End User Licence Agreement EULA, for the software

End User Licence Agreement (EULA), for the software

CONTEXT AND ACCEPTATION OF THE AGREEMENT

You have acquired a Mobile Phone device ("DEVICE"), manufactured by SAGEM SA (SAGEM), that includes software either developed by SAGEM itself or licensed third party Software suppliers ("SOFTWARE COMPANIES") to SAGEM with the rights to sub-license it to the purchaser of the device. Those installed software products whatever their company of origin, and wherever the name of the company of origin is indicated of not in the DEVICE documentation, as well as associated media, printed materials, and "online" or electronic documentation ("SOFTWARE") are protected by international intellectual property laws and treaties. The SOFTWARE is licensed, not sold. All rights reserved.

IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA"), DO NOT USE THE DEVICE OR COPY THE SOFTWARE. INSTEAD, PROMPTLY CONTACT SAGEM FOR INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S) FOR A REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).

SOFTWARE includes software already installed on the DEVICE ("DEVICE Software") and Software contained on the CD-ROM disk ("Companion CD"), if any is supplied with the product.

GRANT OF SOFTWARE LICENCE

This EULA grants you the following licence:

DEVICE Software. You may use the DEVICE Software as installed on the DEVICE. All or certain portions of the DEVICE Software may be inoperable if you do not have and maintain a service account with an appropriate Mobile Operator, or if the Mobile Operator's network facilities are not operating or configured to operate with the DEVICE software.

COMPANION CD. If any is supplied, additional software for your personal computer is included with your DEVICE. You may install and use the software component(s) contained in the Companion CD only in accordance with the terms of the printed or online end user license agreement(s) provided with such component(s). In the absence of an end user license agreement for particular component(s) of the Companion CD, you may install and use only one (1) copy of such component(s) on the DEVICE or a single computer with which you use the DEVICE.

Security Updates. The SOFTWARE may include digital rights management technology. If SOFTWARE does contain digital rights management technology, content providers are using the digital rights management technology ("DRM") contained in the SOFTWARE to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Owners of such Secure Content ("Secure Content Owners") may, from time to time, request manufacturers or SOFTWARE SUPPLIERS to provide security related updates to the DRM components of the SOFTWARE ("Security Updates") that may affect your ability to copy, display and/or play Secure Content through the SOFTWARE or third party applications that utilise the DRM. You therefore agree that, if you elect to download a licence from the Internet which enables your use of Secure Content, Suppliers may, in conjunction with such licence, also download onto your DEVICE such Security Updates that a Secure Content Owner has requested that SOFTWARE SUPPLIERS distribute. SAGEM and SOFTWARE SUPPLIERS will not retrieve any personally identifiable information, or any other information, from your DEVICE by downloading such Security Updates.