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1 <?xml version="1.0" encoding="UTF-8"?> |
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2 <feature |
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3 id="com.nokia.carbide.cpp.sysdoc.hover" |
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4 label="Hover SysDoc Feature" |
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5 version="1.0.0.qualifier" |
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6 provider-name="Nokia"> |
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7 |
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8 <copyright url="http://www.example.com/copyright"> |
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9 Copyright (c) 2010 Nokia Corporation and/or its subsidiary(-ies). All rights reserved. |
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10 </copyright> |
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11 |
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12 <license url="license.txt"> |
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13 COPYRIGHT LICENSE |
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14 |
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15 NOKIA CORPORATION END-USER SOFTWARE AGREEMENT FOR |
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16 CARBIDE.C++ AND ASSOCIATED ON-DEVICE APPLICATIONS |
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17 |
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18 This Software Agreement ("Agreement") is between You (either an |
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19 individual or an entity), the End User, and Nokia Corporation |
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20 ("Nokia"). The Agreement authorizes You to use the Software specified |
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21 in Clause 1 below, which may be stored on a CD-ROM, sent to You by |
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22 electronic mail, or downloaded from Nokia's Web pages or Servers or |
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23 from other sources under the terms and conditions set forth below. |
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24 This is an agreement on end-user rights and not an agreement for sale. |
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25 Nokia continues to own the copy of the Software and the physical media |
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26 contained in the sales package and any other copy that You are |
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27 authorized to make pursuant to this Agreement. |
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28 |
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29 Read this Agreement carefully before installing, downloading, or using |
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30 the Software. By clicking on the "I Accept" button while installing, |
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31 downloading, and/or using the Software, You agree to the terms and |
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32 conditions of this Agreement. If You do not agree to all of the terms |
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33 and conditions of this Agreement, promptly click the "Decline" or |
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34 "I Do Not Accept" button, cancel the installation or downloading, or |
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35 destroy or return the Software and accompanying documentation to |
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36 Nokia. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU |
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37 HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS |
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38 TERMS AND CONDITIONS. |
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39 |
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40 |
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41 1. SOFTWARE. |
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42 |
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43 As used in this Agreement, the term "Software" means, collectively: |
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44 (i) the software product identified above (ii) all the contents of the |
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45 disk(s), CD-ROM(s), electronic mail and its file attachments, or other |
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46 media with which this Agreement is provided, including the object code |
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47 form of the software delivered via a CD-ROM, electronic mail, or Web |
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48 page (iii) digital images, stock photographs, clip art, or other |
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49 artistic works ("Stock Files") (iv) related explanatory written |
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50 materials and any other possible documentation related thereto |
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51 ("Documentation"); (v) fonts, and (vi) upgrades, modified versions, |
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52 updates, additions, and copies of the Software (collectively |
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53 "Updates"), if any, licensed to You by Nokia under this Agreement. |
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54 |
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55 |
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56 2. END USER RIGHTS AND USE. |
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57 |
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58 Nokia grants to You non-exclusive, non-transferable end-user rights to |
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59 install the Software on the local hard disk(s) or other permanent |
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60 storage media of one computer and use the Software on a single |
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61 computer or terminal at a time. |
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62 |
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63 You acknowledge that the use of the Software may require licenses to |
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64 third party patents and that Nokia does not grant any licenses to such |
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65 third party patents under this Agreement to You. Also, any and |
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66 all standards related licenses with respect to Essential Patents (as |
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67 defined below) are specifically excluded from the scope of this |
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68 Agreement, and those licenses need to be acquired separately from |
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69 Nokia or the respective right holders, as the case may be. "Essential |
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70 Patent" means any patent claiming a feature necessarily and |
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71 unavoidably required for compliance with industry standards (usually |
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72 GSM, WCDMA or other similar mobile communications standard), to the |
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73 limited extent only that infringement or use of such claims of a |
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74 patent cannot be avoided in remaining compliant with industry standard |
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75 either for technological reasons or for lack of commercially viable |
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76 technical alternatives. |
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77 |
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78 No patent licenses to any patents of Nokia and/ or its Affiliates are |
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79 granted under this Agreement. |
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80 |
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81 |
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82 3. LIMITATIONS ON END USER RIGHTS. |
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83 |
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84 You may not copy, distribute, or make derivative works of the Software |
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85 except as follows: |
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86 |
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87 (a) You may make one copy of the Software on magnetic media as an |
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88 archival backup copy, provided Your archival backup copy is not |
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89 installed or used on any computer. Any other copies You make of the |
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90 Software are in violation of this Agreement. |
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91 |
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92 (b) You may not use, modify, translate, reproduce, or transfer the |
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93 right to use the Software or copy the Software except as expressly |
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94 provided in this Agreement. |
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95 |
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96 (c) You may not resell, sublicense, rent, lease, or lend the Software. |
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97 |
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98 (d) You may not reverse engineer, reverse compile, disassemble, or |
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99 otherwise attempt to discover the source code of the Software (except |
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100 to the extent that this restriction is expressly prohibited by law) or |
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101 create derivative works based on the Software. |
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102 |
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103 (e) Unless stated otherwise in the Documentation, You shall not |
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104 display, modify, reproduce, or distribute any of the Stock Files |
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105 included with the Software. In the event that the Documentation allows |
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106 You to display the Stock Files, You shall not distribute the Stock |
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107 Files on a stand-alone basis, i.e., in circumstances in which the |
