License Agreement

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censors or affiliates and are protected by international treaty provisions and all applicable national laws. This Agreement does not convey to 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 Licensed Software are the valuable trade secrets and confidential information of Siemens, its Licensors or affiliates. You must reproduce and include the copyright notices with any permitted copies You make of the Licensed Software.

3.LICENSE AND USE. Siemens grants to You a non-exclusive, non-transferable end user right to install the Licensed Software or use the Licensed Software installed on the phone. The Licensed Software is licensed with the phone as a single in- tegrated product and may be used with the phone only as set forth in these licensing terms.

4.LIMITATIONS ON LICENSE. You may not copy, distribute, or make derivative works of the Li- censed Software except as follows:

(a)You may make one copy of the Licensed Software, excluding the documentation, as an ar- chival backup copy of the original. Any other copies You make of the Licensed Software are in violation of this Agreement.

(b)You may not use, modify, or transfer the right to use the Licensed Software other than together with the accompanying hardware or copy the Li- censed Soft-ware except as expressly provided in this Agreement.

(c)You may not sublicense, rent or lease the Li- censed Software.

(d)You may not reverse engineer, decompile, modify, or disassemble those Licensed Software programs except and only to the extent that such activity is ex-pressly permitted by applicable law notwithstanding this limitation.

Parts of the Licensed Software may be supplied by third parties and may be subject to separate license terms. Such terms are set out within the documentation.

5.MISUSE OF THE LICENSED SOFTWARE OR DATA GENERATED BY THE LICENSED SOFTWARE IS STRICTLY PROHIBITED BY SIE- MENS, MAY VIOLATE GERMAN, U.S. AND OTH- ER LAWS AND MAY SUBJECT YOU TO

SUBSTANTIAL LIABILITY. You are solely responsible for any misuse of the Licensed Software under this Agreement and for any liability or damage related in any way to your use of the Licensed Software in violation of this Agreement. You are also responsible for using the Licensed Software in accordance with the limitations of this Agreement.

6.TERMINATION. This Agreement is effective from the first date You install, copy or otherwise use the Licensed Software. You may terminate this license at any time by deleting or destroying the Li- censed Software, all back up copies and all related materials provided to You by Siemens. Your li- cense rights terminate automati-cally and immedi- ately without notice if You fail to comply with any provision of this Agreement. The rights and obliga- tions under sections 2, 5, 6, 7, 9, 12 and 13 of this Agreement shall survive the termination of this Agreement.

7.YOU ACKNOWLEDGE THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND NEI- THER SIEMENS NOR ANY OF ITS LICENSORS MAKE ANY REPRESENTATIONS OR WARRAN- TIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MER- CHANTABILITY OR FITNESS FOR A PARTICU- LAR PURPOSE OR THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADE- MARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY SIEMENS OR ITS LICENSORS OR BY ANY OTHER PARTY THAT THE FUNC- TIONS CONTAINED IN THE LICENSED SOFT- WARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ER- ROR-FREE AND SIEMENS AND ITS LICEN- SORS HEREBY DISCLAIM ANY AND ALL LIABILITY ON ACCOUNT THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIV- EN BY A SIEMENS REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY AF- FECT THIS DISCLAIMER. YOU ASSUME ALL RESPONSIBILITY TO ACHIEVE YOUR INTEND- ED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.

8.NO OTHER OBLIGATIONS. This Agreement creates no obligations on the part of Siemens other than as specifically set forth herein.