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authorLars Knoll <lars.knoll@nokia.com>2009-03-23 09:18:55 (GMT)
committerSimon Hausmann <simon.hausmann@nokia.com>2009-03-23 09:18:55 (GMT)
commite5fcad302d86d316390c6b0f62759a067313e8a9 (patch)
treec2afbf6f1066b6ce261f14341cf6d310e5595bc1 /LICENSE.PREVIEW.COMMERCIAL
downloadQt-e5fcad302d86d316390c6b0f62759a067313e8a9.zip
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+TECHNOLOGY PREVIEW LICENSE AGREEMENT
+
+For individuals and/or legal entities resident in the Americas (North
+America, Central America and South America), the applicable licensing
+terms are specified under the heading "Technology Preview License
+Agreement: The Americas".
+
+For individuals and/or legal entities not resident in The Americas,
+the applicable licensing terms are specified under the heading
+"Technology Preview License Agreement: Rest of the World".
+
+
+TECHNOLOGY PREVIEW LICENSE AGREEMENT: The Americas
+Agreement version 2.3
+
+This Technology Preview License Agreement ("Agreement") is a legal
+agreement between Nokia Inc. ("Nokia"), with its registered office at
+6021 Connection Drive, Irving, TX 75039, U.S.A. and you (either an
+individual or a legal entity) ("Licensee") for the Licensed Software
+(as defined below).
+
+
+1. DEFINITIONS
+
+"Affiliate" of a Party shall mean an entity (i) which is directly or
+indirectly controlling such Party; (ii) which is under the same direct
+or indirect ownership or control as such Party; or (iii) which is
+directly or indirectly owned or controlled by such Party. For these
+purposes, an entity shall be treated as being controlled by another if
+that other entity has fifty percent (50 %) or more of the votes in
+such entity, is able to direct its affairs and/or to control the
+composition of its board of directors or equivalent body.
+
+"Term" shall mean the period of time six (6) months from the later of
+(a) the Effective Date; or (b) the date the Licensed Software was
+initially delivered to Licensee by Nokia. If no specific Effective
+Date is set forth in the Agreement, the Effective Date shall be deemed
+to be the date the Licensed Software was initially delivered to
+Licensee.
+
+"Licensed Software" shall mean the computer software, "online" or
+electronic documentation, associated media and printed materials,
+including the source code, example programs and the documentation
+delivered by Nokia to Licensee in conjunction with this Agreement.
+
+"Party" or "Parties" shall mean Licensee and/or Nokia.
+
+
+2. OWNERSHIP
+
+The Licensed Software is protected by copyright laws and international
+copyright treaties, as well as other intellectual property laws and
+treaties. The Licensed Software is licensed, not sold.
+
+If Licensee provides any findings, proposals, suggestions or other
+feedback ("Feedback") to Nokia regarding the Licensed Software, Nokia
+shall own all right, title and interest including the intellectual
+property rights in and to such Feedback, excluding however any
+existing patent rights of Licensee. To the extent Licensee owns or
+controls any patents for such Feedback Licensee hereby grants to Nokia
+and its Affiliates, a worldwide, perpetual, non-transferable,
+sublicensable, royalty-free license to (i) use, copy and modify
+Feedback and to create derivative works thereof, (ii) to make (and
+have made), use, import, sell, offer for sale, lease, dispose, offer
+for disposal or otherwise exploit any products or services of Nokia
+containing Feedback,, and (iii) sublicense all the foregoing rights to
+third party licensees and customers of Nokia and/or its Affiliates.
+
+
+3. VALIDITY OF THE AGREEMENT
+
+By installing, copying, or otherwise using the Licensed Software,
+Licensee agrees to be bound by the terms of this Agreement. If
+Licensee does not agree to the terms of this Agreement, Licensee may
+not install, copy, or otherwise use the Licensed Software. Upon
+Licensee's acceptance of the terms and conditions of this Agreement,
+Nokia grants Licensee the right to use the Licensed Software in the
+manner provided below.
