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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
electronic 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 Agreement,
BenQ 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, 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
upgrades, 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 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 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-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:
• 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.
• 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 ex-
pressly provided in this Agreement.
• You may not sublicense, rent or lease the Li-
censed Software.
• You may not reverse engineer, decompile,
modify, or disassemble those Licensed Soft-
ware programs except and only to the extent
that such activity is expressly permitted by
