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4. Copyright.
Licensor and/or its software suppliers and their respective affiliates own the Software and all rights, including without limitation including proprietary rights therein, are protected by inter- national treaty provisions and other applicable national laws of the country in which it is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information.
5. Multiple copies/updates.
If the Software supports multiple platforms or languages, if You receive the Software on multiple media, of if You otherwise receive multiple copies of the Software, the number of phones on which all versions of the Software are installed shall be one phone. If the Software is an Update to a previous version of the Software, You must possess a valid end user right to such previous version in order to use the Update and You may use the previous version for ninety (90) days after You receive the Update in order to assist You in the transition to the Update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update.
6. Commencement & termination.
This Agreement is effective from the first date You use or install the Software. Your end user rights automatically and immediately terminate without notice from Licensor if You fail to comply with any provision of this Agreement. In such event, You must immediately delete, destroy or return at Your own cost and expense, and without entitlement to any refund of the purchase price, the phone and the Software, and all related material to Licensor.
7.EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY FOR THE PHONE, YOU ACKNOWLEDGE THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER LICENSOR, LICENSOR’S SOFTWARE SUPPLIERS OR THEIR RESPECTIVE AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WAR- RANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGEANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY LICENSOR OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
8.NOT FAULT TOLERANT. THE SOFTWARE MAY CONTAIN TECHNOLOY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE LICENSED SOFT WARE COULD LEAD DIRECLTY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE OR FINANCIAL LOSS.
