left page (38) of AX72 Pegasus-DTC, FUG, en, A31008-H2860-A1-1-7619 (06.10.2005, 08:36)

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38

 

License Agreement

 

• 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), CD-ROM(s), electronic

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

 

 

 

 

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 CD-ROM, sent to You by electronic mail or

3. LICENSE AND USE. Siemens grants to You

 

over the air, downloaded from Siemens Web pages

a non-exclusive, non-transferable end user right to

 

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

 

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-

 

 

censed Software.

© Siemens AG 2003, C:\Daten_itl\Siemens\DTP-Satz\Produkte\AX72_Pegasus_DTC\out-

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Siemens AX72 manual License Agreement, Mobilephonescustomercare or the Siemens tel