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108 Stock Files constitute the primary value of the product being |
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109 distributed. You should review the "Readme" files associated with the |
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110 Stock Files that You use to ascertain what rights You have with |
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111 respect to such materials. Stock Files may not be used in the |
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112 production of libelous, defamatory, fraudulent, infringing, lewd, |
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113 obscene, or pornographic material or in any otherwise illegal manner. |
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114 You may not register or claim any rights in the Stock Files or |
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115 derivative works thereof. |
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116 |
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117 (f) You agree that You shall only use the Software in a manner that |
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118 complies with all applicable laws in the jurisdiction in which You use |
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119 the Software, including, but not limited to, applicable restrictions |
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120 concerning copyright and other intellectual property rights. |
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121 |
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122 |
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123 4. INTELLECTUAL PROPERTY RIGHTS. |
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124 |
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125 The Software and all rights, without limitation including title and |
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126 intellectual property rights therein, are owned by Nokia and/or its |
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127 licensors and affiliates and are protected by international treaty |
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128 provisions and all other applicable national laws of the country in |
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129 which it is being used. The structure, organization, and code of the |
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130 Software are the valuable trade secrets and confidential information |
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131 of Nokia and/or its licensors and affiliates. You must not copy the |
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132 Software, except as set forth in clause 3 (Limitations On End-User |
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133 Rights). Any copies which You are permitted to make pursuant to this |
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134 Agreement must contain the same copyright and other proprietary |
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135 notices that appear on the Software. |
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136 |
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137 |
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138 5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / |
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139 DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES. |
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140 |
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141 If the Software supports multiple platforms or languages, if You |
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142 receive the Software on multiple media, or if You otherwise receive |
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143 multiple copies of the Software, the number of computers on which all |
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144 versions of the Software are installed shall be one computer. You may |
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145 not rent, lease, sublicense, lend, or transfer versions or copies of |
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146 the Software You do not use. If the Software is an Update to a |
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147 previous version of the Software, You must possess valid end-user |
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148 rights to such a previous version in order to use the Update, and You |
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149 may use the previous version for ninety (90) days after You receive |
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150 the Update in order to assist You in the transition to the Update. |
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151 After such time You no longer have a right to use the previous |
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152 version, except for the sole purpose of enabling You to install the |
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153 Update. |
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154 |
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155 |
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156 6. COMMENCEMENT AND TERMINATION. |
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157 |
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158 This Agreement is effective from the first date You install the |
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159 Software. You may terminate this Agreement at any time by permanently |
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160 deleting, destroying, and returning, at Your own cost, the Software, |
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161 all backup copies, and all related materials provided by Nokia. Your |
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162 end-user rights automatically and immediately terminate without notice |
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163 from Nokia if You fail to comply with any provision of this Agreement. |
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164 In such an event, You must immediately delete, destroy, or return at |
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165 Your own cost, the Software, all backup copies, and all related |
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166 material to Nokia. |
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167 |
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168 |
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169 7. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT |
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170 WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT |
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171 PERMITTED BY APPLICABLE LAW NEITHER NOKIA, ITS LICENSORS OR |
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172 AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR |
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173 WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE |
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174 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR |
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175 THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, |
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176 COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY NOKIA |
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177 OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE |
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178 WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL |
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179 BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK |
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180 FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND |
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181 FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT. |
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182 |
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183 |
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184 8. NO OTHER OBLIGATIONS. |
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185 |
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186 This Agreement creates no obligations on the part of Nokia other than |
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187 as specifically set forth herein. |
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188 |
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189 |
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190 9. LIMITATION OF LIABILITY. |
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191 |
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192 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL |
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193 NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST |
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194 PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE |
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195 GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF |
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196 BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, |
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197 INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR |
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198 CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER |
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199 CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT |
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200 OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NOKIA OR ITS |
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201 LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH |
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202 DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE |
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203 EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH |
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204 CASES, NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY |
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205 SHALL BE LIMITED TO U.S. $50. |
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206 |
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207 Nothing contained in this Agreement shall prejudice the statutory |
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208 rights of any party dealing as a consumer. |
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209 |
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210 Nothing contained in this Agreement limits Nokia's liability to You in |
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211 the event of death or personal injury resulting from Nokia's |
