Siemens E71 User Manual page 134

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134
End user license agreement
and whether arising under contract,
tort, negligence, or other theory of lia-
bility arising out of the use of or inability
to use the Software, even if Licensor or
its Software suppliers are advised of the
possibility of such damages. Because
some countries/states/jurisdictions do
not allow the exclusion or limitation of
liability, but may allow liability to be
limited, in such cases, the liability of Li-
censor, its Software suppliers and their
respective affiliates and employees shall
be limited to, at Licensor's option, either
(a) return of the price paid less a reason-
able amount for usage, or (b) repair or
replacment of the Software that does not
meet the limited warranty provided
with the phone and which is returned in
accordance with the requirements of the
limited warranty.
Nothing contained in this Agreement
shall prejudice the statutory rights of
any party dealing as a consumer. Noth-
ing contained in this Agreement limits
Licensor's liability to You in the event of
death or personal injury resulting from
Licensor's negligence if law prohibits
such a limitation. Licensor is acting on
behalf of its software suppliers and their
respective employees and affiliates for
the purpose of disclaiming, excluding
and/or restricting obligations, warran-
ties and liability as provided in this
clause 9, but in no other respects and for
no other purpose.
10. Technical support.
Licensor has no obligation to furnish
You with technical support except as
agreed in writing between You and Li-
censor in the Limited Warranty provid-
ed with the phone.
11. Export control.
The Software may be subject to export
regulations of the United States and oth-
er countries. You agree that You shall
comply with all applicable export laws,
restrictions and regulations of the Unit-
ed States or foreign agencies or authori-
ties, and shall not export, or transfer for
the purpose of re-export, any Software,
product or technical data received un-
der this Agreement or any Software or
product produced by use of such techni-
cal data, including processes and servic-
es, in violation of any applicable restric-
tions, laws or regulations, or without all
necessary approvals.
12. Applicable law & general provisions.
This Agreement shall be governed by
and construed in accordance with the
laws of the State of California without
regard to its conflicts of laws rules. This
is the entire agreement between Licen-
sor and You relating to the Software and
it supersedes any prior representations,
discussions, undertakings, end user
agreements, communications or adver-
tising relating to the Software.

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