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Intellectual Property

Intellectual Property Restrictions

All Intellectual Property, as defined below, which is owned by or otherwise the property of Siemens Information and Communications Mo- bile, LLC (“Siemens”), its affiliates, partners or suppliers, relating to the Phone, including but not limited to accessories, parts or software relating thereto (the “Phone System”), is proprietary under federal laws, state laws and International treaty provi- sions. Intellectual Property includes, but is not limited to, inventions (pat- entable or unpatentable), patents, trade secrets, copyrights, software, computer programs, and related documentation and other works of authorship. You may not infringe or otherwise violate the rights secured by the Intellectual Property. More- over, you agree that you will not (and will not attempt to) disassem- ble, decompile, reverse engineer, prepare derivative works from, modify or make any other effort to create source code from the software. No title to ownership in the Intellectual Property is transferred to you through purchase or possession of the Phone or its components. All applicable rights of the Intellectual Property shall remain with Siemens, its affiliates, partners or suppliers.

Siemens will have no liability with respect to any claim of patent infringement which is based upon the combination of the Product or parts furnished hereunder with software,

apparatus or devices not furnished by Siemens, nor will Siemens have any liability for the use of ancillary equipment or software not furnished by Siemens which is attached to or used in connection with the Product, The foregoing states the entire liability of Siemens with respect to infringement of patents by the Product or any parts thereof.

Laws in the United States and other countries preserve for Siemens certain exclusive rights for copyrighted Siemens software, such as the exclusive rights to reproduce and distribute copies of such Siemens software. Siemens software may be used only in the Product in which the software was originally embodied when pur- chased, and such software in such Product may not be replaced, cop- ied, distributed. modified in any way, or used to produce any derivative thereof. No other use including, without limitation, alteration, modi- fication, reproduction, distribution. or reverse engineering of such Siemens software or exercise of rights in such Siemens software is permit- ted. No license is granted by implica- tion, estoppel or otherwise under Siemens patent rights or copyrights.