Fujitsu Siemens Computers
End User Software License Agreement


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. 
FUJITSU SIEMENS COMPUTERS WILL LICENSE THE SOFTWARE TO YOU ONLY IF 
YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY USING THE SOFTWARE 
YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS 
AGREEMENT, PROMPTLY REMOVE THE SOFTWARE FROM YOUR SYSTEM AND 
DESTROY THE DATA CARRIER. .

The term "Software" means the original program presently known as DeskView Client 6, in 
Object Code running under the operating systems Microsoft Windows XP, Microsoft 
Windows Vista and Windows Server 2003 and all whole or partial copies of it. 
Software consists of machine-readable instructions or printed documentation, its 
components, data, audio-visual content (such as images, text, recordings, or pictures), and 
related licensed materials.

The following terms govern the use of the enclosed Software unless you have a separate 
written agreement with Fujitsu Siemens Computers regarding Software License.


1. License

Fujitsu Siemens Computers grants you a non-exclusive, non-transferable license to use the 
Software on Fujitsu Siemens Computers hardware . If the Software is licensed for a defined 
number of users, it is not allowed to use the Software by more than the maximum number of 
authorized users.

You may use the Software to the extent of authorizations you have acquired and make one 
copy of the Software as an archival backup copy, providing you reproduce the copyright 
notice and any other legends of ownership on each copy, or partial copy, of the Software.

You will ensure that anyone who uses the Software does so only in compliance with the 
terms of this Agreement.

You may not use, copy, modify, or distribute the Software except as provided in this 
Agreement; reverse assemble, reverse compile, or otherwise translate the Software except 
as specifically permitted by law without the possibility of contractual waiver; or sublicense, 
resell, rent, lend or lease the Software.

If you acquire this Software as a program upgrade, your authorization to use the Software 
from which you upgraded is terminated.


2. Copyright

All rights, proprietary rights, title and interest in and to the Software (and any part thereof), 
other than those expressly granted herein, shall remain wholly vested in Fujitsu Siemens 
Computers or its third party licensors. You acknowledge that you have no rights whatsoever 
in respect of the Software save for those expressly granted to you by this Agreement.

Nothing in this Agreement entitles you to use any trademark of FUJITSU SIEMENS 
COMPUTERS, its third party licensors or any other mark confusingly similar thereto, without 
the express written consent of Fujitsu Siemens Computers.


3. Warranty

SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, 
FUJITSU SIEMENS COMPUTERS PROVIDES THE SOFTWARE TO YOU AS IS AND 
MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, 
INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND 
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 
PARTICULAR PURPOSE, REGARDING THE SOFTWARE OR TECHNICAL SUPPORT, IF 
ANY. 

The Software is not fault-tolerant and not designed, manufactured or intended for use with 
online control equipment in hazardous environments requiring fail-safe performance, such as 
in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic 
control, direct life support machines, or weapon systems, in which the failure of Software 
could lead directly to death, personal injury, or severe physical, property or environmental 
damage (High Risk Activities). You specifically disclaim any express or implied warranty of 
fitness for High Risk Activities.

The exclusion also applies to any of Fujitsu Siemens Computers' subcontractors, suppliers, 
or program developers (collectively called "Suppliers").


4. Limitation of Liability

NEITHER FUJITSU SIEMENS COMPUTERS NOR ITS SUPPLIERS WILL BE LIABLE FOR 
ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, BUSINESS 
INTERRUPTION OR LOST REVENUE, LOSS OF PROFITS OR SALES, LOST DATA, 
COST OF CAPITAL, OR FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR 
CONSEQUENTIAL DAMAGES OR FOR ANY OTHER LOSS, COSTS OR EXPENSES OF A 
SIMILAR TYPE, ARISINF OUT OF THE POSSESSION, SELLING, USE, INABILITY TO 
USE, OR THE RESULTS OF USE OF THE SOFTWARE, WETHER BASED ON 
WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF FUJITSU 
SIEMENS COMPUTERS IS INFORMED OF THEIR POSSIBILITY.
SOME JURISDICTIONS AND APPLICABLE LAW DO NOT ALLOW THE EXCLUSION OR 
LIMITATION OF LIABILITY TO THE EXTEND STATED ABOVE, SO THE ABOVE 
EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.


