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COPYRIGHT LICENSE
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NOKIA CORPORATION END-USER SOFTWARE AGREEMENT FOR
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CARBIDE.C++ AND ASSOCIATED ON-DEVICE APPLICATIONS
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This Software Agreement ("Agreement") is between You (either an
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individual or an entity), the End User, and Nokia Corporation
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("Nokia"). The Agreement authorizes You to use the Software specified
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in Clause 1 below, which may be stored on a CD-ROM, sent to You by
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electronic mail, or downloaded from Nokia's Web pages or Servers or
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from other sources under the terms and conditions set forth below.
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This is an agreement on end-user rights and not an agreement for sale.
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Nokia continues to own the copy of the Software and the physical media
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contained in the sales package and any other copy that You are
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authorized to make pursuant to this Agreement.
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Read this Agreement carefully before installing, downloading, or using
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the Software. By clicking on the "I Accept" button while installing,
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downloading, and/or using the Software, You agree to the terms and
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conditions of this Agreement. If You do not agree to all of the terms
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and conditions of this Agreement, promptly click the "Decline" or
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"I Do Not Accept" button, cancel the installation or downloading, or
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destroy or return the Software and accompanying documentation to
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Nokia. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU
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HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS
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TERMS AND CONDITIONS.
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1. SOFTWARE.
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As used in this Agreement, the term "Software" means, collectively:
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(i) the software product identified above (ii) all the contents of the
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disk(s), CD-ROM(s), electronic mail and its file attachments, or other
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media with which this Agreement is provided, including the object code
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form of the software delivered via a CD-ROM, electronic mail, or Web
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page (iii) digital images, stock photographs, clip art, or other
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artistic works ("Stock Files") (iv) related explanatory written
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materials and any other possible documentation related thereto
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("Documentation"); (v) fonts, and (vi) upgrades, modified versions,
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updates, additions, and copies of the Software (collectively
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"Updates"), if any, licensed to You by Nokia under this Agreement.
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2. END USER RIGHTS AND USE.
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Nokia grants to You non-exclusive, non-transferable end-user rights to
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install the Software on the local hard disk(s) or other permanent
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storage media of one computer and use the Software on a single
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computer or terminal at a time.
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You acknowledge that the use of the Software may require licenses to
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third party patents and that Nokia does not grant any licenses to such
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third party patents under this Agreement to You. Also, any and
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all standards related licenses with respect to Essential Patents (as
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defined below) are specifically excluded from the scope of this
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Agreement, and those licenses need to be acquired separately from
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Nokia or the respective right holders, as the case may be. "Essential
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Patent" means any patent claiming a feature necessarily and
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unavoidably required for compliance with industry standards (usually
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GSM, WCDMA or other similar mobile communications standard), to the
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limited extent only that infringement or use of such claims of a
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patent cannot be avoided in remaining compliant with industry standard
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either for technological reasons or for lack of commercially viable
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technical alternatives.
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No patent licenses to any patents of Nokia and/ or its Affiliates are
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granted under this Agreement.
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3. LIMITATIONS ON END USER RIGHTS.
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You may not copy, distribute, or make derivative works of the Software
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except as follows:
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(a) You may make one copy of the Software on magnetic media as an
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archival backup copy, provided Your archival backup copy is not
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installed or used on any computer. Any other copies You make of the
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Software are in violation of this Agreement.
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(b) You may not use, modify, translate, reproduce, or transfer the
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right to use the Software or copy the Software except as expressly
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provided in this Agreement.
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(c) You may not resell, sublicense, rent, lease, or lend the Software.
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(d) You may not reverse engineer, reverse compile, disassemble, or
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otherwise attempt to discover the source code of the Software (except
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to the extent that this restriction is expressly prohibited by law) or
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create derivative works based on the Software.
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(e) Unless stated otherwise in the Documentation, You shall not
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display, modify, reproduce, or distribute any of the Stock Files
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included with the Software. In the event that the Documentation allows
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You to display the Stock Files, You shall not distribute the Stock
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Files on a stand-alone basis, i.e., in circumstances in which the
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Stock Files constitute the primary value of the product being
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distributed. You should review the "Readme" files associated with the
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Stock Files that You use to ascertain what rights You have with
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respect to such materials. Stock Files may not be used in the
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production of libelous, defamatory, fraudulent, infringing, lewd,
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obscene, or pornographic material or in any otherwise illegal manner.
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You may not register or claim any rights in the Stock Files or
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derivative works thereof.
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(f) You agree that You shall only use the Software in a manner that
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complies with all applicable laws in the jurisdiction in which You use
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the Software, including, but not limited to, applicable restrictions
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concerning copyright and other intellectual property rights.
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4. INTELLECTUAL PROPERTY RIGHTS.
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The Software and all rights, without limitation including title and
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intellectual property rights therein, are owned by Nokia and/or its
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licensors and affiliates and are protected by international treaty
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provisions and all other applicable national laws of the country in
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which it is being used. The structure, organization, and code of the
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Software are the valuable trade secrets and confidential information
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of Nokia and/or its licensors and affiliates. You must not copy the
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Software, except as set forth in clause 3 (Limitations On End-User
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Rights). Any copies which You are permitted to make pursuant to this
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Agreement must contain the same copyright and other proprietary
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notices that appear on the Software.
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5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE /
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DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES.
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If the Software supports multiple platforms or languages, if You
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receive the Software on multiple media, or if You otherwise receive
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multiple copies of the Software, the number of computers on which all
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versions of the Software are installed shall be one computer. You may
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not rent, lease, sublicense, lend, or transfer versions or copies of
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the Software You do not use. If the Software is an Update to a
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previous version of the Software, You must possess valid end-user
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rights to such a previous version in order to use the Update, and You
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may use the previous version for ninety (90) days after You receive
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the Update in order to assist You in the transition to the Update.
