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of S66 Cingular am, A31008-H7410-A40-1-4A19 (06.10.2004, 19:22)
LIMITATION OF WARRANTY/LIABILITY
THIS WARRANTY IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES,
INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND IS LIMITED TO THE DURATION OF THE
LIABILITY FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES IS SPECIFICALLY DISCLAIMED, EXCEPT TO THE EXTENT
PROHIBITED BY APPLICABLE LAW.
REPAIR OR REPLACEMENT, AS PROVIDED UNDER THE WARRANTY, IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR BREACH OF THE LIMITED WARRANTY. ALL OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT
AND/OR ITS FITNESS FOR A PARTICULAR USE ARE SPECIFICALLY DISCLAIMED, TO THE
EXTENT PERMITTED BY APPLICABLE LAW. SELLER'S LIABILITY HEREUNDER IS LIMITED
TO THE DURATION OF THIS WARRANTY.
Some STATES or PROVINCES do not allow limitations on how long an implied warranty lasts or the exclusion or
limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. This
limited warranty gives you specific legal rights, and you may also have other rights which vary from STATE to
STATE or from PROVINCE to PROVINCE.
In no event shall Seller's liability exceed the cost of repairing or replacing defective Products as provided herein,
and any such liabilities will terminate upon expiration of the warranty period.
INTELLECTUAL PROPERTY RESTRICTIONS
All Intellectual Property, as defined below, which is owned by or to which Siemens Information and Communication
Mobile LLC ("Siemens"), its affiliates, partners or suppliers, otherwise have rights, relating to the Phone, including
but not limited to accessories, parts or software relating thereto (the "Phone System"), is proprietary under federal
laws, state laws, provincial laws and international treaty provisions. Intellectual Property includes, but is not limited
to, inventions (patentable or unpatentable), patents, trade secrets, copyrights, software, computer programs, and
related documentation and other works of authorship. You may not infringe or otherwise violate Siemens' rights
with respect to the Intellectual Property. Moreover, you agree that you will not (and will not attempt to-)
disassemble, decompile, reverse engineer, prepare derivative works from, modify or make any other effort to
create source code from the software. No title to ownership in the Intellectual Property is transferred to you
through purchase or possession of the Phone System or its components. All applicable rights related to the
Intellectual Property shall remain with Siemens, its affiliates, partners or suppliers.
Siemens will have no liability with respect to any claim of patent infringement which is based upon the combination
of the Phone System or parts furnished hereunder with software, apparatus or devices not furnished by Siemens,
nor will Siemens have any liability for the use of ancillary equipment or software not furnished by Siemens which is
attached to or used in connection with the Phone System. The foregoing states the entire liability of Siemens with
respect to infringement of patents by the Phone System or any parts thereof.
Copyright Laws in the United States and other countries preserve for Siemens certain exclusive rights for
copyrighted Siemens software, such as the exclusive rights to reproduce and distribute copies of such Siemens
software. Siemens software may be used only in the Phone System in which the software was originally embodied
when purchased, and such software in such Phone System may not be replaced, copied, distributed, modified in
any way, or used to produce any derivative thereof. No other use including, without limitation, alteration,
modification, reproduction, distribution, or reverse engineering of such Siemens software or exercise of rights in
such Siemens software is permitted. No license is granted by implication, estoppel or otherwise under Siemens
patent rights or copyrights.