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License Agreement
License Agreement
This License Agreement ("Agreement") is
between 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, downloaded
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,
copying, and/or using the Licensed Software,
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 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 dis-
bursements. 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 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 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 Siemens, its Licensors or affiliates
and are protected by international treaty pro-
visions 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 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 documen-
tation, 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 hard-
ware or copy the Licensed Soft-ware except
as expressly provided in this Agreement.
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