End user license agreement, Software

left page (85) of CF62 Leopard TMO SUG us, A31008-H6050-A40-1-4A19 (02.06.2004, 16:09)

End user license agreement

VAR Language: en;

This Software License Agreement ("Agreement") is between You and Siemens Information and Communi- cation Mobile, LLC and/or one of its affiliates ("Licensor"). The Agree- ment authorizes You to use the Soft- ware specified in Clause 1 below, which may be included on Your phone, stored on a CD-ROM, sent to You by electronic mail, downloaded from Licensor's Web pages or servers or from other sources under the terms and conditions set forth be- low. This is an agreement on end user rights and not an agreement for sale. Licensor continues to own the copy of the Software and any other copy that You are authorized to make pursuant to this Agreement. Read this Agreement carefully be- fore installing, downloading or using the Software. Further, by installing, downloading and/or using the Soft- ware, You agree to the terms and conditions of this Agreement.

1. Software.

As used in this Agreement, the term "Software" means, collectively: (i) all the software in Your phone, all of the contents of the disk(s), CD- ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided;

(ii)related Licensor or third party software; (iii) digital images, stock photographs, clip art or other artistic

works ("Stock Files") (iv) related ex- planatory written materials ("Documentation"); (v) fonts (vi) up- grades, modified versions, updates, additions and copies of the Soft- ware, if any, licensed to You by Li- censor (collectively "Updates") and

(vii)any other possible documenta- tion related thereto.

2. End user rights and use.

Licensor grants to You a non-exclu- sive, non-transferable end user right to install the Software or use the Software installed on the phone. The Software is licensed with the phone as a single integrated product and may be used with the phone only as set forth in these licensing terms.

3. Limitations on end user rights.

(a)You may not copy, distribute, or make derivative works of the Soft- ware.

(b)You may not use, modify, trans- late, reproduce or transfer the right to use the Software or copy the Soft- ware except as expressly provided in this Agreement.

(c)You may not resell, sublicense, rent, lease or lend the Software; ex- cept You may permanently transfer all of Your rights as set forth in the Agreement only as part of a perma- nent sale or transfer of the phone, provided the recipient agrees to the terms of this Agreement.

VAR issue date: 040413