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left page (15)

of AX72 Pegasus-DTC, SUG, en, A31008-H2860-A1-2-7619 (04.10.2005, 10:58)

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0307

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 Agree-

ment 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 proceeding, legal or other-

wise, to enforce their rights under this Agreement,

Siemens and/or its Licensor shall be entitled to recov-

er from You, in addition to any other sums due, rea-

sonable 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, re-

leases, revisions, or enhancements to the Licensed

Software.

LICENSED SOFTWARE. As used in this

Agreement, the term "Licensed Software" means col-

lectively: all the software in Your phone, all of the con-

tents 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 upgrades, modi-

fied versions, updates, additions and copies of the Li-

censed Software, if any, distributed over the air,

downloaded from Siemens Web pages or servers or

from other sources.

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

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, organiza-

tion, data and code of the Licensed Software are the

valuable trade secrets and confidential information of

Siemens, its Licensors or affiliates. You must repro-

duce and include the copyright notices with any per-

mitted copies You make of the Licensed Software.

LICENSE AND USE. Siemens grants to You a

non-exclusive, non-transferable end user right to in-

stall the Licensed Software or use the Licensed Soft-

ware installed on the phone. The Licensed Software

is licensed with the phone as a single integrated prod-

uct and may be used with the phone only as set forth

in these licensing terms.

LIMITATIONS ON LICENSE. You may not

copy, distribute, or make derivative works of the Li-

censed Software except as follows:

(a) You may make one copy of the Licensed Soft-

ware, excluding the documentation, as an archival

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

Software except as expressly provided in this Agree-

ment.

(c)

You may not sublicense, rent or lease the Li-

censed Software.

(d) You may not reverse engineer, decompile,

modify, or disassemble those Licensed Software pro-

grams except and only to the extent that such activity

is ex-pressly permitted by applicable law notwith-

standing this limitation.

Parts of the Licensed Software may be supplied by

third parties and may be subject to separate license

terms. Such terms are set out within the

documentation.

MISUSE OF THE LICENSED SOFTWARE OR

DATA GENERATED BY THE LICENSED SOFT-

WARE IS STRICTLY PROHIBITED BY SIEMENS,

MAY VIOLATE GERMAN, U.S. AND OTHER LAWS

AND MAY SUBJECT YOU TO SUBSTANTIAL LIA-

BILITY. You are solely responsible for any misuse of

the Licensed Software under this Agreement and for

any liability or damage related in any way to your use

of the Licensed Software in violation of this Agree-

ment. You are also responsible for using the Li-

censed Software in accordance with the limitations of

this Agreement.

TERMINATION. This Agreement is effective

from the first date You install, copy or otherwise use

the Licensed Software. You may terminate this li-

cense at any time by deleting or destroying the Li-

censed Software, all back up copies and all related

materials provided to You by Siemens. Your license

rights terminate automati-cally and immediately with-

out notice if You fail to comply with any provision of

this Agreement. The rights and obligations under

sections 2, 5, 6, 7, 9, 12 and 13 of this Agreement

shall survive the termination of this Agreement.

YOU ACKNOWLEDGE THE LICENSED

SOFTWARE IS PROVIDED "AS IS" AND NEITHER

SIEMENS NOR ANY OF ITS LICENSORS MAKE

ANY REPRESENTATIONS OR WARRANTIES, EX-

PRESS OR IMPLIED, INCLUDING BUT NOT LIMIT-

ED TO THE WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTIC-

ULAR PURPOSE OR THAT THE LICENSED SOFT-

WARE WILL NOT INFRINGE ANY THIRD PARTY

PATENTS, COPYRIGHTS, TRADEMARKS OR

OTHER RIGHTS. THERE IS NO WARRANTY BY