Siemens Mobile User Manual

Page 87

Siem

ens AG

2003, M

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l\R65

F62_TMO\en\sug\A

65_

EndU

serLic.f

End user license agreement

VAR Langua

ge: en; V

R issue

date: 040413

left page (87)

of CF62 Leopard TMO SUG us, A31008-H6050-A40-1-4A19 (02.06.2004, 16:09)

version in order to use the Update

and You may use the previous ver-

sion for ninety (90) days after You

receive the Update in order to assist

You in the transition to the Update.

After such time You no longer have a

right to use the previous version, ex-

cept for the sole purpose of enabling

You to install the Update.
6. Commencement & termination.
This Agreement is effective from the

first date You use or install the Soft-

ware. Your end user rights automati-

cally and immediately terminate

without notice from Licensor if You

fail to comply with any provision of

this Agreement. In such event, You

must immediately delete, destroy or

return at Your own cost and ex-

pense, and without entitlement to

any refund of the purchase price, the

phone and the Software, and all re-

lated material to Licensor.
7.

EXCEPT AS EXPRESSLY PROVIDED

IN THE LIMITED WARRANTY FOR THE

PHONE, YOU ACKNOWLEDGE THE

SOFTWARE IS PROVIDED "AS IS"

WITHOUT WARRANTY OF ANY KIND

EXPRESS OR IMPLIED. TO THE MAXI-

MUM EXTENT PERMITTED BY APPLI-

CABLE LAW NEITHER LICENSOR,

LICENSOR'S SOFTWARE SUPPLIERS

OR THEIR RESPECTIVE AFFILIATES,

NOR THE COPYRIGHT HOLDERS

MAKE ANY REPRESENTATIONS OR

WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO

THE WARRANTIES OF MERCHANT-

ABILITY OR FITNESS FOR A PARTICU-

LAR PURPOSE OR THAT THE

SOFTWARE WILL NOT INFRINGE ANY

THIRD PARTY PATENTS, COPY-

RIGHTS, TRADEMARKS OR OTHER

RIGHTS. THERE IS NO WARRANTY BY

LICENSOR OR BY ANY OTHER PARTY

THAT THE FUNCTIONS CONTAINED

IN THE SOFTWARE WILL MEET YOUR

REQUIREMENTS OR THAT THE OPER-

ATION OF THE SOFTWARE WILL BE

UNINTERRUPTED OR ERROR FREE.
8.

NOT FAULT TOLERANT. THE SOFT-

WARE MAY CONTAIN TECHNOLOY

THAT IS NOT FAULT TOLERANT AND

IS NOT DESIGNED, MANUFACTURED,

OR INTENDED FOR USE IN ENVIRON-

MENTS OR APPLICATIONS IN WHICH

THE FAILURE OF THE LICENSED

SOFTWARE COULD LEAD DIRECLTY

TO DEATH, PERSONAL INJURY, OR

SEVERE PHYSICAL OR ENVIRONMEN-

TAL DAMAGE OR FINANCIAL LOSS.
9. Limitation of liability.
TO THE MAXIMUM EXTENT PERMIT-

TED BY APPLICABLE LAW, IN NO

EVENT SHALL LICENSOR OR LICEN-

SOR'S SOFTWARE SUPPLIERS OR

THEIR RESPECITVE AFFILIATES AND

EMPLOYEES BE LIABLE FOR ANY

LOST PROFITS, REVENUE, SALES,

DATA OR COSTS OF PROCUREMENT

OF SUBSTITUTE GOODS OR SERVIC-

ES, PROPERTY DAMAGE, PERSONAL

INJURY, INTERRUPTION OF BUSI-

NESS, LOSS OF BUSINESS INFORMA-

TION OR FOR ANY SPECIAL, DIRECT,

INDIRECT, INCIDENTAL, ECONOMIC,