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• Insofar as no Guarantee default exists,
BenQ Mobile reserves the right to charge
the customer for replacement or repair.
• The above provisions does not imply a
change in the burden of proof to the detri-
ment of the customer.
To invoke this Guarantee, please contact our
online support on the Internet
www.BenQ-Siemens.com/
mobilephonescustomercare or the tele-
phone service. The relevant number is to be
found in the accompanying user guide.
License Agreement
This License Agreement ("Agreement") is be-
tween 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 un-
der 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 un-
derstood 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 condi-
tions of this Agreement, do not install or use the
Licensed Software. This Agreement governs
any Updates, releases, revisions, or enhance-
ments 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 attach-
ments, or other media with which this Agree-
ment is provided and includes any related
BenQ or third party software and upgrades,
modified versions, updates, additions and cop-
ies of the Licensed Software, if any, distributed
over the air, downloaded from BenQ Web pag-
es or servers or from other sources.
2.
COPYRIGHT. The Licensed Software
and all related rights, without limitation includ-
ing proprietary rights therein, are owned by
BenQ, its Licensors or affiliates and are pro-
tected 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 Soft-
ware or rights therein. The structure, organiza-
tion, 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.
14
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 licens-
ing 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 Soft-
ware, 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.
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 provid-
ed 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 ap-
plicable law notwithstanding this limitation.
Parts of the Licensed Software may be sup-
plied by third parties and may be subject to sep-
arate license terms. Such terms are set out
within the documentation.
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