Siemens M75 User Manual

Page 142

Advertising
background image

141

License Agreement

© Siemens AG 2003, E:\Auftrag\Siemens\M

obilePhones\M75 Sirius\en\LA\EULA_en.fm

Template:

X75, Version 2.

1; VAR Language: en; VAR issue date:

050524

right page (141)

of M75 Sirius FUG en, A31008-H7430-A1-1-7619 (04.06.2005, 09:02)

(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

extent that such activity is ex-pressly permit-

ted 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 dam-

age related in any way to your use of the

Licensed Software in violation of this Agree-

ment. You are also responsible for using the

Licensed Software in accordance with the

limitations of this Agreement.
6. TERMINATION. This Agreement is effec-

tive from the first date you install, copy or oth-

erwise 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 termi-

nate automati-cally and immediately 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 UNIN-

TERRUPTED 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 REPRESENTATIVE

SHALL CREATE A WARRANTY OR IN ANY

WAY AFFECT THIS DISCLAIMER. 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 EMPLOY-

EES, LICENSORS, AFFILIATES OR

AGENTS BE LIABLE FOR ANY DIRECT

DAMAGES, LOST PROFITS, DATA OR

BUSINESS, OR COSTS OF PROCURE-

MENT OF SUBSTITUTE GOODS OR

SERVICES, PROPERTY DAMAGE, INTER-

RUPTION OF BUSINESS OR FOR ANY

SPECIAL, INDIRECT, INCIDENTAL, EXEM-

PLARY, ECONOMIC, PUNITIVE OR CON-

SEQUENTIAL DAMAGES, HOWEVER

CAUSED, AND WHETHER ARISING UN-

Advertising