BenQ EL71 User Manual - Page 29

Licence Agreement 27 • Insofar as no Guarantee default exists, BenQ Mobile reserves the right to charge the customer for replacement or repair. • The above provisions do not imply a change in the burden of proof to the detriment of the customer. To invoke this Guarantee, please contact our online support on the Internet www.BenQMobile.com/customercare or the telephone service. The relevant number is to be found in the accompanying user guide. Licence Agreement This License Agreement ("Agreement") is between You and BenQ Mobile GmbH & Co. OHG ("BenQ"). The Agreement authorises 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 under 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 understood 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 conditions of this Agreement, do not install or use the Licensed Software. This Agreement governs any Updates, releases, revisions, or enhancements 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 BenQ or third party software and upgrades, modified versions, updates, additions and copies of the Licensed Software, if any, distributed over the air, downloaded from BenQ Web pages or servers or from other sources. 2. COPYRIGHT. The Licensed Software and all related rights, without limitation including proprietary rights therein, are owned by BenQ, 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, organisation, 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. 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 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 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 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 expressly permitted by applicable law notwithstanding 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.