Siemens Mobile User Manual

Page 88

Sieme

2003, M:\Mobil\R65\C

F62

_TMO\en\sug\A65_EndUse

ic.fm

End user license agreement

VAR Langua

ge: en; V

R issue

date: 040413

left page (88)

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

COVER, PUNITIVE, SPECIAL OR CON-

SEQUENTIAL DAMAGES, HOWEVER

CAUSED AND WHETHER ARISING UN-

DER CONTRACT, TORT, NEGLIGENCE,

OR OTHER THEORY OF LIABILITY

ARISING OUT OF THE USE OF OR IN-

ABILITY TO USE THE SOFTWARE,

EVEN IF LICENSOR OR ITS SOFTWARE

SUPPLIERS ARE ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. BE-

CAUSE SOME COUNTRIES/STATES/

JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OR LIMITATION OF LIA-

BILITY, BUT MAY ALLOW LIABILITY

TO BE LIMITED, IN SUCH CASES, THE

LIABILITY OF LICENSOR, ITS SOFT-

WARE SUPPLIERS AND THEIR RESPEC-

TIVE AFFILIATES AND EMPLOYEES

SHALL BE LIMITED TO, AT LICEN-

SOR'S OPTION, EITHER (A) RETURN

OF THE PRICE PAID LESS A REASON-

ABLE AMOUNT FOR USAGE, OR (B)

REPAIR OR REPLACMENT OF THE

SOFTWARE THAT DOES NOT MEET

THE LIMITED WARRANTY PROVIDED

WITH THE PHONE AND WHICH IS RE-

TURNED IN ACCORDANCE WITH THE

REQUIREMENTS OF THE LIMITED

WARRANTY.
Nothing contained in this Agree-

ment shall prejudice the statutory

rights of any party dealing as a con-

sumer. Nothing contained in this

Agreement limits Licensor's liability

to You in the event of death or per-

sonal injury resulting from Licensor's

negligence if law prohibits such a

limitation. Licensor is acting on be-

half of its software suppliers and

their respective employees and affili-

ates for the purpose of disclaiming,

excluding and/or restricting obliga-

tions, warranties and liability as pro-

vided in this clause 9, but in no other

respects and for no other purpose.
10. Technical support.
Licensor has no obligation to furnish

You with technical support except as

agreed in writing between You and

Licensor in the Limited Warranty pro-

vided with the phone.
11. Export control.
The Software may be subject to ex-

port regulations of the United States

and other countries. You agree that

You shall comply with all applicable

export laws, restrictions and regula-

tions of the United States or foreign

agencies or authorities, and shall not

export, or transfer for the purpose of

re-export, any Software, product or

technical data received under this

Agreement or any Software or prod-

uct produced by use of such techni-

cal data, including processes and

services, in violation of any applica-

ble restrictions, laws or regulations,

or without all necessary approvals.