126 Licence Agreement

Licence Agreement

This Licence Agreement ("Agreement") is between You and Siemens Aktiengesells- chaft ("Siemens"). The Agreement authorizes You to use the Licenced 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 Licenced 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 ("Licensor ") 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 Licenced Software. This Agreement governs any Updates, releases, revisions, or enhancements to the Licenced Software.

1.LICENCED SOFTWARE. As used in this Agreement, the term "Licenced Software" means collectively: all the software in Your phone, all of the contents of the disk(s), CD- ROM(s), electronic mail and its file attach- ments, or other media with which this Agree- ment is provided and includes any related Siemens or third party software and up- grades, modified versions, updates, addi- tions and copies of the Licenced Software, if any, distributed over the air, downloaded

from Siemens Web pages or servers or from other sources.

2.COPYRIGHT. The Licenced 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 Licenced Software or rights therein. The structure, organization, data and code of the Licenced 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 Licenced Software.

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

4.LIMITATIONS ON LICENCE. You may not copy, distribute, or make derivative works of the Licenced Software except as follows:

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

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