core/com.nokia.carbide.cpp.codescanner-feature/license.txt
author Steve Sobek <steve.sobek@nokia.com>
Tue, 19 Oct 2010 07:21:52 -0500
changeset 2161 5dce04793589
parent 0 fb279309251b
permissions -rw-r--r--
Update to 3.1 and Java 1.6.0_20

                      COPYRIGHT LICENSE

      NOKIA CORPORATION END-USER SOFTWARE AGREEMENT FOR
      CARBIDE.C++ AND ASSOCIATED ON-DEVICE APPLICATIONS

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.

You acknowledge that the use of the Software may require licenses to
third party patents and that Nokia does not grant any licenses to such
third party patents under this Agreement to You.  Also, any and
all standards related licenses with respect to Essential Patents (as
defined below) are specifically excluded from the scope of this
Agreement, and those licenses need to be acquired separately from
Nokia or the respective right holders, as the case may be. "Essential
Patent" means any patent claiming a feature necessarily and
unavoidably required for compliance with industry standards (usually
GSM, WCDMA or other similar mobile communications standard), to the
limited extent only that infringement or use of such claims of a
patent cannot be avoided in remaining compliant with industry standard
either for technological reasons or for lack of commercially viable
technical alternatives.

No patent licenses to any patents of Nokia and/ or its Affiliates are
granted under this Agreement.


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. INTELLECTUAL PROPERTY RIGHTS.

The Software and all rights, without limitation including title and
intellectual property 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 AND 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 cost, 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 AND 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
signed 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.


14. COPYRIGHT NOTICES

This product includes certain open source or other software 
originating from third parties that may be subject to the GNU 
General Public License (GPL) and different and/oradditional 
copyright licenses, disclaimers and notices. The exact terms 
of GPL and some other licenses, disclaimers and notices are 
reproduced in the materials provided with this product and are 
also available at http://tools.ext.nokia.com/oss/ .  Please refer 
to the exact terms of the GPL regarding your rights under said 
license. You may obtain a complete corresponding machine-readable 
copy of the source code of such software under GPL and some other 
open source licenses allowing source code distribution at  
http://tools.ext.nokia.com/oss/ .  Alternatively, Nokia offers 
to provide such source code to you on CD-ROM for a charge covering 
the cost of performing such distribution, such as the cost of media, 
shipping and handling, upon written request to Nokia at 701 Brazos St., 
Suite 1000, Austin, TX 78701. This offer is valid for a period of 
three (3) years from the date of the distribution of this product by Nokia.