Siemens AX72 User Manual page 15

Read this Agreement carefully before using your
phone. By using your phone or installing, copying,
and/or using the Licensed Software, You acknowl-
edge that You have read and understood the Agree-
ment and agree to be bound by all of the terms and
conditions stated below. You further agree that if
Siemens or any licensor of Siemens ("Licensor") is
required to engage in any proceeding, legal or other-
wise, to enforce their rights under this Agreement,
Siemens and/or its Licensor shall be entitled to recov-
er from You, in addition to any other sums due, rea-
sonable attorney's fees, costs and disbursements. If
You do not agree to all of the terms and conditions of
this Agreement, do not install or use the Licensed
Software. This Agreement governs any Updates, re-
leases, revisions, or enhancements to the Licensed
Software.
1. LICENSED SOFTWARE. As used in this
Agreement, the term "Licensed Software" means col-
lectively: all the software in Your phone, all of the con-
tents of the disk(s), CD-ROM(s), electronic mail and
its file attachments, or other media with which this
Agreement is provided and includes any related
Siemens or third party software and upgrades, modi-
fied versions, updates, additions and copies of the Li-
censed Software, if any, distributed over the air,
downloaded from Siemens 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 Siemens, its Licensors
or affiliates and are protected by international treaty
provisions and all applicable national laws. This
Agreement does not convey to You nor allow You to
acquire any title or ownership interest in the Licensed
Software or rights therein. The structure, organiza-
tion, data and code of the Licensed Software are the
valuable trade secrets and confidential information of
Siemens, its Licensors or affiliates. You must repro-
duce and include the copyright notices with any per-
mitted copies You make of the Licensed Software.
3. LICENSE AND USE. Siemens grants to You a
non-exclusive, non-transferable end user right to in-
stall the Licensed Software or use the Licensed Soft-
ware installed on the phone. The Licensed Software
is licensed with the phone as a single integrated prod-
uct and may be used with the phone only as set forth
in these licensing terms.
4. LIMITATIONS ON LICENSE. You may not
copy, distribute, or make derivative works of the Li-
censed Software except as follows:
(a) You may make one copy of the Licensed Soft-
ware, excluding the documentation, as an archival
backup copy of the original. Any other copies You
make of the Licensed Software are in violation of this
Agreement.
(b) 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 Agree-
ment.
(c) You may not sublicense, rent or lease the Li-
censed Software.
(d) You may not reverse engineer, decompile,
modify, or disassemble those Licensed Software pro-
grams except and only to the extent that such activity
is ex-pressly permitted by applicable law notwith-
standing this limitation.
Parts of the Licensed Software may be supplied by
third parties and may be subject to separate license
terms. Such terms are set out within the
documentation.
5. MISUSE OF THE LICENSED SOFTWARE OR
DATA GENERATED BY THE LICENSED SOFT-
WARE IS STRICTLY PROHIBITED BY SIEMENS,
MAY VIOLATE GERMAN, U.S. AND OTHER LAWS
AND MAY SUBJECT YOU TO SUBSTANTIAL LIA-
BILITY. You are solely responsible for any misuse of
the Licensed Software under this Agreement and for
any liability or damage related in any way to your use
of the Licensed Software in violation of this Agree-
ment. You are also responsible for using the Li-
censed Software in accordance with the limitations of
this Agreement.
6. TERMINATION. This Agreement is effective
from the first date You install, copy or otherwise use
the Licensed Software. You may terminate this li-
cense at any time by deleting or destroying the Li-
censed Software, all back up copies and all related
materials provided to You by Siemens. Your license
rights terminate automati-cally and immediately with-
out notice if You fail to comply with any provision of
this Agreement. The rights and obligations under
sections 2, 5, 6, 7, 9, 12 and 13 of this Agreement
shall survive the termination of this Agreement.
7. YOU ACKNOWLEDGE THE LICENSED
SOFTWARE IS PROVIDED "AS IS" AND NEITHER
SIEMENS NOR ANY OF ITS LICENSORS MAKE
ANY REPRESENTATIONS OR WARRANTIES, EX-
PRESS OR IMPLIED, INCLUDING BUT NOT LIMIT-
ED TO THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTIC-
ULAR PURPOSE OR THAT THE LICENSED SOFT-
WARE WILL NOT INFRINGE ANY THIRD PARTY
PATENTS, COPYRIGHTS, TRADEMARKS OR
OTHER RIGHTS. THERE IS NO WARRANTY BY
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