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of CT66 Cingular am, A31008-H7840-A65-1-4A19 (04.08.2004, 16:57)
140
End user license agreement
COVER, PUNITIVE, SPECIAL OR CON-
SEQUENTIAL DAMAGES, HOWEVER
CAUSED AND WHETHER ARISING UN-
DER CONTRACT, TORT, NEGLIGENCE,
OR OTHER THEORY OF LIABILITY
ARISING OUT OF THE USE OF OR IN-
ABILITY TO USE THE SOFTWARE,
EVEN IF LICENSOR OR ITS SOFTWARE
SUPPLIERS ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BE-
CAUSE SOME COUNTRIES/STATES/
JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIA-
BILITY, BUT MAY ALLOW LIABILITY
TO BE LIMITED, IN SUCH CASES, THE
LIABILITY OF LICENSOR, ITS SOFT-
WARE SUPPLIERS AND THEIR RESPEC-
TIVE AFFILIATES AND EMPLOYEES
SHALL BE LIMITED TO, AT LICEN-
SOR'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 RE-
TURNED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE LIMITED
WARRANTY.
Nothing contained in this Agree-
ment shall prejudice the statutory
rights of any party dealing as a con-
sumer. Nothing contained in this
Agreement limits Licensor's liability
to You in the event of death or per-
sonal injury resulting from Licensor's
negligence if law prohibits such a
limitation. Licensor is acting on be-
half of its software suppliers and
their respective employees and affili-
ates for the purpose of disclaiming,
excluding and/or restricting obliga-
tions, warranties and liability as pro-
vided 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
Licensor in the Limited Warranty pro-
vided with the phone.
11. Export control.
The Software may be subject to ex-
port regulations of the United States
and other countries. You agree that
You shall comply with all applicable
export laws, restrictions and regula-
tions of the United States or foreign
agencies or authorities, and shall not
export, or transfer for the purpose of
re-export, any Software, product or
technical data received under this
Agreement or any Software or prod-
uct produced by use of such techni-
cal data, including processes and
services, in violation of any applica-
ble restrictions, laws or regulations,
or without all necessary approvals.
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