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18
End User License Agreement
18 End User License Agreement
END USER SOFTWARE LICENSE AGREEMENT
This Software License Agreement ("Agreement") is
between You and Sendo International Ltd and/or
one of its affiliates ("Licensor"). The Agreement
authorises you to use the Software specified in
Clause 1 below, which may be included on your
phone, stored on a CD-ROM, sent to you by
electronic mail, downloaded from Licensor's Web
pages or servers or from other sources under the
terms and conditions set forth below. This is an
agreement on end user rights and not an
agreement for sale. Licensor continues to own the
copy of the Software and any other copy that you
are authorised to make pursuant to this Agreement.
Read this Agreement carefully before installing,
downloading or using the Software. Further, by
installing, downloading and/or using the Software,
you agree to the terms and conditions of this
Agreement.
1. SOFTWARE.
As used in this Agreement, the term "Software"
means, collectively: (i) 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;
(ii) related Licensor or third party software; (iii)
digital images, stock photographs, clip art or other
artistic works ("Stock Files") (iv) related explanatory
written materials ("Documentation"); (v) fonts (vi)
upgrades, modified versions, updates, additions
and copies of the Software, if any, licensed to you
by Licensor (collectively "Updates") and (vii) any
other possible documentation related thereto.
2. END USER RIGHTS AND USE.
Licensor grants to you a non-exclusive, non-
transferable end user right to install the Software or
use the Software installed on the phones. The
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.
3. LIMITATIONS ON END USER RIGHTS.
(a) You may not copy, distribute, or make derivative
works of the Software.
(b) You may not use, modify, translate, reproduce
or transfer the right to use the Software or copy the
Software except as expressly provided in this
Agreement.
(c) You may not resell, sublicense, rent, lease or
lend the Software; except you may permanently
transfer all of your rights as set forth in the
Agreement only as part of a permanent sale or
transfer of the phone, provided the recipient agrees
to the terms of this Agreement.
(d) You may not reverse engineer, reverse compile,
disassemble or otherwise attempt to discover the
source code of the Software (except to the extent
that this restriction is expressly prohibited by law) or
create derivative works based on the Software.
(e) You shall not display, modify, reproduce and
distribute any of the Stock Files included with the
Software.
(f) You agree that you shall only use the Software in
a manner that complies with all applicable laws in
the jurisdiction in which you use the Software,
including, but not limited to, applicable restrictions
concerning copyright and other intellectual
property rights.
4. COPYRIGHT.
Licensor and/or its software suppliers own the
Software and all rights, without limitation including
proprietary rights therein, and their respective
affiliates and are protected by international treaty
provisions and other applicable national laws of the
country in which it is being used. The structure,
organisation and code of the Software are the
valuable trade secrets and confidential information.
56


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