Samsung A727 - SGH Cell Phone 28 MB User Manual Page 189

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CELLDEK® SOFTWARE LICENSE
CellDEK® User Manual 189
9. CellDEK Software License
CellDEK Software License - EU
EU CUSTOMER LICENCE
BETWEEN LOGICUBE, INC. (the “Licensor”); and the End User (You”).
RECITAL
(A) The Licensor is engaged in creating and is the owner of the Software (as hereinafter
defined).
(B) The Licensor has agreed to grant You a non-exclusive licence to use the Software (as
hereinafter defined) upon the terms and conditions of this Agreement.
(C) The Licensor has provided You with a copy of the End User Software License (as
hereinafter defined) which grants You a license to use the Microsoft and related
software contained within the PC embedded in the CellDEK device.
OPERATIVE PROVISIONS
1 DEFINITIONS AND INTERPRETATION
1.1 In this Agreement including the Schedule hereto the following words shall
have the following meanings:
“Agreement”
means this agreement, including its Schedule;
“Business Day”
means any day other than Saturdays, Sundays or public holidays in
England;
“Commencement Date”
means the date of the Contract;
“Contract”
means the contract between the Parties for the purchase of the Goods
in which the Software is embedded;
“Customer”
means a third party who is licensed by the Licensor to use the Software
when it is installed into the Goods;
“End User License”
means the paper license provided with the CellDEK device for software within the
embedded PC;
“Executable Code”
means the fully compiled version of a software programme that can be
executed by a computer and used by a Customer without further
compilation;
“Force Majeure”
means the following:
(a) Acts of God;
(b) outbreak of hostilities, riot, civil disturbance, acts of terrorism;
(c) an act of any government or authority (including refusal or
revocation of any licence or consent);
(d) fire, explosion, flood, fog or bad weather;
(e) power failure, failure of telecommunication lines, failure or
breakdown of plant, machinery or vehicles;
(f) default of suppliers or sub-contractors;
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