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of CX75 FUG am, A31008-H7420-A40-1-4A19 (09.05.2005, 11:16)
valid end user right to such previous
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 Soft-
ware is provided "as is" without war-
ranty 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 copy-
right holders make any representa-
tions or warranties, express or im-
plied, including but not limited to
the warranties of merchantability or
fitness for a particular purpose or
End user license agreement
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 con-
tained in the Software will meet your
requirements or that the operation
of the Software will be uninterrupt-
ed or error free.
8. Not fault tolerant.
The Software may contain technoloy
that is not fault tolerant and is not
designed, manufactured, or intend-
ed for use in environments or appli-
cations in which the failure of the li-
censed Software could lead direclty
to death, personal injury, or severe
physical or environmental damage
or financial loss.
9. Limitation of liability.
To the maximum extent permitted
by applicable law, in no event shall
Licensor or Licensor's Software sup-
pliers or their respecitve affiliates
and employees be liable for any lost
profits, revenue, sales, data or costs
of procurement of substitute goods
or services, property damage, per-
sonal injury, interruption of busi-
ness, loss of business information or
for any special, direct, indirect, inci-
dental, economic, cover, punitive,
special or consequential damages,
however caused and whether arising
under contract, tort, negligence, or
other theory of liability arising out of
the use of or inability to use the Soft-
ware, even if Licensor or its Software
157

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