User's Manual

145End user license agreement
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© Siemens AG 2004, E:\Auftrag\Siemens\MobilePhones\FCCs\c72\FUG\am_EndUserLic.fm
Template: X75, Version 2.2;VAR Language: am; VAR issue date: 050718
sion 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 ena-
bling You to install the Update.
6. Commencement & termination.
This Agreement is effective from the
first date You use or install the Soft-
ware. Your end user rights automati-
cally and immediately terminate
without notice from Licensor if You
fail to comply with any provision 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 Software, and all
related material to Licensor.
7. Except as expressly provided in the
limited warranty for the phone, you
acknowledge the Software is pro-
vided "as is" without warranty of any
kind express or implied. To the maxi-
mum extent permitted by applicable
law neither Licensor, Licensor's Soft-
ware suppliers or their respective
affiliates, nor the copyright holders
make any representations or warran-
ties, express or implied, including
but not limited to the warranties of
merchantability or fitness for a par-
ticular purpose or that the Software
will not infringe any third party pat-
ents, copyrights, trademarks or
other rights. There is no warranty by
Licensor or by any other party that
the functions contained in the Soft-
ware will meet your requirements or
that the operation of the Software
will be uninterrupted 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
environments 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.
9. Limitation of liability.
To the maximum extent permitted
by applicable law, in no event shall
Licensor or Licensor's Software sup-
pliers or their respecitve affiliates
and employees be liable for any lost
profits, revenue, sales, data or costs
of procurement of substitute goods
or services, property damage, per-
sonal injury, interruption of busi-
ness, loss of business information or
for any special, direct, indirect, inci-
dental, economic, cover, punitive,
special or consequential damages,
however caused and whether arising
under contract, tort, negligence, or
other theory of liability arising out of
the use of or inability to use the Soft-
ware, even if Licensor or its Software
suppliers are advised of the possibil-
ity of such damages. Because some
countries/states/jurisdictions do not
allow the exclusion or limitation of