+
+
+4. LICENSES
+
+4.1 Using and Copying
+
+Nokia grants to Licensee a non-exclusive, non-transferable,
+time-limited license to use and copy the Licensed Software for sole
+purpose of evaluating and testing the Licensed Software during the
+Term.
+
+Licensee may install copies of the Licensed Software on an unlimited
+number of computers provided that (a) if an individual, only such
+individual; or (b) if a legal entity only its employees; use the
+Licensed Software for the authorized purposes.
+
+4.2 No Distribution or Modifications
+
+Licensee may not disclose, modify, sell, market, commercialise,
+distribute, loan, rent, lease, or license the Licensed Software or any
+copy of it or use the Licensed Software for any purpose that is not
+expressly granted in this Section 4. Licensee may not alter or remove
+any details of ownership, copyright, trademark or other property right
+connected with the Licensed Software. Licensee may not distribute any
+software statically or dynamically linked with the Licensed Software.
+
+4.3 No Technical Support
+
+Nokia has no obligation to furnish Licensee with any technical support
+whatsoever. Any such support is subject to separate agreement between
+the Parties.
+
+
+5. PRE-RELEASE CODE
+
+The Licensed Software contains pre-release code that is not at the
+level of performance and compatibility of a final, generally
+available, product offering. The Licensed Software may not operate
+correctly and may be substantially modified prior to the first
+commercial product release, if any. Nokia is not obligated to make
+this or any later version of the Licensed Software commercially
+available. The License Software is "Not for Commercial Use" and may
+only be used for the purposes described in Section 4. The Licensed
+Software may not be used in a live operating environment where it may
+be relied upon to perform in the same manner as a commercially
+released product or with data that has not been sufficiently backed
+up.
+
+
+6. THIRD PARTY SOFTWARE
+
+The Licensed Software may provide links to third party libraries or
+code (collectively "Third Party Software") to implement various
+functions. Third Party Software does not comprise part of the
+Licensed Software. In some cases, access to Third Party Software may
+be included along with the Licensed Software delivery as a convenience
+for development and testing only. Such source code and libraries may
+be listed in the ".../src/3rdparty" source tree delivered with the
+Licensed Software or documented in the Licensed Software where the
+Third Party Software is used, as may be amended from time to time, do
+not comprise the Licensed Software. Licensee acknowledges (1) that
+some part of Third Party Software may require additional licensing of
+copyright and patents from the owners of such, and (2) that
+distribution of any of the Licensed Software referencing any portion
+of a Third Party Software may require appropriate licensing from such
+third parties.
+
+
+7. LIMITED WARRANTY AND WARRANTY DISCLAIMER
+
+The Licensed Software is licensed to Licensee "as is". To the maximum
+extent permitted by applicable law, Nokia on behalf of itself and its
+suppliers, disclaims all warranties and conditions, either express or
+implied, including, but not limited to, implied warranties of
+merchantability, fitness for a particular purpose, title and
+non-infringement with regard to the Licensed Software.
+
+
+8. LIMITATION OF LIABILITY
+
+If, Nokia's warranty disclaimer notwithstanding, Nokia is held liable
+to Licensee, whether in contract, tort or any other legal theory,
+based on the Licensed Software, Nokia's entire liability to Licensee
+and Licensee's exclusive remedy shall be, at Nokia's option, either
+(A) return of the price Licensee paid for the Licensed Software, or
+(B) repair or replacement of the Licensed Software, provided Licensee
+returns to Nokia all copies of the Licensed Software as originally
+delivered to Licensee. Nokia shall not under any circumstances be
+liable to Licensee based on failure of the Licensed Software if the
+failure resulted from accident, abuse or misapplication, nor shall
+Nokia under any circumstances be liable for special damages, punitive
+or exemplary damages, damages for loss of profits or interruption of
+business or for loss or corruption of data. Any award of damages from
+Nokia to Licensee shall not exceed the total amount Licensee has paid
+to Nokia in connection with this Agreement.
