right page (43)
of CF75 Adonis SUG en, A31008-H6010-A1-2-7619 (02.06.2005, 15:50)
© Siemens AG 2004, E:\A
uftrag\Siemens\Mobil
ePho
nes\CF75 Adoni
s V2\en\KA\
S_ADONIS_Maintenance.fm
43
License Agreement
VAR Language: en; VAR
is
sue date: 050518
License Agreement
This License Agreement ("Agreement") is between
You and Siemens Aktiengesellschaft ("Siemens").
The Agreement authorizes You to use the Li-
censed 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, downloaded from Siemens Web pages or serv-
ers or from other sources under the terms and con-
ditions 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 acknowl-
edge 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 proceed-
ing, 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, reasonable attorney's fees, costs
and disbursements. 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 en-
hancements 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 Siemens or third party software and up-
grades, modified versions, updates, additions 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 proprie-
tary rights therein, are owned by Siemens, its
Licensors or affiliates and are protected by inter-
national treaty provisions and all applicable nation-
al laws. This Agreement does not convey to You
nor allow You to acquire any title or ownership in-
terest 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 Licen-
sors 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 in-
tegrated 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 ar-
chival backup copy of the original. Any other copies
You make of the Licensed Software 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 expressly provided
in this Agreement.
(c) You may not sublicense, rent or lease the
Licensed Software.
(d) You may not reverse engineer, decompile,
modify, or disassemble those Licensed Software
programs except and only to the extent that such
activity is ex-pressly permitted by applicable law
notwithstanding this limitation.
Parts of the Licensed Software may be supplied by
third parties and may be subject to separate li-
cense terms. Such terms are set out within the
documentation.
5.
MISUSE OF THE LICENSED SOFTWARE
OR DATA GENERATED BY THE LICENSED
SOFTWARE IS STRICTLY PROHIBITED BY
SIEMENS, MAY VIOLATE GERMAN, U.S. AND
OTHER LAWS AND MAY SUBJECT YOU TO
SUBSTANTIAL LIABILITY. You are solely respon-
sible for any misuse of the Licensed Software un-
der this Agreement and for any liability or damage
related in any way to your use of the Licensed