IMPORTANT: READ CAREFULLY BEFORE INSTALLING,
DOWNLOADING OR USING THE SOFTWARE
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, 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 authorised 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 on 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
work ("Stock Files") (iv) related explanatory written materials and
any other possible documentation related thereto ("Documentation");
(v) fonts (vi) upgrades, modified versions, updates, additions (collectively
"Updates"), if any, licensed to You by Nokia under this Agreement.
2. END USER RIGHTS AND USE.
Nokia grants to You a non-exclusive, non-transferable end user right
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 and 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
"Read-Me" 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, of 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 a valid end user right to
such 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 back
up 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
event, You must immediately delete, destroy or return at Your own cost,
the Software, all backup copies and all related material to Nokia.
7.7. 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 OR LIMITATION 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 comply strictly 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 by a writing signed by an authorized officer of
Nokia, although Nokia may vary the terms of this Agreement.
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