BenQ P51 - Manual (Page 102)

90 License Agreement
License Agreement
This License Agreement ("Agreement") is between You
and BenQ Mobile GmbH & Co. OHG ("BenQ"). The
Agreement authorizes You to use the Licensed Software,
specified in Clause 1 below, which may be included in
your phone, stored on a CD-ROM, sent to You by elec-
tronic mail or over the air, downloaded from BenQ 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 BenQ or any licensor of BenQ
("Licensor") is required to engage in any proceeding, legal
or otherwise, to enforce their rights under this Agree-
ment, BenQ and/or its Licensor shall be entitled to recov-
er 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, 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 attachments, or
other media with which this Agreement is provided and
includes any related BenQ or third party software and up-
grades, modified versions, updates, additions and copies
of the Licensed Software, if any, distributed over the air,
downloaded from BenQ 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 BenQ, its Licensors or affiliates and
are protected 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 in-
terest 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 BenQ, 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. BenQ grants to You a non-ex-
clusive, non-transferable end user right to install the Li-
censed 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 Soft-
ware 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
Software except as expressly provided in this
Agreement.
(c) You may not sublicense, rent or lease the
Licensed Software.
(d) You may not reverse engineer, decompile,
modify, or disassemble those Licensed Software
programs except and only to the extent that such
activity is expressly permitted by applicable law
notwithstanding this limitation.
Parts of the Licensed Software may be supplied by third
parties and may be subject to separate license terms. Such
terms are set out within the documentation.
5.
MISUSE OF THE LICENSED SOFTWARE OR DA-
TA GENERATED BY THE LICENSED SOFTWARE IS
STRICTLY PROHIBITED BY BENQ, MAY VIOLATE
GERMAN, U.S. AND OTHER LAWS AND MAY SUB-
JECT YOU TO SUBSTANTIAL LIABILITY. You are solely
responsible for any misuse of the Licensed Software un-
der this Agreement and for any liability or damage related
in any way to your use of the Licensed Software in viola-
tion of this Agreement. You are also responsible for using
the Licensed Software in accordance with the limitations
of this Agreement.