+
+
+9. CONFIDENTIALITY
+
+Each party acknowledges that during the Term of this Agreement it
+shall have access to information about the other party's business,
+business methods, business plans, customers, business relations,
+technology, and other information, including the terms of this
+Agreement, that is confidential and of great value to the other party,
+and the value of which would be significantly reduced if disclosed to
+third parties (the "Confidential Information"). Accordingly, when a
+party (the "Receiving Party") receives Confidential Information from
+another party (the "Disclosing Party"), the Receiving Party shall, and
+shall obligate its employees and agents and employees and agents of
+its Affiliates to: (i) maintain the Confidential Information in strict
+confidence; (ii) not disclose the Confidential Information to a third
+party without the Disclosing Party's prior written approval; and (iii)
+not, directly or indirectly, use the Confidential Information for any
+purpose other than for exercising its rights and fulfilling its
+responsibilities pursuant to this Agreement. Each party shall take
+reasonable measures to protect the Confidential Information of the
+other party, which measures shall not be less than the measures taken
+by such party to protect its own confidential and proprietary
+information.
+
+"Confidential Information" shall not include information that (a) is
+or becomes generally known to the public through no act or omission of
+the Receiving Party; (b) was in the Receiving Party's lawful
+possession prior to the disclosure hereunder and was not subject to
+limitations on disclosure or use; (c) is developed by the Receiving
+Party without access to the Confidential Information of the Disclosing
+Party or by persons who have not had access to the Confidential
+Information of the Disclosing Party as proven by the written records
+of the Receiving Party; (d) is lawfully disclosed to the Receiving
+Party without restrictions, by a third party not under an obligation
+of confidentiality; or (e) the Receiving Party is legally compelled to
+disclose the information, in which case the Receiving Party shall
+assert the privileged and confidential nature of the information and
+cooperate fully with the Disclosing Party to protect against and
+prevent disclosure of any Confidential Information and to limit the
+scope of disclosure and the dissemination of disclosed Confidential
+Information by all legally available means.
+
+The obligations of the Receiving Party under this Section shall
+continue during the Initial Term and for a period of five (5) years
+after expiration or termination of this Agreement. To the extent that
+the terms of the Non-Disclosure Agreement between Nokia and Licensee
+conflict with the terms of this Section 8, this Section 8 shall be
+controlling over the terms of the Non-Disclosure Agreement.
+
+
+10. GENERAL PROVISIONS
+
+10.1 No Assignment
+
+Licensee shall not be entitled to assign or transfer all or any of its
+rights, benefits and obligations under this Agreement without the
+prior written consent of Nokia, which shall not be unreasonably
+withheld.
+
+10.2 Termination
+
+Nokia may terminate the Agreement at any time immediately upon written
+notice by Nokia to Licensee if Licensee breaches this Agreement.
+
+Upon termination of this Agreement, Licensee shall return to Nokia all
+copies of Licensed Software that were supplied by Nokia. All other
+copies of Licensed Software in the possession or control of Licensee
+must be erased or destroyed. An officer of Licensee must promptly
+deliver to Nokia a written confirmation that this has occurred.
+
+10.3 Surviving Sections
+
+Any terms and conditions that by their nature or otherwise reasonably
+should survive a cancellation or termination of this Agreement shall
+also be deemed to survive. Such terms and conditions include, but are
+not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3,
+10.4, 10.5, 10.6, 10.7, and 10.8 of this Agreement.
+
+10.4 Entire Agreement
+
+This Agreement constitutes the complete agreement between the parties
+and supersedes all prior or contemporaneous discussions,
+representations, and proposals, written or oral, with respect to the
+subject matters discussed herein, with the exception of the
+non-disclosure agreement executed by the parties in connection with
+this Agreement ("Non-Disclosure Agreement"), if any, shall be subject
+to Section 8. No modification of this Agreement shall be effective
+unless contained in a writing executed by an authorized representative
+of each party. No term or condition contained in Licensee's purchase
+order shall apply unless expressly accepted by Nokia in writing. If
+any provision of the Agreement is found void or unenforceable, the
+remainder shall remain valid and enforceable according to its
+terms. If any remedy provided is determined to have failed for its
+essential purpose, all limitations of liability and exclusions of
+damages set forth in this Agreement shall remain in effect.
