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License agreement – Siemens PEGASUS-DTC AX72 User Manual

Page 38

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License Agreement

38

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left page (38)

of AX72 Pegasus-DTC, FUG, en, A31008-H2860-A1-1-7619 (06.10.2005, 08:36)

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• The duration of the Guarantee shall not be ex-

tended by services rendered under the terms of

the Guarantee.

• Insofar as no Guarantee default exists,

Siemens reserves the right to charge the cus-

tomer for replacement or repair.

• The above provisions does not imply a change

in the burden of proof to the detriment of the

customer.

To invoke this Guarantee, please contact our on-

line support on the Internet

(www.siemens.com/

mobilephonescustomercare) or the Siemens tel-

ephone service. The relevant number is to be

found in the accompanying user guide.

License Agreement

This License Agreement ("Agreement") is between

You and Siemens Aktiengesellschaft, Germany

(“Siemens”). The Agreement authorizes You to use

the Licensed Software, specified in Clause 1 be-

low, which may be included in your phone, stored

on a CD-ROM, sent to You by electronic mail or

over the air, downloaded from Siemens Web pages

or servers or from other sources under the terms

and conditions set forth below.
Read this Agreement carefully before using your

phone. By using your phone or installing, copying,

and/or using the Licensed Software, You acknowl-

edge that You have read and understood the

Agreement and agree to be bound by all of the

terms and conditions stated below. You further

agree that if Siemens or any licensor of Siemens

("Licensor") is required to engage in any proceed-

ing, legal or otherwise, to enforce their rights under

this Agreement, Siemens and/or its Licensor shall

be entitled to recover from You, in addition to any

other sums due, reasonable attorney's fees, costs

and disbursements. If You do not agree to all of the

terms and conditions of this Agreement, do not in-

stall or use the Licensed Software. This Agreement

governs any Updates, releases, revisions, or en-

hancements to the Licensed Software.

1.

LICENSED SOFTWARE. As used in this

Agreement, the term "Licensed Software" means

collectively: all the software 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 and includes any

related Siemens or third party software and up-

grades, modified versions, updates, additions and

copies of the Licensed Software, if any, distributed

over the air, downloaded from Siemens Web pages

or servers or from other sources.
2.

COPYRIGHT. The Licensed Software and all

related rights, without limitation including proprie-

tary rights therein, are owned by Siemens, its Li-

censors or affiliates and are protected by

international treaty provisions and all applicable

national laws. This Agreement does not convey to

You nor allow You to acquire any title or ownership

interest in the Licensed Software or rights therein.

The structure, organization, data and code of the

Licensed Software are the valuable trade secrets

and confidential information of Siemens, its Licen-

sors or affiliates. You must reproduce and include

the copyright notices with any permitted copies

You make of the Licensed Software.
3.

LICENSE AND USE. Siemens grants to You

a non-exclusive, non-transferable end user right to

install the Licensed Software or use the Licensed

Software installed on the phone. The Licensed

Software is licensed with the phone as a single in-

tegrated product and may be used with the phone

only as set forth in these licensing terms.
4.

LIMITATIONS ON LICENSE. You may not

copy, distribute, or make derivative works of the Li-

censed Software except as follows:
(a) You may make one copy of the Licensed

Software, excluding the documentation, as an ar-

chival backup copy of the original. Any other copies

You make of the Licensed Software are in violation

of this Agreement.
(b) You may not use, modify, or transfer the right

to use the Licensed Software other than together

with the accompanying hardware or copy the Li-

censed Software except as expressly provided in

this Agreement.
(c) You may not sublicense, rent or lease the Li-

censed Software.