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After such time You no longer have a right to use the previous
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version, except for the sole purpose of enabling You to install the
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Update.
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6. COMMENCEMENT AND TERMINATION.
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This Agreement is effective from the first date You install the
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Software. You may terminate this Agreement at any time by permanently
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deleting, destroying, and returning, at Your own cost, the Software,
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all backup copies, and all related materials provided by Nokia. Your
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end-user rights automatically and immediately terminate without notice
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from Nokia if You fail to comply with any provision of this Agreement.
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In such an event, You must immediately delete, destroy, or return at
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Your own cost, the Software, all backup copies, and all related
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material to Nokia.
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7. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
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WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT
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PERMITTED BY APPLICABLE LAW NEITHER NOKIA, ITS LICENSORS OR
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AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR
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WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
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WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
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THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS,
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COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY NOKIA
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OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
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WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL
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BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK
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FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND
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FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.
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8. NO OTHER OBLIGATIONS.
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This Agreement creates no obligations on the part of Nokia other than
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as specifically set forth herein.
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9. LIMITATION OF LIABILITY.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
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NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST
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PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE
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GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF
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BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT,
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INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR
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CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER
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CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT
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OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NOKIA OR ITS
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LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH
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CASES, NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY
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SHALL BE LIMITED TO U.S. $50.
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Nothing contained in this Agreement shall prejudice the statutory
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rights of any party dealing as a consumer.
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Nothing contained in this Agreement limits Nokia's liability to You in
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the event of death or personal injury resulting from Nokia's
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negligence. Nokia is acting on behalf of its employees and licensors
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or affiliates for the purpose of disclaiming, excluding, and/or
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restricting obligations, warranties, and liability as provided in this
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clause 9, but in no other respects and for no other purpose.
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10. TECHNICAL SUPPORT.
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Nokia has no obligation to furnish You with technical support unless
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separately agreed in writing between You and Nokia.
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11. EXPORT CONTROL.
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The Software, including technical data, includes cryptographic
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software subject to export controls under the U.S. Export
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Administration Regulations ("EAR") and may be subject to import or
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export controls in other countries. The EAR prohibits the use of the
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Software and technical data by a Government End User, as defined
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hereafter, without a license from the U.S. government. A Government
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End User is defined in Part 772 of the EAR as "any foreign central,
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regional, or local government department, agency, or other entity
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performing governmental functions; including governmental research
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institutions, governmental corporations, or their separate business
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units (as defined in part 772 of the EAR) which are engaged in the
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manufacture or distribution of items or services controlled on the
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Wassenaar Munitions List, and international governmental
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organizations. This term does not include: utilities
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(telecommunications companies and Internet service providers; banks
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and financial institutions; transportation; broadcast or
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entertainment; educational organizations; civil health and medical
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organizations; retail or wholesale firms; and manufacturing or
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industrial entities not engaged in the manufacture or distribution of
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items or services controlled on the Wassenaar Munitions List.)" You
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agree to strictly comply with all applicable import and export
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regulations and acknowledge that You have the responsibility to obtain
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licenses to export, re-export, transfer, or import the Software. You
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further represent that You are not a Government End User as defined
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above, and You will not transfer the Software to any Government End
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User without a license.
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12. NOTICES.
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All notices and return of the Software and Documentation should be
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delivered to:
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NOKIA CORPORATION
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P.O. Box 100
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FIN-00045 NOKIA GROUP
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FINLAND
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13. APPLICABLE LAW AND GENERAL PROVISIONS.
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This Agreement is governed by the laws of Finland. All disputes
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arising from or relating to this Agreement shall be settled by a
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single arbitrator appointed by the Central Chamber of Commerce of
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Finland. The arbitration procedure shall take place in Helsinki,
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Finland in the English language. If any part of this Agreement is
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found void and unenforceable, it will not affect the validity of the
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balance of the Agreement, which shall remain valid and enforceable
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according to its terms. This Agreement may only be modified in writing
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signed by an authorized officer of Nokia.
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This is the entire agreement between Nokia and You relating to the
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Software, and it supersedes any prior representations, discussions,
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undertakings, end-user agreements, communications, or advertising
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relating to the Software.
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PLEASE SUBMIT ANY ACCOMPANYING REGISTRATION FORMS TO RECEIVE
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REGISTRATION BENEFITS WHERE APPLICABLE.
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14. COPYRIGHT NOTICES
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This product includes certain open source or other software
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originating from third parties that may be subject to the GNU
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General Public License (GPL) and different and/oradditional
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copyright licenses, disclaimers and notices. The exact terms
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of GPL and some other licenses, disclaimers and notices are
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reproduced in the materials provided with this product and are
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also available at http://tools.ext.nokia.com/oss/ . Please refer
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to the exact terms of the GPL regarding your rights under said
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license. You may obtain a complete corresponding machine-readable
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copy of the source code of such software under GPL and some other
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open source licenses allowing source code distribution at
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http://tools.ext.nokia.com/oss/ . Alternatively, Nokia offers
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to provide such source code to you on CD-ROM for a charge covering
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the cost of performing such distribution, such as the cost of media,
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shipping and handling, upon written request to Nokia at 701 Brazos St.,
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Suite 1000, Austin, TX 78701. This offer is valid for a period of
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three (3) years from the date of the distribution of this product by Nokia.