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License Agreement
This License Agreement ("Agreement") is
between You and BenQ Mobile GmbH & Co.
OHG, Germany ("BenQ"). The Agreement
authorizes You to use the Licensed Soft-
ware, 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 un-
der the terms and conditions set forth below.
Read this Agreement carefully before using
your phone. By using your phone or install-
ing, copying, and/or using the Licensed Soft-
ware, You acknowledge that You have read
and understood 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 re-
quired 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 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, releases, revisions, or en-
hancements to the Licensed Software.
1.
LICENSED SOFTWARE. As used in
this Agreement, the term "Licensed Soft-
ware" means collectively: all the software in
Your phone, all of the contents of the disk(s),
CD-ROM(s), electronic mail and its file at-
tachments, or other media with which this
Agreement is provided and includes any re-
lated BenQ or third party software and up-
grades, modified versions, updates,
additions and copies of the Licensed Soft-
ware, if any, distributed over the air, down-
loaded from BenQ Web pages or servers or
from other sources.
License Agreement
2.
COPYRIGHT. The Licensed Software
and all related rights, without limitation in-
cluding proprietary rights therein, are owned
by BenQ, its Licensors or affiliates and are
protected by international treaty provisions
and all applicable national laws. This Agree-
ment does not convey to You nor allow You
to acquire any title or ownership interest in
the Licensed Software or rights therein. The
structure, organization, data and code of the
Licensed Software are the valuable trade se-
crets and confidential information of BenQ,
its Licensors or affiliates. You must repro-
duce and include the copyright notices with
any permitted copies You make of the Li-
censed 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 licensing terms.
4.
LIMITATIONS ON LICENSE. You may
not copy, distribute, or make derivative
works of the Licensed Software except as
follows:
(a) You may make one copy of the Li-
censed Software, excluding the documenta-
tion, 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 hard-
ware or copy the Licensed Software except
as expressly provided in this Agreement.
39
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