+
+10.5 Export Control
+
+Licensee acknowledges that the Licensed Software may be subject to
+export control restrictions of various countries. Licensee shall fully
+comply with all applicable export license restrictions and
+requirements as well as with all laws and regulations relating to the
+importation of the Licensed Software and shall procure all necessary
+governmental authorizations, including without limitation, all
+necessary licenses, approvals, permissions or consents, where
+necessary for the re-exportation of the Licensed Software.,
+
+10.6 Governing Law and Legal Venue
+
+This Agreement shall be governed by and construed in accordance with
+the federal laws of the United States of America and the internal laws
+of the State of New York without given effect to any choice of law
+rule that would result in the application of the laws of any other
+jurisdiction. The United Nations Convention on Contracts for the
+International Sale of Goods (CISG) shall not apply. Each Party (a)
+hereby irrevocably submits itself to and consents to the jurisdiction
+of the United States District Court for the Southern District of New
+York (or if such court lacks jurisdiction, the state courts of the
+State of New York) for the purposes of any action, claim, suit or
+proceeding between the Parties in connection with any controversy,
+claim, or dispute arising out of or relating to this Agreement; and
+(b) hereby waives, and agrees not to assert by way of motion, as a
+defense or otherwise, in any such action, claim, suit or proceeding,
+any claim that is not personally subject to the jurisdiction of such
+court(s), that the action, claim, suit or proceeding is brought in an
+inconvenient forum or that the venue of the action, claim, suit or
+proceeding is improper. Notwithstanding the foregoing, nothing in
+this Section 9.6 is intended to, or shall be deemed to, constitute a
+submission or consent to, or selection of, jurisdiction, forum or
+venue for any action for patent infringement, whether or not such
+action relates to this Agreement.
+
+10.7 No Implied License
+
+There are no implied licenses or other implied rights granted under
+this Agreement, and all rights, save for those expressly granted
+hereunder, shall remain with Nokia and its licensors. In addition, no
+licenses or immunities are granted to the combination of the Licensed
+Software with any other software or hardware not delivered by Nokia
+under this Agreement.
+
+10.8 Government End Users
+
+A "U.S. Government End User" shall mean any agency or entity of the
+government of the United States. The following shall apply if Licensee
+is a U.S. Government End User. The Licensed Software is a "commercial
+item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
+consisting of "commercial computer software" and "commercial computer
+software documentation," as such terms are used in 48 C.F.R. 12.212
+(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
+C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
+End Users acquire the Licensed Software with only those rights set
+forth herein. The Licensed Software (including related documentation)
+is provided to U.S. Government End Users: (a) only as a commercial
+end item; and (b) only pursuant to this Agreement.
+
+
+
+
+
+TECHNOLOGY PREVIEW LICENSE AGREEMENT: Rest of the World
+Agreement version 2.3
+
+This Technology Preview License Agreement ("Agreement") is a legal
+agreement between Nokia Corporation ("Nokia"), with its registered
+office at Keilalahdentie 4, 02150 Espoo, Finland and you (either an
+individual or a legal entity) ("Licensee") for the Licensed Software
+(as defined below).
+
+1. DEFINITIONS
+
+"Affiliate" of a Party shall mean an entity (i) which is directly or
+indirectly controlling such Party; (ii) which is under the same direct
+or indirect ownership or control as such Party; or (iii) which is
+directly or indirectly owned or controlled by such Party. For these
+purposes, an entity shall be treated as being controlled by another if
+that other entity has fifty percent (50 %) or more of the votes in
+such entity, is able to direct its affairs and/or to control the
+composition of its board of directors or equivalent body.
+
+"Term" shall mean the period of time six (6) months from the later of
+(a) the Effective Date; or (b) the date the Licensed Software was
+initially delivered to Licensee by Nokia. If no specific Effective
+Date is set forth in the Agreement, the Effective Date shall be deemed
+to be the date the Licensed Software was initially delivered to
+Licensee.
