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67License Agreement
right page (67) of C72 Cormorant SUG en A31008-H7850-A1-3-7619 (11.11.2005, 14:31)
© Siemens AG 2003, C:\BenQ\DTP-Satz\Produkte\C72_Cormorant_2\out-
Template: X75, Version 2.2; VAR Language: en; VAR issue date: 050718
License Agreement
This License Agreement ("Agreement") is be-
tween You and Siemens Aktiengesellschaft,
Germany (“Siemens”). The Agreement author-
izes 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 condi-
tions set forth below.
Read this Agreement carefully before using your
phone. By using your phone or installing, copy-
ing, and/or using the Licensed Software, You
acknowledge that You have read and under-
stood 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 proceeding, 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,
reasonable attorney's fees, costs and disburse-
ments. If You do not agree to all of the terms and
conditions of this Agreement, do not install or
use the Licensed Software. This Agreement
governs any Updates, releases, revisions, or en-
hancements 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 attach-
ments, or other media with which this Agree-
ment is provided and includes any related
Siemens or third party software and upgrades,
modified versions, updates, additions and cop-
ies 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 Sie-
mens, its Licensors or affiliates and are protect-
ed by international treaty provisions and all
applicable national laws. This Agreement does
not convey to You nor allow You to acquire any
title or ownership interest in the Licensed Soft-
ware or rights therein. The structure, organiza-
tion, data and code of the Licensed Software
are the valuable trade secrets and confidential
information of Siemens, its Licensors or affili-
ates. You must reproduce and include the cop-
yright 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 licens-
ing 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 Software 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.
(c) You may not sublicense, rent or lease the
Licensed Software.
68


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