Samsung A727 - SGH Cell Phone 28 MB User Manual download pdf (Page 192)

CELLDEK® SOFTWARE LICENSE

CellDEK® User Manual 192

present and future statutes, laws, ordinances, regulations and/or

guidelines of any applicable jurisdiction or agency;

4.3.7 ensure that its personnel are, at all times, educated and trained in

the proper Use and operation of the Licensed Software Materials;

4.3.8 ensure that the Licensed Software Materials are used in

accordance with any and all applicable Software Documentations; and

4.3.9 indemnify and hold harmless the Licensor from and against all

claims, damages, losses, judgments, fees, expenses and costs, including

legal costs, arising out of or resulting from Your acts, negligence

or failure to comply with this Clause 4 or any other provision of this

Agreement.

4.4 You shall inform all relevant employees, agents and

sub-contractors that the Licensed Software Materials constitute Confidential

Information (as defined below) of the Licensor and that all Intellectual Property

Rights therein are the property of or are licensed to the Licensor and the

You shall take all such steps as shall be necessary to ensure compliance

by its employees agents and sub-contractors with the provisions of this Clause 4.

5 COPYING OF THE LICENSED SOFTWARE MATERIALS

5.1 You shall be entitled to make one back-up copy of the

Software. Any such copy shall in all respects be subject to the terms and

conditions of this Agreement and shall be deemed to form part of the Software.

5.2 You shall not be entitled to copy in whole or in part the

Software Documentation.

6 WARRANTY

6.1 Subject to the exceptions set out in Clause 6.3 below and the limitations

upon its liability in Clause 7 below the Licensor warrants that:

6.1.1 it has the right, power and authority to license the Licensed

Software Materials upon the terms and conditions of this Agreement; and

6.1.2 the Software will for a period of twelve (12) months from the date it

is delivered to You conform to the Software Specifications.

6.2 You shall give notice to the Licensor as soon as it is reasonably

able upon becoming aware of a breach of warranty. If no such notice is given

within 30 days of You becoming aware of a breach of warranty, the

Licensor shall not be liable for such breach of warranty.

6.3 The Licensor shall have no liability to remedy a breach of warranty where

such breach arises:

6.3.1 in respect of Software that is not properly licensed pursuant

to Clause 2 of this Agreement;

6.3.2 in circumstances where You is not in conformity with the

minimum technical requirements and prerequisites set out in the

Software Specifications; or

6.3.3 as a result of:

a) the improper use, operation or neglect of either the

Software or the Goods upon which the Software is installed

or used;

b) the modification of the Software or its merger (in

whole or in part) with any other software;

c) the failure by You to implement

recommendations in respect of or solutions to faults

previously advised by the Licensor;

d) any repair, adjustment. alteration or modification of

the Software by any person other than the Licensor without

the Licensor's prior consent;

e) failure by You adequately to back-up the

Software;

f) any breach by You of any of its obligations

under any maintenance agreement in respect of the

Goods upon which the Software is installed or used;

g) any failure, accident, neglect or misuse of

equipment, software or media not supplied by the Licensor;

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