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License Agreement66
© Siemens AG 2003, E:\Auftrag\Siemens\MobilePhones\C75 Aries V2\en\KA\EULA.fm
left page (66) of C75 Aries, w/o ptt, SUG, 140mm, en, A31008-H6970-A1-2-7619 (24.09.2005,
Template: X75, 140x105, Version 2.2; VAR Language: en; VAR issue date: 050718
(b) You may not use, modify, or transfer
the right to use the Licensed Software other
than together with the accompanying hard-
ware or copy the Licensed Soft-ware except
as expressly provided in this Agreement.
(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 ex-
tent that such activity is ex-pressly permitted 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 damage
related in any way to your use of the Licensed
Software in violation of this Agreement. You
are also responsible for using the Licensed
Software in accordance with the limitations
of this Agreement.
6. TERMINATION. This Agreement is ef-
fective from the first date You install, copy or
otherwise 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 terminate automati-cally and immediate-
ly 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 UNINTERRUPTED
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 REPRE-
SENTATIVE SHALL CREATE A WARRANTY
OR IN ANY WAY AFFECT THIS DISCLAIM-
ER. 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 EMPLOYEES,
LICENSORS, AFFILIATES OR AGENTS BE
LIABLE FOR ANY DIRECT DAMAGES,
LOST PROFITS, DATA OR BUSINESS, OR
67


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