Siemens M75 User Manual
Page 142
141
License Agreement
© Siemens AG 2003, E:\Auftrag\Siemens\M
obilePhones\M75 Sirius\en\LA\EULA_en.fm
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1; VAR Language: en; VAR issue date:
050524
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of M75 Sirius FUG en, A31008-H7430-A1-1-7619 (04.06.2005, 09:02)
(c) You may not sublicense, rent or lease the
Licensed Software.
(d) You may not reverse engineer, decom-
pile, modify, or disassemble those Licensed
Software programs except and only to the
extent that such activity is ex-pressly permit-
ted by applicable law notwithstanding this
limitation.
Parts of the Licensed Software may be sup-
plied by third parties and may be subject to
separate license terms. Such terms are set
out within the documentation.
5. MISUSE OF THE LICENSED SOFT-
WARE OR DATA GENERATED BY THE
LICENSED SOFTWARE IS STRICTLY
PROHIBITED BY SIEMENS, MAY VIOLATE
GERMAN, U.S. AND OTHER LAWS AND
MAY SUBJECT YOU TO SUBSTANTIAL
LIABILITY. You are solely responsible for
any misuse of the Licensed Software under
this Agreement and for any liability or dam-
age related in any way to your use of the
Licensed Software in violation of this Agree-
ment. You are also responsible for using the
Licensed Software in accordance with the
limitations of this Agreement.
6. TERMINATION. This Agreement is effec-
tive from the first date you install, copy or oth-
erwise use the Licensed Software. You may
terminate this license at any time by deleting
or destroying the Licensed Software, all back
up copies and all related materials provided
to You by Siemens. Your license rights termi-
nate automati-cally and immediately without
notice if You fail to comply with any provision
of this Agreement. The rights and obligations
under sections 2, 5, 6, 7, 9, 12 and 13 of this
Agreement shall survive the termination of
this Agreement.
7. YOU ACKNOWLEDGE THE LICENSED
SOFTWARE IS PROVIDED "AS IS" AND
NEITHER SIEMENS NOR ANY OF ITS
LICENSORS MAKE ANY REPRESENTA-
TIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTA-
BILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR THAT THE LICENSED
SOFTWARE WILL NOT INFRINGE ANY
THIRD PARTY PATENTS, COPYRIGHTS,
TRADEMARKS OR OTHER RIGHTS.
THERE IS NO WARRANTY BY SIEMENS
OR ITS LICENSORS OR BY ANY OTHER
PARTY THAT THE FUNCTIONS CON-
TAINED IN THE LICENSED SOFTWARE
WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF THE
LICENSED SOFTWARE WILL BE UNIN-
TERRUPTED OR ERROR-FREE AND
SIEMENS AND ITS LICENSORS HEREBY
DISCLAIM ANY AND ALL LIABILITY ON
ACCOUNT THEREOF. NO ORAL OR
WRITTEN INFORMATION OR ADVICE
GIVEN BY A SIEMENS REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY
WAY AFFECT THIS DISCLAIMER. YOU
ASSUME ALL RESPONSIBILITY TO
ACHIEVE YOUR INTENDED RESULTS
AND FOR THE INSTALLATION, USE, AND
RESULTS OBTAINED FROM IT.
8. NO OTHER OBLIGATIONS. This Agree-
ment creates no obligations on the part of
Siemens other than as specifically set forth
herein.
9. LIMITATION OF LIABILITY. IN NO
EVENT SHALL SIEMENS, ITS EMPLOY-
EES, LICENSORS, AFFILIATES OR
AGENTS BE LIABLE FOR ANY DIRECT
DAMAGES, LOST PROFITS, DATA OR
BUSINESS, OR COSTS OF PROCURE-
MENT OF SUBSTITUTE GOODS OR
SERVICES, PROPERTY DAMAGE, INTER-
RUPTION OF BUSINESS OR FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, EXEM-
PLARY, ECONOMIC, PUNITIVE OR CON-
SEQUENTIAL DAMAGES, HOWEVER
CAUSED, AND WHETHER ARISING UN-