IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING,
OR USING THE SOFTWARE
NOKIA CORPORATION END-USER SOFTWARE AGREEMENT
This Software Agreement ("Agreement") is between You (either
an individual or an entity), the End User, and Nokia Corporation
("Nokia"). The Agreement authorizes You to use the Software
specified in Clause 1 below, which may be stored on a CD-ROM,
sent to You by electronic mail, or downloaded from Nokia's
Web pages or Servers or from other sources under the terms
and conditions set forth below. This is an agreement on
end-user rights and not an agreement for sale. Nokia continues
to own the copy of the Software and the physical media contained
in the sales package and any other copy that You are authorized
to make pursuant to this Agreement.
Read this Agreement carefully before installing, downloading,
or using the Software. By clicking on the "I Accept" button
while installing, downloading, and/or using the Software,
You agree to the terms and conditions of this Agreement.
If You do not agree to all of the terms and conditions of
this Agreement, promptly click the "Decline" or "I Do Not
Accept" button, cancel the installation or downloading,
or destroy or return the Software and accompanying documentation
to Nokia. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES
THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE
TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. SOFTWARE. As used in this Agreement, the term "Software"
means, collectively: (i) the software product identified
above (ii) all the contents of the disk(s), CD-ROM(s), electronic
mail and its file attachments, or other media with which
this Agreement is provided, including the object code form
of the software delivered via a CD-ROM, electronic mail,
or Web page (iii) digital images, stock photographs, clip
art, or other artistic works ("Stock Files") (iv) related
explanatory written materials and any other possible documentation
related thereto ("Documentation"); (v) fonts, and (vi) upgrades,
modified versions, updates, additions, and copies of the
Software (collectively "Updates"), if any, licensed to You
by Nokia under this Agreement.
2. END-USER RIGHTS AND USE. Nokia grants to You non-exclusive,
non-transferable end-user rights to install the Software
on the local hard disk(s) or other permanent storage media
of one computer and use the Software on a single computer
or terminal at a time.
3. LIMITATIONS ON END-USER RIGHTS. You may not copy, distribute,
or make derivative works of the Software except as follows:
(a) You may make one copy of the Software on magnetic media
as an archival backup copy, provided Your archival backup
copy is not installed or used on any computer. Any other
copies You make of the Software are in violation of this
Agreement.
(b) You may not use, modify, translate, reproduce, or transfer
the right to use the Software or copy the Software except
as expressly provided in this Agreement.
(c) You may not resell, sublicense, rent, lease, or lend
the Software.
(d) You may not reverse engineer, reverse compile, disassemble,
or otherwise attempt to discover the source code of the
Software (except to the extent that this restriction is
expressly prohibited by law) or create derivative works
based on the Software.
(e) Unless stated otherwise in the Documentation, You shall
not display, modify, reproduce, or distribute any of the
Stock Files included with the Software. In the event that
the Documentation allows You to display the Stock Files,
You shall not distribute the Stock Files on a stand-alone
basis, i.e., in circumstances in which the Stock Files constitute
the primary value of the product being distributed. You
should review the "Readme" files associated with the Stock
Files that You use to ascertain what rights You have with
respect to such materials. Stock Files may not be used in
the production of libelous, defamatory, fraudulent, infringing,
lewd, obscene, or pornographic material or in any otherwise
illegal manner. You may not register or claim any rights
in the Stock Files or derivative works thereof.
(f) You agree that You shall only use the Software in a
manner that complies with all applicable laws in the jurisdiction
in which You use the Software, including, but not limited
to, applicable restrictions concerning copyright and other
intellectual property rights.
4. COPYRIGHT. The Software and all rights, without limitation
including proprietary rights therein, are owned by Nokia
and/or its licensors and affiliates and are protected by
international treaty provisions and all other applicable
national laws of the country in which it is being used.
The structure, organization, and code of the Software are
the valuable trade secrets and confidential information
of Nokia and/or its licensors and affiliates. You must not
copy the Software, except as set forth in clause 3 (Limitations
On End-User Rights). Any copies which You are permitted
to make pursuant to this Agreement must contain the same
copyright and other proprietary notices that appear on the
Software.
