Siemens SX66 Governing law, End user license agreement

SX66 User Manual32

SX66 User Manual 33

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 afliates (“Licensor”). The Agreement authorizes

You to use the Software specied 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.

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 le 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, modied 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.