Siemens SX66 manual Governing law, End user license agreement, Software

32SX66 User Manual

ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF SIEMENS, SELLER AND ANY OF THEIR SUPPLIERS UNDER ANY PROVISION OF THIS LIMITRED WARRANTY AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY SIEMENS OR SELLER WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Governing law

This warranty will be governed by the laws of California, and excluding the United Nations Convention on Contracts for the International Sale of Goods. The courts of California shall have exclusive personal jurisdiction in case of any disputes arising out of or in connection

with this warranty.

End user license agreement

This Software License Agreement (“Agreement”) is between You and Siemens Information and Communication Mobile, LLC and/or one of its affiliates (“Licensor”). The Agreement authorizes You to use the Software specified in Clause 1 below, which may be included on Your phone, stored on a CD-ROM, sent to You by electronic mail, downloaded from Licensor’s Web pages or servers or from other sources under the terms and conditions set forth below. This is an agree- ment on end user rights and not an agreement for sale. Licensor continues to own the copy of the Software and any other copy that You are authorized to make pursuant to this Agreement. Read this Agreement carefully before installing, downloading or using the Software. Further, by installing, downloading and/or using the Software, You agree to the terms and conditions of this Agreement.

1. Software

As used in this Agreement, the term “Software” means, collectively: (i) all the software in Your phone, all of the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided; (ii) related Licensor or third party software;

(iii)digital images, stock photographs, clip art or other artistic works (“Stock Files”) (iv) related ex- planatory written materials (“Documentation”); (v) fonts (vi) upgrades, modified versions, updates, additions and copies of the Software, if any, licensed to You by Licensor (collectively “Updates”) and (vii) any other possible documentation related thereto.