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