1                       COPYRIGHT LICENSE

     2 

     3       NOKIA CORPORATION END-USER SOFTWARE AGREEMENT FOR

     4       CARBIDE.C++ AND ASSOCIATED ON-DEVICE APPLICATIONS

     5 

     6 This Software Agreement ("Agreement") is between You (either an

     7 individual or an entity), the End User, and Nokia Corporation

     8 ("Nokia"). The Agreement authorizes You to use the Software specified

     9 in Clause 1 below, which may be stored on a CD-ROM, sent to You by

    10 electronic mail, or downloaded from Nokia's Web pages or Servers or

    11 from other sources under the terms and conditions set forth below.

    12 This is an agreement on end-user rights and not an agreement for sale.

    13 Nokia continues to own the copy of the Software and the physical media

    14 contained in the sales package and any other copy that You are

    15 authorized to make pursuant to this Agreement.

    16 

    17 Read this Agreement carefully before installing, downloading, or using

    18 the Software. By clicking on the "I Accept" button while installing,

    19 downloading, and/or using the Software, You agree to the terms and

    20 conditions of this Agreement. If You do not agree to all of the terms

    21 and conditions of this Agreement, promptly click the "Decline" or

    22 "I Do Not Accept" button, cancel the installation or downloading, or

    23 destroy or return the Software and accompanying documentation to

    24 Nokia. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU

    25 HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS

    26 TERMS AND CONDITIONS.

    27 

    28 

    29 1. SOFTWARE.

    30 

    31 As used in this Agreement, the term "Software" means, collectively:

    32 (i) the software product identified above (ii) all the contents of the

    33 disk(s), CD-ROM(s), electronic mail and its file attachments, or other

    34 media with which this Agreement is provided, including the object code

    35 form of the software delivered via a CD-ROM, electronic mail, or Web

    36 page (iii) digital images, stock photographs, clip art, or other

    37 artistic works ("Stock Files") (iv) related explanatory written

    38 materials and any other possible documentation related thereto

    39 ("Documentation"); (v) fonts, and (vi) upgrades, modified versions,

    40 updates, additions, and copies of the Software (collectively

    41 "Updates"), if any, licensed to You by Nokia under this Agreement.

    42 

    43 

    44 2. END USER RIGHTS AND USE.

    45 

    46 Nokia grants to You non-exclusive, non-transferable end-user rights to

    47 install the Software on the local hard disk(s) or other permanent

    48 storage media of one computer and use the Software on a single

    49 computer or terminal at a time.

    50 

    51 You acknowledge that the use of the Software may require licenses to

    52 third party patents and that Nokia does not grant any licenses to such

    53 third party patents under this Agreement to You.  Also, any and

    54 all standards related licenses with respect to Essential Patents (as

    55 defined below) are specifically excluded from the scope of this

    56 Agreement, and those licenses need to be acquired separately from

    57 Nokia or the respective right holders, as the case may be. "Essential

    58 Patent" means any patent claiming a feature necessarily and

    59 unavoidably required for compliance with industry standards (usually

    60 GSM, WCDMA or other similar mobile communications standard), to the

    61 limited extent only that infringement or use of such claims of a

    62 patent cannot be avoided in remaining compliant with industry standard

    63 either for technological reasons or for lack of commercially viable

    64 technical alternatives.

    65 

    66 No patent licenses to any patents of Nokia and/ or its Affiliates are

    67 granted under this Agreement.

    68 

    69 

    70 3. LIMITATIONS ON END USER RIGHTS.

    71 

    72 You may not copy, distribute, or make derivative works of the Software

    73 except as follows:

    74 

    75 (a) You may make one copy of the Software on magnetic media as an

    76 archival backup copy, provided Your archival backup copy is not

    77 installed or used on any computer. Any other copies You make of the

    78 Software are in violation of this Agreement.

    79 

    80 (b) You may not use, modify, translate, reproduce, or transfer the

    81 right to use the Software or copy the Software except as expressly

    82 provided in this Agreement.

    83 

    84 (c) You may not resell, sublicense, rent, lease, or lend the Software.

    85 

    86 (d) You may not reverse engineer, reverse compile, disassemble, or

    87 otherwise attempt to discover the source code of the Software (except

    88 to the extent that this restriction is expressly prohibited by law) or

    89 create derivative works based on the Software.

