Zingmagic licence agreement, Zingmagic software licence, Limited warranty – Zing Magic S60 User Manual

Page 9

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ZINGMAGIC LICENCE AGREEMENT

This Licence Agreement is your proof of licence. Please treat it as valuable property.

This is a legal agreement between you (either an individual or an entity) and ZingMagic Limited
("ZingMagic "). By breaking the seal on the media and/or by using the SOFTWARE, you agree to be
bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly
return the media and accompanying items (including printed materials and binders) to the place you
obtained them for a full refund.

ZINGMAGIC SOFTWARE LICENCE

1.

GRANT OF LICENCE. This ZingMagic Licence Agreement ("Licence") permits you to use one

copy of the of the ZingMagic product received, which may include user documentation provided in
"on-line" or electronic form ("SOFTWARE"). The SOFTWARE is licensed as a single product. Its
component parts may not be separated for use on more than one computer or by more than one user
at any one time. If you have multiple licences for the SOFTWARE, then at any one time you may have
as many copies of the SOFTWARE in use as you have Licences. The SOFTWARE is "in use" on a
computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent
memory (e.g. a Solid State Disk) of that computer. If the anticipated number of users of the
SOFTWARE will exceed the number of applicable Licences, then you must have a reasonable
mechanism or process in place to ensure that the number of persons using the SOFTWARE currently
does not exceed the number of Licences.

2.

UPGRADES. If the SOFTWARE is an upgrade from another product, whether from ZingMagic

or another supplier, you may use or transfer the SOFTWARE only in conjunction with the upgraded
product, unless you destroy it. If the SOFTWARE is an upgrade from a ZingMagic product, you may
now use that product only in accordance with this Licence.

3.

COPYRIGHT. The SOFTWARE (including any images and text incorporated into the

SOFTWARE) is owned by ZingMagic or its suppliers and is protected by English copyright laws and
international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted
material (e.g. a book or musical recording) - except that you may either (a) make one copy of the
SOFTWARE either for backup or archival purposes or (b) transfer the SOFTWARE to a single removable
media provided you keep the original solely for backup or archival purpose. You may not copy the
printed materials accompanying the SOFTWARE, nor print copies of any documentation provided in
"on-line" or electronic form.

4.

OTHER RESTRICTIONS. This licence is your proof of licence to exercise the rights granted

therein and must be retained by you. You may not rent or lease the SOFTWARE, but you may transfer
your rights under this Licence on a permanent basis provided you transfer this Licence, the SOFTWARE
and all accompanying printed materials, retain no copies, and the recipient agrees to the terms of
this Licence. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except to the
extent the foregoing restriction is expressly prohibited by applicable law.

5.

You may receive the SOFTWARE in more than one media. Regardless of the type or size of

the media you receive, you may use only the media appropriate for your single designated computer.
You may not use the media on any other computer, or loan, rent, lease, or transfer them to another
user except as part of a permanent transfer (as provided above) or other use expressly permitted by

this Licence.

LIMITED WARRANTY

LIMITED WARRANTY. ZingMagic warrants that (a) the SOFTWARE will perform substantially in
accordance with the accompanying printed materials for a period of sixty (60) days from the date of
receipt; and (b) any hardware accompanying the SOFTWARE will be free from defects in materials and
workmanship under normal use and service for a period of one (1) year from the date of receipt. Any
implied warranties on the SOFTWARE and hardware are limited to sixty (60) days and one (1) year,
respectively. Some jurisdictions do not allow limitations on duration of an implied warranty, so the
above limitation may not apply to you.

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