Siemens A65 User Manual page 49

48 End user license agreement
version in order to use the Update
and You may use the previous ver-
sion 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, ex-
cept 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 Soft-
ware. Your end user rights automati-
cally 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 ex-
pense, and without entitlement to
any refund of the purchase price, the
phone and the Software, and all re-
lated 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 MAXI-
MUM EXTENT PERMITTED BY APPLI-
CABLE 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 MERCHANT-
ABILITY OR FITNESS FOR A PARTICU-
LAR PURPOSE OR THAT THE
SOFTWARE WILL NOT INFRINGE ANY
THIRD PARTY PATENTS, COPY-
RIGHTS, 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 OPER-
ATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE.
8. NOT FAULT TOLERANT. THE SOFT-
WARE MAY CONTAIN TECHNOLOY
THAT IS NOT FAULT TOLERANT AND
IS NOT DESIGNED, MANUFACTURED,
OR INTENDED FOR USE IN ENVIRON-
MENTS OR APPLICATIONS IN WHICH
THE FAILURE OF THE LICENSED
SOFTWARE COULD LEAD DIRECLTY
TO DEATH, PERSONAL INJURY, OR
SEVERE PHYSICAL OR ENVIRONMEN-
TAL DAMAGE OR FINANCIAL LOSS.
9. Limitation of liability.
TO THE MAXIMUM EXTENT PERMIT-
TED BY APPLICABLE LAW, IN NO
EVENT SHALL LICENSOR OR LICEN-
SOR'S SOFTWARE SUPPLIERS OR
THEIR RESPECITVE AFFILIATES AND
EMPLOYEES BE LIABLE FOR ANY
LOST PROFITS, REVENUE, SALES,
DATA OR COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVIC-
ES, PROPERTY DAMAGE, PERSONAL
INJURY, INTERRUPTION OF BUSI-
NESS, LOSS OF BUSINESS INFORMA-
TION OR FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, ECONOMIC,