    90 

    91 (e) Unless stated otherwise in the Documentation, You shall not

    92 display, modify, reproduce, or distribute any of the Stock Files

    93 included with the Software. In the event that the Documentation allows

    94 You to display the Stock Files, You shall not distribute the Stock

    95 Files on a stand-alone basis, i.e., in circumstances in which the

    96 Stock Files constitute the primary value of the product being

    97 distributed. You should review the "Readme" files associated with the

    98 Stock Files that You use to ascertain what rights You have with

    99 respect to such materials. Stock Files may not be used in the

   100 production of libelous, defamatory, fraudulent, infringing, lewd,

   101 obscene, or pornographic material or in any otherwise illegal manner.

   102 You may not register or claim any rights in the Stock Files or

   103 derivative works thereof.

   104 

   105 (f) You agree that You shall only use the Software in a manner that

   106 complies with all applicable laws in the jurisdiction in which You use

   107 the Software, including, but not limited to, applicable restrictions

   108 concerning copyright and other intellectual property rights.

   109 

   110 

   111 4. INTELLECTUAL PROPERTY RIGHTS.

   112 

   113 The Software and all rights, without limitation including title and

   114 intellectual property rights therein, are owned by Nokia and/or its

   115 licensors and affiliates and are protected by international treaty

   116 provisions and all other applicable national laws of the country in

   117 which it is being used. The structure, organization, and code of the

   118 Software are the valuable trade secrets and confidential information

   119 of Nokia and/or its licensors and affiliates. You must not copy the

   120 Software, except as set forth in clause 3 (Limitations On End-User

   121 Rights). Any copies which You are permitted to make pursuant to this

   122 Agreement must contain the same copyright and other proprietary

   123 notices that appear on the Software.

   124 

   125 

   126 5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE /

   127 DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES.

   128 

   129 If the Software supports multiple platforms or languages, if You

   130 receive the Software on multiple media, or if You otherwise receive

   131 multiple copies of the Software, the number of computers on which all

   132 versions of the Software are installed shall be one computer. You may

   133 not rent, lease, sublicense, lend, or transfer versions or copies of

   134 the Software You do not use. If the Software is an Update to a

   135 previous version of the Software, You must possess valid end-user

   136 rights to such a previous version in order to use the Update, and You

   137 may use the previous version for ninety (90) days after You receive

   138 the Update in order to assist You in the transition to the Update.

   139 After such time You no longer have a right to use the previous

   140 version, except for the sole purpose of enabling You to install the

   141 Update.

   142 

   143 

   144 6. COMMENCEMENT AND TERMINATION.

   145 

   146 This Agreement is effective from the first date You install the

   147 Software. You may terminate this Agreement at any time by permanently

   148 deleting, destroying, and returning, at Your own cost, the Software,

   149 all backup copies, and all related materials provided by Nokia. Your

   150 end-user rights automatically and immediately terminate without notice

   151 from Nokia if You fail to comply with any provision of this Agreement.

   152 In such an event, You must immediately delete, destroy, or return at

   153 Your own cost, the Software, all backup copies, and all related

   154 material to Nokia.

   155 

   156 

   157 7. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT

   158 WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT

   159 PERMITTED BY APPLICABLE LAW NEITHER NOKIA, ITS LICENSORS OR

   160 AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR

   161 WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE

   162 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR

   163 THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS,

   164 COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY NOKIA

   165 OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE

   166 WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL

   167 BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK

   168 FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND

   169 FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.

   170 

   171 

   172 8. NO OTHER OBLIGATIONS.

   173 

   174 This Agreement creates no obligations on the part of Nokia other than

   175 as specifically set forth herein.

   176 

   177 

   178 9. LIMITATION OF LIABILITY.

   179 

   180 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL

   181 NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST

   182 PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE

   183 GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF

   184 BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT,

   185 INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR

   186 CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER

   187 CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT

   188 OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NOKIA OR ITS

   189 LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH

   190 DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE

   191 EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH

   192 CASES, NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY

   193 SHALL BE LIMITED TO U.S. $50.

   194 

   195 Nothing contained in this Agreement shall prejudice the statutory

   196 rights of any party dealing as a consumer.

   197 

   198 Nothing contained in this Agreement limits Nokia's liability to You in

   199 the event of death or personal injury resulting from Nokia's

   200 negligence. Nokia is acting on behalf of its employees and licensors

   201 or affiliates for the purpose of disclaiming, excluding, and/or

   202 restricting obligations, warranties, and liability as provided in this

   203 clause 9, but in no other respects and for no other purpose.