+
+"Licensed Software" shall mean the computer software, "online" or
+electronic documentation, associated media and printed materials,
+including the source code, example programs and the documentation
+delivered by Nokia to Licensee in conjunction with this Agreement.
+
+"Party" or "Parties" shall mean Licensee and/or Nokia.
+
+
+2. OWNERSHIP
+
+The Licensed Software is protected by copyright laws and international
+copyright treaties, as well as other intellectual property laws and
+treaties. The Licensed Software is licensed, not sold.
+
+If Licensee provides any findings, proposals, suggestions or other
+feedback ("Feedback") to Nokia regarding the Licensed Software, Nokia
+shall own all right, title and interest including the intellectual
+property rights in and to such Feedback, excluding however any
+existing patent rights of Licensee. To the extent Licensee owns or
+controls any patents for such Feedback Licensee hereby grants to Nokia
+and its Affiliates, a worldwide, perpetual, non-transferable,
+sublicensable, royalty-free license to (i) use, copy and modify
+Feedback and to create derivative works thereof, (ii) to make (and
+have made), use, import, sell, offer for sale, lease, dispose, offer
+for disposal or otherwise exploit any products or services of Nokia
+containing Feedback,, and (iii) sublicense all the foregoing rights to
+third party licensees and customers of Nokia and/or its Affiliates.
+
+
+3. VALIDITY OF THE AGREEMENT
+
+By installing, copying, or otherwise using the Licensed Software,
+Licensee agrees to be bound by the terms of this Agreement. If
+Licensee does not agree to the terms of this Agreement, Licensee may
+not install, copy, or otherwise use the Licensed Software. Upon
+Licensee's acceptance of the terms and conditions of this Agreement,
+Nokia grants Licensee the right to use the Licensed Software in the
+manner provided below.
+
+
+4. LICENSES
+
+4.1 Using and Copying
+
+Nokia grants to Licensee a non-exclusive, non-transferable,
+time-limited license to use and copy the Licensed Software for sole
+purpose of evaluating and testing the Licensed Software during the
+Term.
+
+Licensee may install copies of the Licensed Software on an unlimited
+number of computers provided that (a) if an individual, only such
+individual; or (b) if a legal entity only its employees; use the
+Licensed Software for the authorized purposes.
+
+4.2 No Distribution or Modifications
+
+Licensee may not disclose, modify, sell, market, commercialise,
+distribute, loan, rent, lease, or license the Licensed Software or any
+copy of it or use the Licensed Software for any purpose that is not
+expressly granted in this Section 4. Licensee may not alter or remove
+any details of ownership, copyright, trademark or other property right
+connected with the Licensed Software. Licensee may not distribute any
+software statically or dynamically linked with the Licensed Software.
+
+4.3 No Technical Support
+
+Nokia has no obligation to furnish Licensee with any technical support
+whatsoever. Any such support is subject to separate agreement between
+the Parties.
+
+
+5. PRE-RELEASE CODE
+
+The Licensed Software contains pre-release code that is not at the
+level of performance and compatibility of a final, generally
+available, product offering. The Licensed Software may not operate
+correctly and may be substantially modified prior to the first
+commercial product release, if any. Nokia is not obligated to make
+this or any later version of the Licensed Software commercially
+available. The License Software is "Not for Commercial Use" and may
+only be used for the purposes described in Section 4. The Licensed
+Software may not be used in a live operating environment where it may
+be relied upon to perform in the same manner as a commercially
+released product or with data that has not been sufficiently backed
+up.
+
+
+6. THIRD PARTY SOFTWARE
+
+The Licensed Software may provide links to third party libraries or
+code (collectively "Third Party Software") to implement various
+functions. Third Party Software does not comprise part of the
+Licensed Software. In some cases, access to Third Party Software may
+be included along with the Licensed Software delivery as a convenience
+for development and testing only. Such source code and libraries may
+be listed in the ".../src/3rdparty" source tree delivered with the
+Licensed Software or documented in the Licensed Software where the
+Third Party Software is used, as may be amended from time to time, do
+not comprise the Licensed Software. Licensee acknowledges (1) that
+some part of Third Party Software may require additional licensing of
+copyright and patents from the owners of such, and (2) that
+distribution of any of the Licensed Software referencing any portion
+of a Third Party Software may require appropriate licensing from such
+third parties.
