Samsung A727 - SGH Cell Phone 28 MB User Manual download pdf (Page 196)

CELLDEK® SOFTWARE LICENSE

CellDEK® User Manual 196

between the Parties with respect to the subject matter hereof and supersede

and invalidate all prior oral or written communications, understandings,

representations or warranties relating to the subject matter hereof.

15.2 Each Party warrants to the other that it has not relied on any such

communications, understandings, representations or warranties in entering into

this Agreement.

15.3 Notwithstanding anything contained herein to the contrary, the provisions

of Clauses 4, 7, 9 and any other Clauses which are intended to survive

termination shall survive termination of the Agreement and shall continue in full

force and effect thereafter.

16 ASSIGNMENT/SUB-CONTRACTING/AGENCY

16.1 You shall not be entitled to assign, sub-contract or otherwise

transfer your rights or obligations under this Agreement whether in whole or in part

without the Licensor’s prior written consent.

16.2 The Licensor shall be entitled to assign its rights hereunder (in whole or

in part) to any person, partnership or company.

16.3 This Agreement shall be binding upon and inure for the benefit of the

Parties and their respective permitted successors and assigns.

17 THIRD PARTY RIGHTS

A person who is not a Party to this Agreement has no rights under the

Contracts (Rights of Third Parties) Act 1999 to enforce any term of this

Agreement but this does not affect any right or remedy of a third party

which exists or is available apart from that Act.

18 PUBLICITY

The Parties agree to keep confidential the terms of this Agreement, and

neither Party shall make any announcement in relation to this Agreement

or otherwise publicise its existence or its contents or use or refer to the

name, trade mark or trade name of the other Party in any disclosure

without the prior written consent of the other Party such consent not to

be unreasonably withheld or delayed. A Party shall be entitled to

withhold such consent and shall be under no obligation to provide any

explanation for such action.

19 AMENDMENTS

No amendment to this Agreement whether oral or written shall be binding

on either Party unless in writing and signed on behalf of the Parties.

20 GOVERNING LAW AND JURISDICTION

20.1 This Agreement shall be governed by and construed in accordance with

English law.

20.2 It is irrevocably agreed that the English courts shall have non-exclusive

jurisdiction as regards any claim or matter arising out of or in connection with

this Agreement.

21 NO PARTNERSHIP/AGENCY

Nothing in this Agreement is intended to or shall operate to create a

partnership or joint venture of any kind between the Parties, or to

authorise either Party to act as agent for the other.

22 THIRD PARTY SOFTWARE

22.1 CellDEK software uses libraries and other components from the LibUSB-Win32

project.

The library is distributed under the terms of the GNU Lesser General Public License

(LGPL).

The other components are distributed under the terms of the GNU General Public

License (GPL).

These licenses are available to read at the LibUSB-Win32 project home-page

www.libusb-win32.sourceforge.net.

22.2.1 The End User License is provided as a paper license along with the CellDEK device.

By using the Software You agree to be bound by the terms of the End User Liclense

Agreement.

Additional copies of this license are also available from Logicube.

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