License agreement – Siemens SXG75 User Manual

Page 153

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License Agreement

152

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License Agreement

This License Agreement ("Agreement") is

between You and Siemens Aktiengesellschaft,

Germany (“Siemens”). The Agreement author-

izes You to use the Licensed Software, spec-

ified 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

conditions 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 disbursements. 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, releas-

es, 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 in-

cluding proprietary rights therein, are owned

by Siemens, its Licensors or affiliates and are

protected by international treaty provisions

and all applicable national laws. This Agree-

ment 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 se-

crets 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 documentation, as

an archival backup copy of the original. Any

other copies You make of the Licensed Soft-

ware 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.
(c) You may not sublicense, rent or lease

the Licensed Software.

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