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complies with all applicable laws, including, but not
limited to, applicable restrictions concerning
copyright and other intellectual property rights. You
may not register or claim any rights in the pre-
loaded content or derivative works thereof.
(g) 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,
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 WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR THAT
THE SOFTWARE WILL NOT INFRINGE ANY 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
SOFTWARE COULD LEAD DIRECLTY TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE OR FINANCIAL
LOSS.
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