License agreement – Siemens CX75 User Manual

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139

License Agreement

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License Agreement

This License Agreement ("Agreement") is

between You and Siemens Aktiengesells-

chaft ("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, down-

loaded 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 acknowledge that You have read and un-

derstood the Agreement and agree to be

bound by all of the terms and conditions stat-

ed below. You further agree that if Siemens or

any licensor of Siemens ("Licensor") is re-

quired 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 disbursements. 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 Up-

dates, 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 attachments, or other media with

which this Agreement is provided and in-

cludes any related Siemens or third party soft-

ware and upgrades, 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 proprietary rights

therein, are owned by Siemens, its Licen-

sors or affiliates and are protected by inter-

national treaty provisions and all applicable

national laws. This Agreement does not con-

vey to You nor allow You to acquire any title

or ownership interest in the Licensed Soft-

ware or rights therein. The structure, organi-

zation, data and code of the Licensed

Software are the valuable trade secrets and

confidential information of Siemens, its Li-

censors 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 Soft-

ware installed on the phone. The Licensed

Software is licensed with the phone as a sin-

gle 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 deriv-

ative works of the Licensed Software except

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

Software, excluding the documentation, as

an archival backup copy of the original. Any

other copies You make of the Licensed Soft-

ware 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 Licensed Soft-ware except as ex-

pressly provided in this Agreement.