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Terms of use

Digital Assets Management – Terms of Use and Rights

1. Subject

1.1 The subject of the present Terms of Use is the use of the Digital Asset Management Database (also referred to hereinafter as the “DAM”).

1.2 The contents of the DAM are composed in particular of high-resolution pictures, video and marketing material. In particular this Media Database provides digital communication content, such as images, audio files, video clips, animations, banner ads, brochures, games and also templates, fonts, layouts and texts (referred to hereinafter as the “CONTENTS”).

1.3 The purpose of the DAM is to inform on the usage rights Siemens has acquired for each CONTENT but also to protect Siemens in case of an infringement claim by a third party. Therefore any usage of CONTENTS within the Digital Marketing Platform is registered by storing a link to the place where the assets is used. For instance a link to an image which is used for a web page will be stored in the meta data of the image.

1.4 The CONTENTS, the DAM and the underlying software are protected by copyright. The user holds a simple, non-exclusive right to use the DAM and the CONTENTS in accordance with the present Terms of Use. Use of the DAM that is not expressly permitted to the user in the present Terms of Use is prohibited

2. Access

2.1 Access-authorized users are only employees of Siemens AG and affiliates of Siemens AG within the meaning of Sections 15 et seq. AktG (referred to hereinafter as “Affiliates”), as well as third parties engaged by Siemens AG or by an Affiliate to provide defined services.

2.2 Siemens user can login via PKI (ID Card and Windows login). External users must register once for PKI in any Siemens system that provides PKI-Access and obtain a personal password to log in with Siemens-PKI. In addition social login is allowed for trusted partners. Disclosure of access data is not permitted.

2.3 Users undertake to observe the rights to the DAM and the CONTENTS.

2.4 The CONTENTS shall be released for downloading only upon request and after agreeing to the present Terms of Use and Rights.

3. Extent of the use right

3.1 The CONTENTS may be used only to the extent allowed pursuant to the legal documentation provided with each CONTENT and only for the approved purposes. Any restriction of usage must be observed.

3.2 For CONTENTS for which no documentation of usage right is provided, the user must refer to the content owner in order to obtain clearance. If no clearance is given, the usage of the CONTENT is prohibited.

3.3 The DAM serves to provide information about the CONTENTS for communication activities in the interest of Siemens and to make data available for production purposes.

4. Information on the processing of personal data
- For the purpose described in Sec. 1.3.above, any usage of CONTENTS that are checked out of the Digital Marketing Platform is registered by storing a timestamp and the Email address of the user who checked-out the CONTENTS,
- For instance a user may download an image for use in a brochure. His Email address and the timestamp of the download will be stored in the DAM as part of the meta data of the relevant image.

5. Miscellaneous

5.1 The present Terms of Use are subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods is excluded. The Terms and Conditions of Siemens Intercompany Deliveries and Services apply.

5.2 The courts of Munich, Germany shall have jurisdiction and venue for all disputes arising from or in connection with the present Terms of Use.

5.3 The access granted to the DAM may be revoked at any time, particularly in the event of misuse of access or the CONTENTS.

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