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32
License Agreement
License Agreement
This License Agreement ("Agreement") is be-
tween You and BenQ Mobile GmbH & Co.
OHG ("BenQ"). The Agreement authorizes
You to use the Licensed Software, specified in
Clause 1 below, which may be included in your
phone, stored on a CD-ROM, sent to You by
electronic mail or over the air, downloaded
from BenQ Web pages or servers or from other
sources under the terms and conditions set
forth below.
Read this Agreement carefully before using
your phone. By using your phone or installing,
copying, and/or using the Licensed Software,
You acknowledge that You have read and un-
derstood the Agreement and agree to be bound
by all of the terms and conditions stated below.
You further agree that if BenQ or any licensor
of BenQ ("Licensor") is required to engage in
any proceeding, legal or otherwise, to enforce
their rights under this Agreement, BenQ
and/or its Licensor shall be entitled to recover
from You, in addition to any other sums due,
reasonable attorney's fees, costs and disburse-
ments. If You do not agree to all of the terms
and conditions of this Agreement, do not in-
stall or use the Licensed Software. This Agree-
ment governs any Updates, releases, revisions,
or enhancements to the Licensed Software.
1.
LICENSED SOFTWARE. As used in this
Agreement, the term "Licensed Software"
means collectively: all the software in Your
phone, all of the contents of the disk(s), CD-
ROM(s), electronic mail and its file attach-
ments, or other media with which this Agree-
ment is provided and includes any related
BenQ or third party software and upgrades,
modified versions, updates, additions and
copies of the Licensed Software, if any, distrib-
uted over the air, downloaded from BenQ Web
pages or servers or from other sources.
2.
COPYRIGHT. The Licensed Software and
all related rights, without limitation including
proprietary rights therein, are owned by BenQ,
its Licensors or affiliates and are protected by
international treaty provisions and all applica-
ble national laws. This Agreement does not
convey to You nor allow You to acquire any ti-
tle or ownership interest in the Licensed Soft-
ware or rights therein. The structure,
organization, data and code of the Licensed
Software are the valuable trade secrets and
confidential information of BenQ, its Licen-
sors or affiliates. You must reproduce and in-
clude the copyright notices with any permitted
copies You make of the Licensed Software.
3.
LICENSE AND USE. BenQ grants to You
a non-exclusive, non-transferable end user
right to install the Licensed Software or use the
Licensed Software installed on the phone. The
Licensed Software is licensed with the phone
as a single integrated product and may be used
with the phone only as set forth in these licens-
ing terms.
4.
LIMITATIONS ON LICENSE. You may
not copy, distribute, or make derivative works
of the Licensed Software except as follows:
• You may make one copy of the Licensed
Software, excluding the documentation,
as an archival backup copy of the original.
Any other copies You make of the Li-
censed Software are in violation of this
Agreement.
• You may not use, modify, or transfer the
right to use the Licensed Software other
than together with the accompanying
hardware or copy the Licensed Software
except as expressly provided in this
Agreement.
• You may not sublicense, rent or lease the
Licensed Software.
• You may not reverse engineer, decom-
pile, modify, or disassemble those Li-
censed Software programs except and
only to the extent that such activity is ex-
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