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diff --git a/LICENSE.PREVIEW.COMMERCIAL b/LICENSE.PREVIEW.COMMERCIAL deleted file mode 100644 index 7f7b234..0000000 --- a/LICENSE.PREVIEW.COMMERCIAL +++ /dev/null @@ -1,642 +0,0 @@ -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. - - - - |