5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE
/ DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES. If the
Software supports multiple platforms or languages, if You
receive the Software on multiple media, or if You otherwise
receive multiple copies of the Software, the number of computers
on which all versions of the Software are installed shall
be one computer. You may not rent, lease, sublicense, lend,
or transfer versions or copies of the Software You do not
use. If the Software is an Update to a previous version
of the Software, You must possess valid end-user rights
to such a previous version in order to use the Update, and
You may use the previous version for ninety (90) days after
You receive the Update in order to assist You in the transition
to the Update. After such time You no longer have a right
to use the previous version, except for the sole purpose
of enabling You to install the Update.
6. COMMENCEMENT & TERMINATION. This Agreement is effective
from the first date You install the Software. You may terminate
this Agreement at any time by permanently deleting, destroying,
and returning, at Your own costs, the Software, all backup
copies, and all related materials provided by Nokia. Your
end-user rights automatically and immediately terminate
without notice from Nokia if You fail to comply with any
provision of this Agreement. In such an event, You must
immediately delete, destroy, or return at Your own cost,
the Software, all backup copies, and all related material
to Nokia.
7. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER NOKIA,
ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE
ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL
NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS,
OR OTHER RIGHTS. THERE IS NO WARRANTY BY NOKIA OR BY ANY
OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME
ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE
TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION,
USE, AND RESULTS OBTAINED FROM IT.
8. NO OTHER OBLIGATIONS. This Agreement creates no obligations
on the part of Nokia other than as specifically set forth
herein.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL NOKIA, ITS EMPLOYEES
OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS,
REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION
OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL,
DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE,
SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER
ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY
OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE, EVEN IF NOKIA OR ITS LICENSORS OR AFFILIATES
ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN
SUCH CASES, NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES'
LIABILITY SHALL BE LIMITED TO U.S. $50.
Nothing contained in this Agreement shall prejudice the
statutory rights of any party dealing as a consumer. Nothing
contained in this Agreement limits Nokia's liability to
You in the event of death or personal injury resulting from
Nokia's negligence. Nokia is acting on behalf of its employees
and licensors or affiliates for the purpose of disclaiming,
excluding, and/or restricting obligations, warranties, and
liability as provided in this clause 9, but in no other
respects and for no other purpose.
10. TECHNICAL SUPPORT. Nokia has no obligation to furnish
You with technical support unless separately agreed in writing
between You and Nokia.
11. EXPORT CONTROL. The Software, including technical data,
includes cryptographic software subject to export controls
under the U.S. Export Administration Regulations ("EAR")
and may be subject to import or export controls in other
countries. The EAR prohibits the use of the Software and
technical data by a Government End User, as defined hereafter,
without a license from the U.S. government. A Government
End User is defined in Part 772 of the EAR as "any foreign
central, regional, or local government department, agency,
or other entity performing governmental functions; including
governmental research institutions, governmental corporations,
or their separate business units (as defined in part 772
of the EAR) which are engaged in the manufacture or distribution
of items or services controlled on the Wassenaar Munitions
List, and international governmental organizations. This
term does not include: utilities (telecommunications companies
and Internet service providers; banks and financial institutions;
transportation; broadcast or entertainment; educational
organizations; civil health and medical organizations; retail
or wholesale firms; and manufacturing or industrial entities
not engaged in the manufacture or distribution of items
or services controlled on the Wassenaar Munitions List.)"
You agree to strictly comply with all applicable import
and export regulations and acknowledge that You have the
responsibility to obtain licenses to export, re-export,
transfer, or import the Software. You further represent
that You are not a Government End User as defined above,
and You will not transfer the Software to any Government
End User without a license.
12. NOTICES. All notices and return of the Software and
Documentation should be delivered to:
NOKIA CORPORATION
P.O. Box 100
FIN-00045 NOKIA GROUP
FINLAND
13. APPLICABLE LAW & GENERAL PROVISIONS.
This Agreement is governed by the laws of Finland. All disputes
arising from or relating to this Agreement shall be settled
by a single arbitrator appointed by the Central Chamber
of Commerce of Finland. The arbitration procedure shall
take place in Helsinki, Finland in the English language.
If any part of this Agreement is found void and unenforceable,
it will not affect the validity of the balance of the Agreement,
which shall remain valid and enforceable according to its
terms. This Agreement may only be modified in writing by
an authorized officer of Nokia.
This is the entire agreement between Nokia and You relating
to the Software, and it supersedes any prior representations,
discussions, undertakings, end-user agreements, communications,
or advertising relating to the Software.
PLEASE SUBMIT ANY ACCOMPANYING REGISTRATION FORMS TO RECEIVE
REGISTRATION BENEFITS WHERE APPLICABLE