Samsung A727 - SGH Cell Phone 28 MB User Manual Page 191

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CELLDEK® SOFTWARE LICENSE
CellDEK® User Manual 191
shall be as defined in section 736 of the Companies Act 1985.
1.3 The headings of this Agreement are for ease of reference only and shall
not affect its interpretation or construction.
1.4 In the event of a conflict between any of the terms of this Agreement
including its Schedules and appendices, the conflict shall be resolved according
to the following order of priority:
1.4.1 the Clauses of this Agreement;
1.4.2 the Schedules of this Agreement; and
1.4.3 the Recitals.
2 GRANT OF LICENCE
2.1 The Licensor hereby grants to You a non-exclusive
non-transferable licence to Use the Software (and where appropriate the
Software Documentation, any Periodic New Releases and any Releases)
and to possess and refer to the Software Documentation (the “Licence”)
in accordance with and subject to the terms and conditions of this
Agreement.
2.2 The Licensor has provided a copy of the the End User License to You. By using the
Software You are granted a license to the software in PC embedded in the CellDEK
device and You agree to be bound by the terms of the End User License agreement.
3 TERM
This Agreement shall commence on the Commencement Date and shall
continue in force unless or until terminated by either Party in accordance
with the provisions of Clause 10.
4 PROPERTY AND CONFIDENTIALITY IN THE LICENSED SOFTWARE
MATERIALS
4.1 The Licensed Software Materials contain Confidential Information (as
defined in Clause 9.1 below) of the Licensor and all Intellectual Property Rights
in the Licensed Software Materials are the exclusive property of or are licensed
to the Licensor.
4.2 You shall not:
4.2.1 save as provided in Clause 5 below copy the whole or any part
of the Licensed Software Materials;
4.2.2 save as required to be permitted by law modify, merge or combine the whole
or any part of the Licensed Software Materials with any other software or
documentation;
4.2.3 remove or tamper with any proprietary notice contained in the
Licensed Software Materials;
4.2.4 assign, license, transfer, sell, lease, rent, charge or otherwise
deal in or encumber the Licensed Software Materials nor use on behalf
of or make available the same to any third party; or
4.2.5 save as required to be permitted by law reverse compile the whole or any
part of the Licensed Software Materials from object code into source code.
4.3 You shall:
4.3.1 keep confidential the Licensed Software Materials and limit
access to the same to those of its employees, agents and sub-contractors
who either have a need to know or who are engaged in the Use of the
Software (including where appropriate the Software Documentation);
4.3.2 reproduce on any copy of the Software or Licensed Software
Materials the Licensor’s copyright and trade mark notices;
4.3.3 maintain an up-to-date record of the number of copies of the
Licensed Software Materials and their location and upon request forthwith
produce such record to the Licensor;
4.3.4 only use the Software in accordance with the number of copies
licensed to You (and as set out in the Schedule);
4.3.5 without prejudice to the foregoing take all such other steps as
shall from time to time be necessary to protect the Confidential
Information (as defined in Clause 9.1 below) and Intellectual Property
Rights of the Licensor in the Licensed Software Materials;
4.3.6 in its Use of the Licensed Software Materials comply with all
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