©
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Intellectual property
134
VAR Langua
ge: Am
erica
n; VAR is
sue date: 16-Feb
ruar-2004
left page (134)
of M65 X-Cite FUG us, A31008-H7150-A40-1-4A19 (14.04.2004, 17:30)
Intellectual
property
Intellectual Prop-
erty Restrictions
All Intellectual Property, as defined
below, which is owned by or other-
wise the property of Siemens Infor-
mation and Communications
Mobile, LLC ("Siemens"), its affili-
ates, partners or suppliers, relating
to the Phone, including but not lim-
ited to accessories, parts or software
relating thereto (the “Phone Sys-
tem”), is proprietary under federal
laws, state laws and International
treaty provisions. Intellectual Prop-
erty includes, but is not limited to,
inventions (patentable or unpatent-
able), patents, trade secrets, copy-
rights, software, computer pro-
grams, and related documentation
and other works of authorship. You
may not infringe or otherwise violate
the rights secured by the Intellectual
Property. Moreover, you agree that
you will not (and will not attempt to)
disassemble, decompile, reverse
engineer, prepare derivative works
from, modify or make any other
effort to create source code from the
software. No title to ownership in
the Intellectual Property is trans-
ferred to you through purchase or
possession of the Phone or its com-
ponents. All applicable rights of the
Intellectual Property shall remain
with Siemens, its affiliates, partners
or suppliers.
Siemens will have no liability with
respect to any claim of patent
infringement which is based upon
the combination of the Product or
parts furnished hereunder with soft-
ware, apparatus or devices not fur-
nished by Siemens, nor will Siemens
have any liability for the use of ancil-
lary equipment or software not fur-
nished by Siemens which is attached
to or used in connection with the
Product, The foregoing states the
entire liability of Siemens with
respect to infringement of patents
by the Product or any parts thereof.
Laws in the United States and other
countries preserve for Siemens cer-
tain exclusive rights for copyrighted
Siemens software, such as the exclu-
sive rights to reproduce and distrib-
ute copies of such Siemens software.
Siemens software may be used only
in the Product in which the software
was originally embodied when pur-
chased, and such software in such
Product may not be replaced, cop-
ied, distributed. modified in any
way, or used to produce any deriva-
tive thereof. No other use including,
without limitation, alteration, modi-
fication, reproduction, distribution.
or reverse engineering of such
Siemens software or exercise of
rights in such Siemens software is
permitted. No license is granted by
implication, estoppel or otherwise
under Siemens patent rights or copy-
rights.