User's Manual

133End user license agreement
right page (133) of E71 Obsidian, FCC, am (09.08.2006, 15:36)
BenQ 2006, G:\Mobil\X85\E71_Obsidian\fcc_voher_diese_mail_lesen\FM\STD_EndUserLic_FCC_am.fm
Template: Minion, 140x105 mm, Version 1.6; VAR Language: am; VAR issue date: 060714
5. Multiple copies/updates.
If the Software supports multiple plat-
forms or languages, if You receive the
Software on multiple media, of if You
otherwise receive multiple copies of the
Software, the number of phones on
which all versions of the Software are in-
stalled shall be one phone. If the Soft-
ware is an Update to a previous version
of the Software, You must possess a val-
id end user right to such previous ver-
sion in order to use the Update and You
may use the previous 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
immediately terminate without notice
from Licensor if You fail to comply with
any provision of this Agreement. In
such event, You must immediately de-
lete, 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 provid-
ed "as is" without warranty of any kind
express or implied. To the maximum ex-
tent permitted by applicable law neither
Licensor, Licensor's Software suppliers
or their respective affiliates, nor the cop-
yright holders make any representations
or warranties, express or implied, in-
cluding but not limited to the warranties
of merchantability or fitness for a partic-
ular purpose or that the Software will not
infringe any third party patents, copy-
rights, trademarks or other rights. There
is no warranty by Licensor or by any oth-
er party that the functions contained in
the Software will meet your require-
ments or that the operation of the Soft-
ware will be uninterrupted or error free.
8. Not fault tolerant.
The Software may contain technoloy
that is not fault tolerant and is not de-
signed, manufactured, or intended for
use in environments or applications in
which the failure of the licensed Soft-
ware could lead direclty to death, per-
sonal injury, or severe physical or envi-
ronmental damage or financial loss.
9. Limitation of liability.
To the maximum extent permitted by
applicable law, in no event shall Licen-
sor or Licensor's Software suppliers 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, personal injury, interruption of
business, loss of business information or
for any special, direct, indirect, inciden-
tal, economic, cover, punitive, special or
consequential damages, however caused