License agreement – Siemens M75 User Manual

Page 141

License Agreement

140

obilePhones\M75 Sirius\en\LA\EULA_en.fm

Template:

X75, Version 2.

1; VAR Language: en; VAR issue date:

050524

left page (140)

of M75 Sirius FUG en, A31008-H7430-A1-1-7619 (04.06.2005, 09:02)

License Agreement

This License Agreement ("Agreement") is be-

tween 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, 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 install-

ing, copying, and/or using the Licensed Soft-

ware, 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 pro-

ceeding, 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, rea-

sonable attorney's fees, costs and disburse-

ments. 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 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 at-

tachments, or other media with which this

Agreement is provided and includes any re-

lated Siemens or third party software and up-

grades, modified versions, updates, addi-

tions 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 Licensors or affiliates and are

protected by international treaty provisions

and all applicable national laws. This Agree-

ment 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 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.