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author | Alexis Menard <alexis.menard@nokia.com> | 2009-04-17 14:06:06 (GMT) |
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committer | Alexis Menard <alexis.menard@nokia.com> | 2009-04-17 14:06:06 (GMT) |
commit | f15b8a83e2e51955776a3f07cb85ebfc342dd8ef (patch) | |
tree | c5dc684986051654898db11ce73e03b9fec8db99 /LICENSE.PREVIEW.COMMERCIAL | |
download | Qt-f15b8a83e2e51955776a3f07cb85ebfc342dd8ef.zip Qt-f15b8a83e2e51955776a3f07cb85ebfc342dd8ef.tar.gz Qt-f15b8a83e2e51955776a3f07cb85ebfc342dd8ef.tar.bz2 |
Initial import of statemachine branch from the old kinetic repository
Diffstat (limited to 'LICENSE.PREVIEW.COMMERCIAL')
-rw-r--r-- | LICENSE.PREVIEW.COMMERCIAL | 642 |
1 files changed, 642 insertions, 0 deletions
diff --git a/LICENSE.PREVIEW.COMMERCIAL b/LICENSE.PREVIEW.COMMERCIAL new file mode 100644 index 0000000..7f7b234 --- /dev/null +++ b/LICENSE.PREVIEW.COMMERCIAL @@ -0,0 +1,642 @@ +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. + + + + |