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License agreement – Siemens CF75 User Manual

Page 137

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License Agreement

136

© Siemens AG 2004, E:\Auftrag\Siemens

\MobilePhones\CF75 Adonis\en\LA\EULA.fm

Template:

X75, Version 2.

2; VAR Language: en; VAR issue date:

050524

left page (136)

of CF75 Adonis FUG en, A31008-H6010-A1-1-7619 (14.06.2005, 14:35)

License Agreement

This License Agreement ("Agreement") is

between You and Siemens Aktiengesellschaft

("Siemens"). The Agreement authorizes You to

use the Licensed Software, speci-fied in

Clause 1 below, 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 condi-

tions 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 acknowledge 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 proceeding, 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 dis-

bursements. If You do not agree to all of the

terms and conditions of this Agreement, do

not install or use the Licensed Software. This

Agreement governs any Updates, releases,

revisions, or enhancements 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 attach-

ments, or other media with which this Agree-

ment is provided and includes any related

Siemens or third party software and upgrades,

modified versions, updates, additions and cop-

ies 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 proprietary rights therein, are

owned by Siemens, its Licensors or affiliates

and are protected by international treaty pro-

visions 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 Licensors 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 integrated 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 Licensed Software except as

follows:
(a) You may make one copy of the

Licensed Software, excluding the documen-

tation, as an archival 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 hard-

ware or copy the Licensed Soft-ware except

as expressly provided in this Agreement.