Samsung A727 - SGH Cell Phone 28 MB User Manual download pdf (Page 190)

CELLDEK® SOFTWARE LICENSE

CellDEK® User Manual 190

(g) theft, malicious damage, strike, lock-out or industrial action of any

kind; and

(h) any cause or circumstance whatsoever beyond the reasonable

control of a Party;

“Goods”

means CellDEK mobile phone and PDA data extraction kit;

“Intellectual Property Rights”

means all inventions (whether patentable or not), patents, utility models,

designs (both registered and unregistered and including rights in

semiconductor topographies), copyright, database rights, trade and

service marks (both registered and unregistered) together with all

applications for, right to the grant of and extensions of the same, and all

other intellectual and industrial property including but not limited to all

similar or analogous rights throughout the world, in each case for the full

term of the relevant right;

“Licensed Software Materials”

means the Software, the Software Documentation, the Periodic New

Releases, any Releases and any fixes created and which are provided

to You pursuant to the Contract;

“Periodic New Releases”

means a release of the Software that is made available to all Customers

and that corrects errors or changes or improves the Software’s utility,

efficiency or capability and associated cable upgrade specifications and

which is provided to You pursuant to the Contract;

“Party”

means each of the persons identified as parties to this Agreement and

jointly “the Parties”;

“Release”

means the most recent standard version of the Software made available

to all Customers and which is provided to You pursuant to the

Contract;

“Software”

means the software programs in Executable Code only and which are

listed in the Schedule;

“Software Documentation”

means the instruction manuals, user guides and other information and

any modifications or additions thereto to be made available by the

Licensor at its discretion to You in either printed or machine

readable form;

“Software Specifications”

means the technical specifications from time to time published by the

Licensor in respect of the Software; and

“Use”

means the copying or transmission of the Software or (where in machine

readable form) the Software Documentation for use in accordance with

the instructions contained in the Software or (as the case may be) the

Software Documentation.

1.2 In this Agreement unless the context requires otherwise:

1.2.1 the singular includes the plural and vice versa and any gender

includes any other gender;

1.2.2 references to Clauses and Schedules are to Clauses of, and

schedules to, this Agreement;

1.2.3 any reference to an enactment, order, regulation or other similar

instrument includes a reference to that enactment, order, regulation or

instrument as from time to time amended, extended or re-enacted;

1.2.4 references to persons include bodies corporate, unincorporated

associations and partnerships, and any reference to the Parties include

their respective successors, permitted assigns and personal

representatives; and

1.2.5 any reference to “company”, “subsidiary” and “holding company”

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