sense

The sense Application uses Oracle software. The Oracle software is subject to a restricted license and will be used by Customer solely to operate the Application, and may not be used for development purposes or to create any new functionality not present in the Application or to create new applications. Oracle retains all ownership and intellectual property rights in the Oracle software. Customer shall be responsible for its agent’s, contractor’s, outsourcer’s, customer’s and supplier’s use of the Oracle software. If a majority owned subsidiary of Customer is permitted access to the Oracle software under Customer’s Agreement, then Customer shall be responsible for any breach of the terms of this paragraph by such majority owned subsidiary. Customer also acknowledges and agrees that Siemens is solely responsible to Customer for all obligations, warranties and remedies regarding the Oracle software licensed under Customer’s Agreement and that Oracle has no such responsibility to Customer. Customer shall not rent, lease or lend the Oracle Software or use it to provide timesharing, subscription, hosting, or outsourcing services; Customer acknowledges that it may not publish benchmark tests relating to the Oracle software without Oracle’s consent. Customer acknowledges that it may bring no claim or lawsuit against Oracle for any breach or violation of any term or condition of Customer’s Agreement or for any damages incurred under Customer’s Agreement. In addition, Customer agrees to permit Siemens or Oracle, upon notice and reasonable request, to audit and report back to Oracle, Customer’s use of the Oracle software provided under Customer’s Agreement. The Customer is prohibited, to the extent permitted by applicable law, from assigning, giving or transferring the Oracle software to another individual or entity; if Customer grants a security interest in Oracle software, the secured party has no right to use or transfer the software. Customer shall not, directly or indirectly, violate any U.S. law, regulation or treaty, or any other international treaty or agreement, relating to the export or re-export of Oracle Software, the sense Application or associated technical data, to which the United States adheres or with which the United States complies. Customer acknowledges that the Uniform Computer Transactions Act is excluded. If source code is provided as part of the Oracle software, such source code shall be governed by the terms of Customer’s Agreement.