   204 

   205 

   206 10. TECHNICAL SUPPORT.

   207 

   208 Nokia has no obligation to furnish You with technical support unless

   209 separately agreed in writing between You and Nokia.

   210 

   211 

   212 

   213 11. EXPORT CONTROL.

   214 

   215 The Software, including technical data, includes cryptographic

   216 software subject to export controls under the U.S. Export

   217 Administration Regulations ("EAR") and may be subject to import or

   218 export controls in other countries. The EAR prohibits the use of the

   219 Software and technical data by a Government End User, as defined

   220 hereafter, without a license from the U.S. government. A Government

   221 End User is defined in Part 772 of the EAR as "any foreign central,

   222 regional, or local government department, agency, or other entity

   223 performing governmental functions; including governmental research

   224 institutions, governmental corporations, or their separate business

   225 units (as defined in part 772 of the EAR) which are engaged in the

   226 manufacture or distribution of items or services controlled on the

   227 Wassenaar Munitions List, and international governmental

   228 organizations. This term does not include: utilities

   229 (telecommunications companies and Internet service providers; banks

   230 and financial institutions; transportation; broadcast or

   231 entertainment; educational organizations; civil health and medical

   232 organizations; retail or wholesale firms; and manufacturing or

   233 industrial entities not engaged in the manufacture or distribution of

   234 items or services controlled on the Wassenaar Munitions List.)" You

   235 agree to strictly comply with all applicable import and export

   236 regulations and acknowledge that You have the responsibility to obtain

   237 licenses to export, re-export, transfer, or import the Software. You

   238 further represent that You are not a Government End User as defined

   239 above, and You will not transfer the Software to any Government End

   240 User without a license.

   241 

   242 

   243 12. NOTICES.

   244 

   245 All notices and return of the Software and Documentation should be

   246 delivered to:

   247 

   248 NOKIA CORPORATION

   249 P.O. Box 100

   250 FIN-00045 NOKIA GROUP

   251 FINLAND

   252 

   253 

   254 13. APPLICABLE LAW AND GENERAL PROVISIONS.

   255 

   256 This Agreement is governed by the laws of Finland. All disputes

   257 arising from or relating to this Agreement shall be settled by a

   258 single arbitrator appointed by the Central Chamber of Commerce of

   259 Finland. The arbitration procedure shall take place in Helsinki,

   260 Finland in the English language. If any part of this Agreement is

   261 found void and unenforceable, it will not affect the validity of the

   262 balance of the Agreement, which shall remain valid and enforceable

   263 according to its terms. This Agreement may only be modified in writing

   264 signed by an authorized officer of Nokia.

   265 

   266 This is the entire agreement between Nokia and You relating to the

   267 Software, and it supersedes any prior representations, discussions,

   268 undertakings, end-user agreements, communications, or advertising

   269 relating to the Software.

   270 

   271 PLEASE SUBMIT ANY ACCOMPANYING REGISTRATION FORMS TO RECEIVE

   272 REGISTRATION BENEFITS WHERE APPLICABLE.

   273 

   274 

   275 14. COPYRIGHT NOTICES

   276 

   277 This product includes certain open source or other software 

   278 originating from third parties that may be subject to the GNU 

   279 General Public License (GPL) and different and/oradditional 

   280 copyright licenses, disclaimers and notices. The exact terms 

   281 of GPL and some other licenses, disclaimers and notices are 

   282 reproduced in the materials provided with this product and are 

   283 also available at http://tools.ext.nokia.com/oss/ .  Please refer 

   284 to the exact terms of the GPL regarding your rights under said 

   285 license. You may obtain a complete corresponding machine-readable 

   286 copy of the source code of such software under GPL and some other 

   287 open source licenses allowing source code distribution at  

   288 http://tools.ext.nokia.com/oss/ .  Alternatively, Nokia offers 

   289 to provide such source code to you on CD-ROM for a charge covering 

   290 the cost of performing such distribution, such as the cost of media, 

   291 shipping and handling, upon written request to Nokia at 701 Brazos St., 

   292 Suite 1000, Austin, TX 78701. This offer is valid for a period of 

   293 three (3) years from the date of the distribution of this product by Nokia.