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End User Licence Agreement
(EULA), for the software
CONTEXT AND ACCEPTATION OF THE AGREEMENT
You have acquired a Mobile Phone device ("DEVICE"),
manufactured by Sagem Communication (SAGEM), that
includes software either developed by SAGEM itself or
licensed third party Software suppliers ("SOFTWARE
COMPANIES") to SAGEM with the rights to sub-license it to
the purchaser of the device. Those installed software
products whatever their company of origin, and wherever
the name of the company of origin is indicated of not in the
DEVICE documentation, as well as associated media,
printed materials, and "online" or electronic documentation
("SOFTWARE") are protected by United States and
international intellectual property laws and treaties. The
SOFTWARE is licensed, not sold. The owner of the
Software expressly reserves all rights.
IF YOU DO NOT AGREE TO THIS END USER LICENSE
AGREEMENT ("EULA"), DO NOT USE THE DEVICE OR
COPY
THE
SOFTWARE.
CONTACT SAGEM FOR INSTRUCTIONS ON RETURN
OF THE UNUSED DEVICE(S) FOR A REFUND. ANY USE
OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO
USE ON THE DEVICE, WILL CONSTITUTE YOUR
AGREEMENT TO THIS EULA (OR RATIFICATION OF
ANY PREVIOUS CONSENT).
SOFTWARE includes software already installed on the
DEVICE ("DEVICE Software") and Software contained on
the CDROM disk ("Companion CD"), if any is supplied with
the product.
GRANT OF SOFTWARE LICENCE
This EULA grants you the following licence:
44
INSTEAD,
PROMPTLY
DEVICE Software.
You may use the DEVICE Software as
installed on the DEVICE. All or certain portions of the
DEVICE Software may be inoperable if you do not have and
maintain a service account with an appropriate Mobile
Operator, or if the Mobile Operator's network facilities are
not operating or configured to operate with the DEVICE
software.
COMPANION CD.
If any is supplied, additional software for
your personal computer is included with your DEVICE. You
may install and use the software component(s) contained in
the Companion CD only in accordance with the terms of the
printed or online end user license agreement(s) provided
with such component(s). In the absence of an end user
license agreement for particular component(s) of the
Companion CD, you may install and use only one (1) copy
of such component(s) on the DEVICE or a single computer
with which you use the DEVICE.
Security Updates.
The SOFTWARE may include digital
rights management technology. If SOFTWARE does
contain digital rights management technology, content
providers are using the digital rights management
technology ("DRM") contained in the SOFTWARE to
protect the integrity of their content ("Secure Content") so
that their intellectual property, including copyright, in such
content is not misappropriated. Owners of such Secure
Content ("Secure Content Owners") may, from time to time,
request manufacturers or SOFTWARE SUPPLIERS to
provide security related updates to the DRM components of
the SOFTWARE ("Security Updates") that may affect your
ability to copy, display and/or play Secure Content through
the SOFTWARE or third party applications that utilise the
DRM.
You therefore agree that, if you elect to download a licence
from the Internet that enables your use of Secure Content,
Suppliers may, in conjunction with such licence, also
download onto your DEVICE such Security Updates that a
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