup copies of your Customer Content.
Unless provided for otherwise, Siemens shall not acquire any rights, titles, or claims to the Customer Content. Subject to existing confidentiality obligations, Siemens and its business partners have a global, non-exclusive, transferable, sublicensable right, free of charge, to use, host, store, transfer, play back, modify, and reproduce Customer Content in order to make the Customer Content available to other users via SITRAIN access.
The relevant requirements that take precedence in their application to consumers notwithstanding, Siemens guarantees that SITRAIN access substantially corresponds to the description and properties set out in section 2.1. Otherwise Siemens – to the extent permitted by law – has the sole and exclusive obligation and you the sole and exclusive right (i) to take or demand commercially reasonable efforts to restore SITRAIN access so that SITRAIN access conforms to the guarantee, or (ii) if it is commercially unreasonable to request such restoration, to terminate the Subscription and refund all amounts paid for the Subscription in advance on a pro-rata basis for the remaining Subscription term.
Rights arising from defects shall not apply for defects arising from Customer Content, third-party Content, or use of SITRAIN access that does not conform to the SITRAIN Terms and Conditions or these Special Terms and Conditions.
Siemens provides only the guarantees expressly specified in these Special Terms and Conditions and excludes all other guarantees, including but not limited to the implied guarantee of marketability and of suitability for a specific purpose. Siemens does not provide any guarantee that (i) reported errors will be corrected or support requests will be resolved to meet your requirements (ii) SITRAIN access will be available uninterrupted, error-free, fail-safe, fault-tolerant or free of harmful components, or (iii) Content, including Customer Content and third-party Content, will be secure or will not otherwise be lost or damaged. Presentations of SITRAIN access in any communication with you constitute technical information but do not constitute any guarantee or warranty.
You are responsible for assessing the suitability of SITRAIN access for the use intended by it. By using SITRAIN access, you agree that SITRAIN access meets your requirements in accordance with applicable Laws. You will, at your own cost, obtain all necessary approvals and licenses from software and service providers that you use in connection with SITRAIN access.
You consent to the fact that the Subscription to SITRAIN access does not depend on future features or functions of SITRAIN access. Siemens has no control over your processes or the creation, validation, sale, or use of the customer’s (or any customer’s customer’s) products or services and shall not be liable for any claims or demands made against you by third parties, except for Siemens’ obligations to indemnify the customer against infringement claims as expressly stipulated in this contract.
This section 6.3. shall not apply to consumers.
The relevant requirements that take precedence in their application to consumers notwithstanding, the following shall apply in case of breaches of the law and defects in law:
Section 10 of the SITRAIN Terms and Conditions shall apply, with the proviso that strict (no-fault) liability for damages from defects that were already in existence at the time the contract was entered into is excluded.
Each Party shall treat the Confidential Information disclosed to it by the other Party or its Affiliated Companies as confidential, shall use it only in connection with SITRAIN access or as otherwise permitted in accordance with these Special Terms and Conditions, and shall disclose this Confidential Information only to those users, employees, Affiliated Companies, customers, business partners, and consultants, as well as to those employees of these Affiliated Companies, business partners, and consultants who have to know this information for the implementation of these terms and conditions and who are bound by corresponding confidentiality obligations.
Siemens shall not disclose Confidential Information and/or Customer Content to third parties, unless this is done (i) on your instruction, (ii) as permitted in these Special Terms and Conditions, or (iii) as required by Laws or official orders. If third parties (including government agencies) approach Siemens with a request for disclosure of Confidential Information or Customer Content, Siemens shall ask these third parties to request this data directly from you, and may transfer your basic contact data, unless Siemens is prohibited from doing so on the basis of Laws or official orders. If Siemens is forced to disclose Confidential Information or Customer Content to third parties, Siemens shall inform you of this and send you a copy of the request, unless Siemens is prohibited from doing so on the basis of Laws or official orders. Siemens furthermore has the right to disclose Confidential Information or Customer Content to third parties to inform them of possible breaches of Laws or in the case of a security incident and/or a security gap in connection with your use of SITRAIN access.