5. General

Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or 
limited by contract.

Fujitsu Siemens Computers may terminate your license if you fail to comply with the terms of 
this Agreement. If Fujitsu Siemens Computers does so, you must immediately destroy the 
Software and all copies you made of it.

You may not export or re-export the Software or any copy in violation of any applicable 
export laws and regulations.

Neither you nor Fujitsu Siemens Computers is responsible for failure to fulfil any obligations 
due to causes beyond its control (force majeure).

This license does not entitle you to receive upgrades, updates or technical support. Such 
service may be purchased separately from Fujitsu Siemens Computers or its Suppliers. 

The laws of the country in which you acquire the Software govern this Agreement, except 1) 
in Australia, the laws of the State or Territory in which the transaction is performed govern 
this Agreement; 2) in Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, 
Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia, Former Yugoslav Republic of 
Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, 
Ukraine, and Federal Republic of Yugoslavia, the laws of Germany govern this Agreement; 
3) in the United Kingdom, all disputes relating to this Agreement will be governed by English 
Law and will be submitted to the exclusive jurisdiction of the English courts; 4) in Canada, the 
laws in the Province of Ontario govern this Agreement; and 5) in the United States and 
Puerto Rico, and People's Republic of China, the laws of the State of New York govern this 
Agreement.

6. Germany  country specific terms

For Germany the following paragraphs are added to:

*	Section 3  Warranty

Software shall only be considered as non-conforming, if there are deviations from the 
program specifications defined in the product information sheet, the relevant error occurring 
in the last correction release supplied to you. Unless agreed otherwise selection, installation, 
viability of particular chosen combination or configuration, use of the Software and the results 
intended to be achieved hereby are within your sole responsibility.

FOR FREE OR EVALUATION SOFTWARE ONLY:
Except for fraudulent concealment of a defect Fujitsu Siemens Computers has no warranty 
obligations for the Software, whether for deficiencies in title or quality. 

FOR PURCHASED SOFTWARE ONLY:
The minimum warranty period for Software is twelve months.

Software errors shall be remedied by providing a correction release of the Software or by 
circumventing the error. You shall supply Fujitsu Siemens Computers with all necessary 
information and documentation in your possession to rectify the error. Pending 
implementation of a new correction release, Fujitsu Siemens Computers shall provide an 
interim solution to circumvent the error unless this is impossible or disproportionate to Fujitsu 
Siemens Computers.

With respect to Software, which has been extended via interfaces released by Fujitsu 
Siemens Computers for this purpose, the warranty shall cover the software up to, but not 
exceeding such interface. All warranties shall be excluded if you modified or repaired the 
Software improperly, unless you prove that such modifications or repairs were not the cause 
of the defect 

All warranty obligations of Fujitsu Siemens Computers shall exclude defects or damages 
directly attributable to normal wear and tear, incorrect, negligent or improper handling, 
improper storage, excessive load in particular loads not considered by the respective product 
specification, as well as defects or damages basing operating errors not within the 
responsibility of Fujitsu Siemens Computers or any other specific external factors and non-
reproducible Software errors. 

In the event of Fujitsu Siemens Computers failure to remedy the lack of conformity within a 
reasonable time and in a reasonable manner you have the right to a price reduction or 
rescission of the respective purchase contract for the Software.

*	Section 4  Limitation of Liability

The limitations and exclusions specified in this agreement will not apply to damages where 
liability of Fujitsu Siemens Computers is mandatory at German law e.g. for personal injury, 
according to product liability, in case of gross negligence, intent, fraudulent 
misrepresentation or expressed guaranties.

Any liability of Fujitsu Siemens Computers arising out of slight negligent breaches of any 
fundamental contractual obligations shall be limited to the typical and foreseeable damage.





End User Software License Agreement		Last Update 07.07.2007 / AS
