End User License Agreement - Siemens AX72 User Manual

left page (50)
of AX72 Pegasus-DTC, FUG, us-en, A31008-H2860-A1-1-7619 (04.10.2005, 16:00)
50

End user license agreement

End user license agreement
This Software License Agreement
("Agreement") is between You and
Siemens Information and Communication
Mobile, LLC and/or one of its affiliates
("Licensor"). The Agreement authorizes
You to use the Software specified in
Clause 1 below, which may be included
on Your phone, stored on a CD-ROM, sent
to You by electronic mail, downloaded
from Licensor's Web pages or servers or
from other sources under the terms and
conditions set forth below. This is an
agreement on end user rights and not an
agreement for sale. Licensor continues to
own the copy of the Software and any
other copy that You are authorized to
make pursuant to this Agreement. Read
this Agreement carefully before installing,
downloading or using the Software. Fur-
ther, by installing, downloading and/or
using the Software, You agree to the
terms and conditions of this Agreement.
1. Software.
As used in this Agreement, the term "Soft-
ware" means, collectively: (i) all the soft-
ware in Your phone, all of the contents of
the disk(s), CD-ROM(s), electronic mail
and its file attachments, or other media
with which this Agreement is provided;
(ii) related Licensor or third party soft-
ware; (iii) digital images, stock photo-
graphs, clip art or other artistic works
("Stock Files") (iv) related explanatory
written materials ("Documentation");
(v) fonts (vi) upgrades, modified versions,
updates, additions and copies of the Soft-
ware, if any, licensed to You by Licensor
(collectively "Updates") and (vii) any other
possible documentation related thereto.
2. End user rights and use.
Licensor grants to You a non-exclusive,
non-transferable end user right to install
the Software or use the Software installed
on the phone. The 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.
3. Limitations on end user rights.
(a) You may not copy, distribute, or make
derivative works of the Software.
(b) You may not use, modify, translate, re-
produce or transfer the right to use the
Software or copy the Software except as
expressly provided in this Agreement.
(c) You may not resell, sublicense, rent,
lease or lend the Software; except You
may permanently transfer all of Your
rights as set forth in the Agreement only
as part of a permanent sale or transfer of
the phone, provided the recipient agrees
to the terms of this Agreement.
(d) You may not reverse engineer, reverse
compile, disassemble or otherwise at-
tempt to discover the source code of the
Software (except to the extent that this
restriction is expressly prohibited by law)
or create derivative works based on the
Software.
(e) You shall not display, modify,
reproduce or distribute any of the Stock
Files included with the Software.
(f) You shall not display, modify, repro-
duce or distribute any of the pre-loaded
content included with the software un-
less permitted as stated in the User Guide
or in the prompts in the Software. In the
event that You are allowed to display,
modify, reproduce or distribute certain
parts of the pre-loaded content, You shall
review the "Readme" files associated with
the pre-loaded content (contained on the
CD) to ascertain what rights You have
with respect to such materials. Pre-loaded
content may not be used in the produc-
tion of libelous, defamatory, fraudulent,
infringing, lewd, obscene or pornograph-
ic material or in any otherwise illegal
manner. You agree that You shall only use
the pre-loaded content in a manner that
complies with all applicable laws, includ-
ing, but not limited to, applicable restric-
tions concerning copyright and other in-
tellectual property rights. You may not