+
+
+7. LIMITED WARRANTY AND WARRANTY DISCLAIMER
+
+The Licensed Software is licensed to Licensee "as is". To the maximum
+extent permitted by applicable law, Nokia on behalf of itself and its
+suppliers, disclaims all warranties and conditions, either express or
+implied, including, but not limited to, implied warranties of
+merchantability, fitness for a particular purpose, title and
+non-infringement with regard to the Licensed Software.
+
+
+8. LIMITATION OF LIABILITY
+
+If, Nokia's warranty disclaimer notwithstanding, Nokia is held liable
+to Licensee, whether in contract, tort or any other legal theory,
+based on the Licensed Software, Nokia's entire liability to Licensee
+and Licensee's exclusive remedy shall be, at Nokia's option, either
+(A) return of the price Licensee paid for the Licensed Software, or
+(B) repair or replacement of the Licensed Software, provided Licensee
+returns to Nokia all copies of the Licensed Software as originally
+delivered to Licensee. Nokia shall not under any circumstances be
+liable to Licensee based on failure of the Licensed Software if the
+failure resulted from accident, abuse or misapplication, nor shall
+Nokia under any circumstances be liable for special damages, punitive
+or exemplary damages, damages for loss of profits or interruption of
+business or for loss or corruption of data. Any award of damages from
+Nokia to Licensee shall not exceed the total amount Licensee has paid
+to Nokia in connection with this Agreement.
+
+
+9. CONFIDENTIALITY
+
+Each party acknowledges that during the Term of this Agreement it
+shall have access to information about the other party's business,
+business methods, business plans, customers, business relations,
+technology, and other information, including the terms of this
+Agreement, that is confidential and of great value to the other party,
+and the value of which would be significantly reduced if disclosed to
+third parties (the "Confidential Information"). Accordingly, when a
+party (the "Receiving Party") receives Confidential Information from
+another party (the "Disclosing Party"), the Receiving Party shall, and
+shall obligate its employees and agents and employees and agents of
+its Affiliates to: (i) maintain the Confidential Information in strict
+confidence; (ii) not disclose the Confidential Information to a third
+party without the Disclosing Party's prior written approval; and (iii)
+not, directly or indirectly, use the Confidential Information for any
+purpose other than for exercising its rights and fulfilling its
+responsibilities pursuant to this Agreement. Each party shall take
+reasonable measures to protect the Confidential Information of the
+other party, which measures shall not be less than the measures taken
+by such party to protect its own confidential and proprietary
+information.
+
+"Confidential Information" shall not include information that (a) is
+or becomes generally known to the public through no act or omission of
+the Receiving Party; (b) was in the Receiving Party's lawful
+possession prior to the disclosure hereunder and was not subject to
+limitations on disclosure or use; (c) is developed by the Receiving
+Party without access to the Confidential Information of the Disclosing
+Party or by persons who have not had access to the Confidential
+Information of the Disclosing Party as proven by the written records
+of the Receiving Party; (d) is lawfully disclosed to the Receiving
+Party without restrictions, by a third party not under an obligation
+of confidentiality; or (e) the Receiving Party is legally compelled to
+disclose the information, in which case the Receiving Party shall
+assert the privileged and confidential nature of the information and
+cooperate fully with the Disclosing Party to protect against and
+prevent disclosure of any Confidential Information and to limit the
+scope of disclosure and the dissemination of disclosed Confidential
+Information by all legally available means.
+
+The obligations of the Receiving Party under this Section shall
+continue during the Initial Term and for a period of five (5) years
+after expiration or termination of this Agreement. To the extent that
+the terms of the Non-Disclosure Agreement between Nokia and Licensee
+conflict with the terms of this Section 8, this Section 8 shall be
+controlling over the terms of the Non-Disclosure Agreement.
