End User Licence Agreement - SENDO S360 User Manual

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End User Licence Agreement

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END USER SOFTWARE LICENCE AGREEMENT
This Software Licence Agreement ("Agreement") is
between You and Sendo International Ltd and/or
one of its affiliates ("Licensor"). The Agreement
authorises 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
agreement 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 authorised
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 explanatory 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.
2. END USER RIGHTS AND USE.
Licensor grants to you a non-exclusive, non-
transferable end user right to install the Software or
use the Software installed on the phones. The
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.
3. LIMITATIONS ON END USER RIGHTS.
(a) You may not copy, distribute, or make derivative
works of the Software.
(b) You may not use, modify, translate, reproduce or
transfer the right to use the Software or copy the
Software except as expressly provided in this
Agreement.
(c) You may not resell, sublicence, rent, lease or lend
the Software; except you may permanently transfer
all of your rights as set forth in the Agreement only as
part of a permanent sale or transfer of the phone,
provided the recipient agrees to the terms of this
Agreement.
(d) You may not reverse engineer, reverse compile,
disassemble or otherwise attempt to discover the
source code of the Software (except to the extent that
this restriction is expressly prohibited by law) or
create derivative works based on the Software.
(e) You shall not display, modify, reproduce and
distribute any of the Stock Files included with the
Software.
(f) You agree that you shall only use the Software in
a manner that complies with all applicable laws in
the jurisdiction in which you use the Software,
including, but not limited to, applicable restrictions
concerning copyright and other intellectual property
rights.
4. COPYRIGHT.
Licensor and/or its software suppliers own the
Software and all rights, without limitation including
proprietary rights therein, and their respective
affiliates and are protected by international treaty
provisions and other applicable national laws of the
country in which it is being used. The structure,
organisation and code of the Software are 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, or 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
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