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212 negligence. Nokia is acting on behalf of its employees and licensors |
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213 or affiliates for the purpose of disclaiming, excluding, and/or |
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214 restricting obligations, warranties, and liability as provided in this |
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215 clause 9, but in no other respects and for no other purpose. |
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216 |
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217 |
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218 10. TECHNICAL SUPPORT. |
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219 |
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220 Nokia has no obligation to furnish You with technical support unless |
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221 separately agreed in writing between You and Nokia. |
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222 |
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223 |
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224 |
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225 11. EXPORT CONTROL. |
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226 |
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227 The Software, including technical data, includes cryptographic |
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228 software subject to export controls under the U.S. Export |
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229 Administration Regulations ("EAR") and may be subject to import or |
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230 export controls in other countries. The EAR prohibits the use of the |
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231 Software and technical data by a Government End User, as defined |
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232 hereafter, without a license from the U.S. government. A Government |
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233 End User is defined in Part 772 of the EAR as "any foreign central, |
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234 regional, or local government department, agency, or other entity |
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235 performing governmental functions; including governmental research |
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236 institutions, governmental corporations, or their separate business |
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237 units (as defined in part 772 of the EAR) which are engaged in the |
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238 manufacture or distribution of items or services controlled on the |
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239 Wassenaar Munitions List, and international governmental |
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240 organizations. This term does not include: utilities |
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241 (telecommunications companies and Internet service providers; banks |
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242 and financial institutions; transportation; broadcast or |
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243 entertainment; educational organizations; civil health and medical |
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244 organizations; retail or wholesale firms; and manufacturing or |
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245 industrial entities not engaged in the manufacture or distribution of |
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246 items or services controlled on the Wassenaar Munitions List.)" You |
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247 agree to strictly comply with all applicable import and export |
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248 regulations and acknowledge that You have the responsibility to obtain |
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249 licenses to export, re-export, transfer, or import the Software. You |
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250 further represent that You are not a Government End User as defined |
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251 above, and You will not transfer the Software to any Government End |
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252 User without a license. |
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253 |
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254 |
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255 12. NOTICES. |
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256 |
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257 All notices and return of the Software and Documentation should be |
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258 delivered to: |
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259 |
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260 NOKIA CORPORATION |
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261 P.O. Box 100 |
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262 FIN-00045 NOKIA GROUP |
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263 FINLAND |
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264 |
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265 |
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266 13. APPLICABLE LAW AND GENERAL PROVISIONS. |
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267 |
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268 This Agreement is governed by the laws of Finland. All disputes |
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269 arising from or relating to this Agreement shall be settled by a |
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270 single arbitrator appointed by the Central Chamber of Commerce of |
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271 Finland. The arbitration procedure shall take place in Helsinki, |
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272 Finland in the English language. If any part of this Agreement is |
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273 found void and unenforceable, it will not affect the validity of the |
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274 balance of the Agreement, which shall remain valid and enforceable |
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275 according to its terms. This Agreement may only be modified in writing |
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276 signed by an authorized officer of Nokia. |
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277 |
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278 This is the entire agreement between Nokia and You relating to the |
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279 Software, and it supersedes any prior representations, discussions, |
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280 undertakings, end-user agreements, communications, or advertising |
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281 relating to the Software. |
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282 |
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283 PLEASE SUBMIT ANY ACCOMPANYING REGISTRATION FORMS TO RECEIVE |
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284 REGISTRATION BENEFITS WHERE APPLICABLE. |
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285 |
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286 |
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287 14. COPYRIGHT NOTICES |
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288 |
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289 This product includes certain open source or other software |
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290 originating from third parties that may be subject to the GNU |
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291 General Public License (GPL) and different and/oradditional |
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292 copyright licenses, disclaimers and notices. The exact terms |
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293 of GPL and some other licenses, disclaimers and notices are |
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294 reproduced in the materials provided with this product and are |
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295 also available at http://tools.ext.nokia.com/oss/ . Please refer |
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296 to the exact terms of the GPL regarding your rights under said |
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297 license. You may obtain a complete corresponding machine-readable |
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298 copy of the source code of such software under GPL and some other |
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299 open source licenses allowing source code distribution at |
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300 http://tools.ext.nokia.com/oss/ . Alternatively, Nokia offers |
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301 to provide such source code to you on CD-ROM for a charge covering |
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302 the cost of performing such distribution, such as the cost of media, |
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303 shipping and handling, upon written request to Nokia at 701 Brazos St., |
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304 Suite 1000, Austin, TX 78701. This offer is valid for a period of |
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305 three (3) years from the date of the distribution of this product by Nokia. |
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306 </license> |
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307 |
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308 <plugin |
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309 id="com.nokia.carbide.cpp.sysdoc.hover" |
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310 download-size="0" |
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311 install-size="0" |
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312 version="0.0.0" |
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313 unpack="false"/> |
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314 |
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315 <plugin |
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316 id="com.nokia.carbide.cpp.sysdoc.hover.dependencies" |
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317 download-size="0" |
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318 install-size="0" |
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319 version="0.0.0" |
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320 unpack="false"/> |
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321 |
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322 </feature> |