128 Licence Agreement

Licence Agreement

This License Agreement ("Agreement") is between You and Siemens Aktiengesells- chaft, Germany (“Siemens”). The Agreement authorizes You to use the Licensed Software, specified in Clause 1 below, which may be included in your phone, stored on a CD-ROM, sent to You by electronic mail or over the air, downloaded from Siemens Web pages or servers or from other sources under the terms and conditions set forth below.

Read this Agreement carefully before using your phone. By using your phone or install- ing, copying, and/or using the Licensed Soft- ware, You acknowledge that You have read and understood the Agreement and agree to be bound by all of the terms and conditions stated below. You further agree that if Siemens or any licensor of Siemens ("Licen- sor") is required to engage in any proceed- ing, legal or otherwise, to enforce their rights under this Agreement, Siemens and/or its Licensor shall be entitled to recover from You, in addition to any other sums due, reasonable attorney's fees, costs and disburse- ments. If You do not agree to all of the terms and conditions of this Agreement, do not install or use the Licensed Software. This Agreement governs any Updates, releases, revisions, or enhancements to the Licensed Software.

1.LICENSED SOFTWARE. As used in this Agreement, the term "Licensed Soft- ware" means collectively: all the software in Your phone, all of the contents of the disk(s), CD-ROM(s), electronic mail and its file at- tachments, or other media with which this Agreement is provided and includes any re- lated Siemens or third party software and upgrades, modified versions, updates, addi- tions and copies of the Licensed Software, if any, distributed over the air, downloaded from Siemens Web pages or servers or from other sources.

2.COPYRIGHT. The Licensed Software and all related rights, without limitation in- cluding proprietary rights therein, are owned by Siemens, its Licensors or affiliates and are protected by international treaty provi- sions 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 integrated product and may be used with the phone only as set forth in these licensing terms.