Each Party shall comply with the applicable data protection provisions governing the protection of personal data with respect to its respective obligations under these Special Terms and Conditions.
Siemens and its Affiliated Companies have the right to gather and infer information, statistics, and measurement data on the use, operation, support, and maintenance of SITRAIN access (collectively “System Information”) as well as to use System Information to support, maintain, monitor, operate, develop, and improve its products and services or to enforce its rights. Siemens may disclose System Information to a Siemens authorized partner only to the extent appropriate for such partner to fulfill its support obligations to you. To identify unauthorized use of SITRAIN access, Siemens reserves the right to integrate a corresponding automated mechanism to report unauthorized usages.
“Subscription” is an order for SITRAIN access for a specified Subscription period using a manual or electronic order process that (i) incorporates these Special Terms and Conditions and defines all other details in connection with SITRAIN access, including the fees, and (ii) is accepted by Siemens.
“Excusing Event” is any of the following acts:
acts of commission and omission by you or a third party for whom you are responsible, including the failure, on request, to provide accurate, complete, and timely information;
a force majeure event;
routine maintenance and planned downtimes of SITRAIN access, other downtimes agreed and planned by the Parties, emergency or unscheduled maintenance work on SITRAIN access;
defects in the goods or services of third parties or loss of licenses or restrictions imposed by third-party licensors in relation to third-party goods and services;
non-availability of the required technology or other resources on commercially reasonable terms and conditions;
problems, including configuration problems, with an operating system, database, application, network, hardware, infrastructure or other code or material not provided by Siemens;
acts of commission or omission of third parties not caused by Siemens (e.g., hacking, denial-of-service attacks, and the introduction of malware, including viruses);
compliance with applicable Laws and official orders that negatively impacts on Siemens or prevents it from making SITRAIN access available.
“Laws” refers to any law, provision, regulation, standard, or guideline, including but not limited to industry or company-specific requirements, co-determination rights of the works council, data protection, telecommunications, energy law, IT security law, export control, sanctions, and requirements for the protection of Confidential Information.
“Content” refers to data, texts, audio, video, images, models, or software that is accessible via a User Account.
“Customer Content” refers to all Content that you enter, upload, store, use, or create using SITRAIN access.
“User Account” is the non-transferable web-based account that allows access to and use of SITRAIN access via a unique URL (i.e., web address) and that is assigned to you by Siemens.
“Party” refers to either you or Siemens, depending on context.
“Affiliated Company” is a company or another legal person that is under the direct or indirect control of one of the Parties, or that owns or controls one of the Parties or is under joint control, where “Control” means to have the direct or indirect power to direct or determine the business and the management of a company or another legal person.
“Confidential Information” is all information that a Party or an Affiliated Company of that Party discloses to the other Party under or in connection with these Special Terms and Conditions and that, at the time of disclosure, is identified as “confidential” or whose confidential nature can be deduced from the type of information or the context of the disclosure. In addition, Confidential Information is deemed to include all information, data, and materials that you obtain in connection with these Special Terms and Conditions or with access to and the use of SITRAIN access, including the features and availability of SITRAIN access, information on business strategies and practices of Siemens, business partners of Siemens, or other users of SITRAIN access, Content, methods, trade secrets, know-how, pricing, technology, software, application programming interfaces, signatures of application programming interfaces, product plans, as well as information on employees, customers, suppliers, and consultants of Siemens. Confidential Information does not include information that (i) is generally accessible to the public without violating confidentiality obligations; (ii) is available to the recipient from a source other than the disclosing Party, provided that the recipient has no reason to assume that this source is itself bound by a confidentiality obligation or that this source has obtained the information through unlawful or unauthorized conduct; (iii) was in the recipient’s lawful possession before disclosure by the other Party without being subject to a corresponding confidentiality obligation; (iv) was developed by the recipient independently without using or referring to Confidential Information; or (v) was released by the disclosing Party for non-confidential use.