left page (38) of AX72
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| License Agreement |
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• The duration of the Guarantee shall not be ex- | 1. LICENSED SOFTWARE. As used in this | ||||
en; | |||||
| tended by services rendered under the terms of | Agreement, the term "Licensed Software" means | |||
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| the Guarantee. | collectively: all the software in Your phone, all of | |||
• Insofar as no Guarantee default exists, | the contents of the disk(s), | ||||
issue | |||||
| Siemens reserves the right to charge the cus- | mail and its file attachments, or other media with | |||
| tomer for replacement or repair. | which this Agreement is provided and includes any | |||
date: | • The above provisions does not imply a change | related Siemens or third party software and up- | |||
grades, modified versions, updates, additions and | |||||
| in the burden of proof to the detriment of the | ||||
050613 |
| customer. | copies of the Licensed Software, if any, distributed | ||
| over the air, downloaded from Siemens Web pages | ||||
To invoke this Guarantee, please contact our on- | |||||
or servers or from other sources. | |||||
line support on the Internet | 2. COPYRIGHT. The Licensed Software and all | ||||
| (www.siemens.com/ | related rights, without limitation including proprie- | |||
| mobilephonescustomercare) or the Siemens tel- | ||||
| tary rights therein, are owned by Siemens, its Li- | ||||
| ephone service. The relevant number is to be | ||||
| censors or affiliates and are protected by | ||||
| found in the accompanying user guide. | ||||
| international treaty provisions and all applicable | ||||
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| national laws. This Agreement does not convey to | |
| License Agreement | You nor allow You to acquire any title or ownership | |||
| interest in the Licensed Software or rights therein. | ||||
| The structure, organization, data and code of the | ||||
| This License Agreement ("Agreement") is between | Licensed Software are the valuable trade secrets | |||
| You and Siemens Aktiengesellschaft, Germany | and confidential information of Siemens, its Licen- | |||
| (“Siemens”). The Agreement authorizes You to use | sors or affiliates. You must reproduce and include | |||
| the Licensed Software, specified in Clause 1 be- | the copyright notices with any permitted copies | |||
| low, which may be included in your phone, stored | You make of the Licensed Software. | |||
| on a | 3. LICENSE AND USE. Siemens grants to You | |||
| over the air, downloaded from Siemens Web pages | a | |||
| or servers or from other sources under the terms | install the Licensed Software or use the Licensed | |||
| and conditions set forth below. | Software installed on the phone. The Licensed | |||
| Read this Agreement carefully before using your | Software is licensed with the phone as a single in- | |||
| phone. By using your phone or installing, copying, | tegrated product and may be used with the phone | |||
| and/or using the Licensed Software, You acknowl- | only as set forth in these licensing terms. | |||
| edge that You have read and understood the | 4. LIMITATIONS ON LICENSE. You may not | |||
| Agreement and agree to be bound by all of the | copy, distribute, or make derivative works of the Li- | |||
| terms and conditions stated below. You further | censed Software except as follows: | |||
| agree that if Siemens or any licensor of Siemens | (a) You may make one copy of the Licensed | |||
| ("Licensor") is required to engage in any proceed- | Software, excluding the documentation, as an ar- | |||
| ing, legal or otherwise, to enforce their rights under | chival backup copy of the original. Any other copies | |||
| this Agreement, Siemens and/or its Licensor shall | You make of the Licensed Software are in violation | |||
| be entitled to recover from You, in addition to any | of this Agreement. | |||
| other sums due, reasonable attorney's fees, costs |
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and disbursements. If You do not agree to all of the | (b) You may not use, modify, or transfer the right | |
to use the Licensed Software other than together | ||
terms and conditions of this Agreement, do not in- | ||
with the accompanying hardware or copy the Li- | ||
stall or use the Licensed Software. This Agreement | ||
censed Software except as expressly provided in | ||
governs any Updates, releases, revisions, or en- | ||
this Agreement. | ||
hancements to the Licensed Software. | ||
(c) You may not sublicense, rent or lease the Li- | ||
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| censed Software. |
© Siemens AG 2003,