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65License Agreement
© Siemens AG 2003, E:\Auftrag\Siemens\MobilePhones\M75 Sirius\en\KA\EULA_en.fm
Template: X75, Version 2.1; VAR Language: en; VAR issue date: 050224
right page (65) of M75 SIRIUS SUG en, A31008-H7430-A1-1-7619 (18.04.2005, 12:03)
License Agreement
This License Agreement ("Agreement") is be-
tween 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, 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 install-
ing, copying, and/or using the Licensed Soft-
ware, 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 pro-
ceeding, 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, rea-
sonable attorney's fees, costs and disburse-
ments. If You do not agree to all of the terms
and conditions of this Agreement, do not in-
stall 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 at-
tachments, or other media with which this
Agreement is provided and includes any re-
lated Siemens or third party software and up-
grades, modified versions, updates, addi-
tions and copies 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 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
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 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 hardware or
copy the Licensed Soft-ware except as ex-
pressly provided in this Agreement.
66


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