Samsung A727 - SGH Cell Phone 28 MB User Manual download pdf (Page 199)

CELLDEK® SOFTWARE LICENSE

CellDEK® User Manual 199

and maintained by You as directed by all applicable documentation; (ii) You promptly

notify Licensor in writing of the claim and is able to reproduce it; (iv) the Software has not in

any way been modified and You have not installed any other hardware or software affecting

the Software; (v) the claim is unrelated to the failure by You to follow the most current

instructions issued by Licensor or its authorized reseller; (vi) the claim is unrelated to the

negligence, accident or act of You or any third party; (vii) You provide reasonable

access to the Software; (viii) there has been no operation of the Software under conditions

more severe than those for which the Software was designed; (ix) the claim is unrelated to

force majeure; (x) the claim is unrelated to operator error or to any software, firmware,

peripheral or communication device; and (xi) where authorized Licensor updates are provided

to You, the Software incorporates all such updates within ninety (90) days of each update

being provided or otherwise made available. In the event it is determined that any warranty

claim reported by You falls within any of the foregoing exceptions, You shall pay for

services at then current rates and charges.

(d) Nothing herein shall obligate Licensor or its authorized reseller to improve or otherwise

support any Software licensed hereunder. Without prejudice to the foregoing, all support,

enhancements, modifications and upgrades delivered to You, if any, shall be subject to the

same protections, restrictions, limited warranty, and limitations on copying and tampering as

set forth elsewhere herein.

5. Component Items. In the event that Licensor or its authorized reseller shall deliver to

You any individual components apart from the Software specifically licensed hereunder,

You shall not use or attempt to use any such component outside or independent of the

parameter of this License, and each such component shall be subject to the same rules and

restrictions binding on You to which the Software is subject, whether under this

Agreement or otherwise.

6. Breach. In the event that either party hereto should breach any of the material terms and

conditions of this Agreement, the aggrieved party shall notify the other party. The offending

party shall thereafter have 30 days to correct the identified deficiency. In the event such

deficiency is not rectified to the satisfaction of the aggrieved party, then the aggrieved party

shall be entitled to declare this Agreement null, void and of no further force and effect, and all

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Samsung A727 - SGH Cell Phone 28 MB User Manual Page 199