+
+
+10. GENERAL PROVISIONS
+
+10.1 No Assignment
+
+Licensee shall not be entitled to assign or transfer all or any of its
+rights, benefits and obligations under this Agreement without the
+prior written consent of Nokia, which shall not be unreasonably
+withheld.
+
+10.2 Termination
+
+Nokia may terminate the Agreement at any time immediately upon written
+notice by Nokia to Licensee if Licensee breaches this Agreement.
+
+Upon termination of this Agreement, Licensee shall return to Nokia all
+copies of Licensed Software that were supplied by Nokia. All other
+copies of Licensed Software in the possession or control of Licensee
+must be erased or destroyed. An officer of Licensee must promptly
+deliver to Nokia a written confirmation that this has occurred.
+
+10.3 Surviving Sections
+
+Any terms and conditions that by their nature or otherwise reasonably
+should survive a cancellation or termination of this Agreement shall
+also be deemed to survive. Such terms and conditions include, but are
+not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3,
+10.4, 10.5, 10.6, 10.7, and 10.8 of this Agreement.
+
+10.4 Entire Agreement
+
+This Agreement constitutes the complete agreement between the parties
+and supersedes all prior or contemporaneous discussions,
+representations, and proposals, written or oral, with respect to the
+subject matters discussed herein, with the exception of the
+non-disclosure agreement executed by the parties in connection with
+this Agreement ("Non-Disclosure Agreement"), if any, shall be subject
+to Section 8. No modification of this Agreement shall be effective
+unless contained in a writing executed by an authorized representative
+of each party. No term or condition contained in Licensee's purchase
+order shall apply unless expressly accepted by Nokia in writing. If
+any provision of the Agreement is found void or unenforceable, the
+remainder shall remain valid and enforceable according to its
+terms. If any remedy provided is determined to have failed for its
+essential purpose, all limitations of liability and exclusions of
+damages set forth in this Agreement shall remain in effect.
+
+10.5 Export Control
+
+Licensee acknowledges that the Licensed Software may be subject to
+export control restrictions of various countries. Licensee shall fully
+comply with all applicable export license restrictions and
+requirements as well as with all laws and regulations relating to the
+importation of the Licensed Software and shall procure all necessary
+governmental authorizations, including without limitation, all
+necessary licenses, approvals, permissions or consents, where
+necessary for the re-exportation of the Licensed Software.,
+
+10.6 Governing Law and Legal Venue
+
+This Agreement shall be construed and interpreted in accordance with
+the laws of Finland, excluding its choice of law provisions. Any
+disputes arising out of or relating to this Agreement shall be
+resolved in arbitration under the Rules of Arbitration of the Chamber
+of Commerce of Helsinki, Finland. The arbitration tribunal shall
+consist of one (1), or if either Party so requires, of three (3),
+arbitrators. The award shall be final and binding and enforceable in
+any court of competent jurisdiction. The arbitration shall be held in
+Helsinki, Finland and the process shall be conducted in the English
+language.
+
+10.7 No Implied License
+
+There are no implied licenses or other implied rights granted under
+this Agreement, and all rights, save for those expressly granted
+hereunder, shall remain with Nokia and its licensors. In addition, no
+licenses or immunities are granted to the combination of the Licensed
+Software with any other software or hardware not delivered by Nokia
+under this Agreement.
+
+10.8 Government End Users
+
+A "U.S. Government End User" shall mean any agency or entity of the
+government of the United States. The following shall apply if Licensee
+is a U.S. Government End User. The Licensed Software is a "commercial
+item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
+consisting of "commercial computer software" and "commercial computer
+software documentation," as such terms are used in 48 C.F.R. 12.212
+(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
+C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
+End Users acquire the Licensed Software with only those rights set
+forth herein. The Licensed Software (including related documentation)
+is provided to U.S. Government End Users: (a) only as a commercial
+end item; and (b) only pursuant to this Agreement.
+
+
+
+