right page (33)
of A75_Libra, fcc, us-en, (30.05.2005, 10:36)
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End user license agreement
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24
ing, lewd, obscene or pornographic mate-
rial or in any otherwise illegal manner.
You agree that You shall only use the pre-
loaded content in a manner that complies
with all applicable laws, including, but not
limited to, applicable restrictions concern-
ing copyright and other intellectual prop-
erty rights. You may not register or claim
any rights in the pre-loaded content or de-
rivative works there of.
(g) You agree that You shall only use the
Software in a manner that complies with
all applicable laws in the jurisdiction in
which You use the Software, including,
but not limited to, applicable restrictions
concerning copyright and other intellec-
tual property rights.
4. Copyright.
Licensor and/or its software suppliers and
their respective affiliates own the Soft-
ware and all rights, including without limi-
tation including proprietary rights therein,
are protected by international treaty provi-
sions and other applicable national laws
of the country in which it is being used.
The structure, organization and code of
the Software are the valuable trade se-
crets and confidential information.
5. Multiple copies/updates.
If the Software supports multiple plat-
forms or languages, if You receive the
Software on multiple media, of if You oth-
erwise receive multiple copies of the Soft-
ware, the number of phones on which all
versions of the Software are installed
shall be one phone. If the Software is an
Update to a previous version of the Soft-
ware, You must possess a valid end user
right to such previous version in order to
use the Update and You may use the pre-
vious version for ninety (90) days after
You receive the Update in order to assist
You in the transition to the Update. After
such time You no longer have a right to
use the previous version, except for the
sole purpose of enabling You to install the
Update.
6. Commencement & termination.
This Agreement is effective from the first
date You use or install the Software. Your
end user rights automatically and imme-
diately terminate without notice from Li-
censor if You fail to comply with any pro-
vision of this Agreement. In such event,
You must immediately delete, destroy or
return at Your own cost and expense, and
without entitlement to any refund of the
purchase price, the phone and the Soft-
ware, and all related material to Licensor.
7. Except as expressly provided
in the limited warranty for the phone, you
acknowledge the Software is provided "as
is" without warranty of any kind express
or implied. To the maximum extent per-
mitted by applicable law neither Licensor,
Licensor's Software suppliers or their re-
spective affiliates, nor the copyright hold-
ers make any representations or warran-
ties, express or implied, including but not
limited to the warranties of merchantabil-
ity or fitness for a particular purpose or
that the Software will not infringe any
third party patents, copyrights, trade-
marks or other rights. There is no warran-
ty by Licensor or by any other party that
the functions contained in the Software
will meet your requirements or that the
operation of the Software will be uninter-
rupted or error free.
8. Not fault tolerant.
The Software may contain technoloy that
is not fault tolerant and is not designed,
manufactured, or intended for use in en-
vironments or applications in which the
failure of the licensed Software could
lead direclty to death, personal injury, or
severe physical or environmental damage
or financial loss.
