--- a/qtmobility/LICENSE.PREVIEW.COMMERCIAL Thu Aug 19 10:43:30 2010 +0300
+++ /dev/null Thu Jan 01 00:00:00 1970 +0000
@@ -1,629 +0,0 @@
-TECHNOLOGY PREVIEW LICENSE AGREEMENT
-
-For individuals and/or legal entities resident in the Americas (North
-America, Central America and South America), the applicable licensing
-terms are specified under the heading "Technology Preview License
-Agreement: The Americas".
-
-For individuals and/or legal entities not resident in The Americas, the
-applicable licensing terms are specified under the heading "Technology
-Preview License Agreement: Rest of the World".
-
-
-TECHNOLOGY PREVIEW LICENSE AGREEMENT: The Americas
-Agreement version 2.4
-
-This Technology Preview License Agreement ("Agreement") is a legal
-agreement between Nokia Inc. ("Nokia"), with its registered office at
-102 Corporate Park Drive, White Plains, N.Y., U.S.A. 10604 and you (either an
-individual or a legal entity) ("Licensee") for the Licensed Software (as
-defined below).
-
-1. DEFINITIONS
-
-"Affiliate" of a Party shall mean an entity (i) which is directly or
-indirectly controlling such Party; (ii) which is under the same direct
-or indirect ownership or control as such Party; or (iii) which is
-directly or indirectly owned or controlled by such Party. For these
-purposes, an entity shall be treated as being controlled by another if
-that other entity has fifty percent (50 %) or more of the votes in such
-entity, is able to direct its affairs and/or to control the composition
-of its board of directors or equivalent body.
-
-"Applications" shall mean Licensee's software products created using the
-Licensed Software which may include portions of the Licensed Software.
-
-"Term" shall mean the period of time six (6) months from the later of
-(a) the Effective Date; or (b) the date the Licensed Software was
-initially delivered to Licensee by Nokia. If no specific Effective Date
-is set forth in the Agreement, the Effective Date shall be deemed to be
-the date the Licensed Software was initially delivered to Licensee.
-
-"Licensed Software" shall mean the computer software, "online" or
-electronic documentation, associated media and printed materials,
-including the source code, example programs and the documentation
-delivered by Nokia to Licensee in conjunction with this Agreement.
-
-"Party" or "Parties" shall mean Licensee and/or Nokia.
-
-
-2. OWNERSHIP
-
-The Licensed Software is protected by copyright laws and international
-copyright treaties, as well as other intellectual property laws and
-treaties. The Licensed Software is licensed, not sold.
-
-If Licensee provides any findings, proposals, suggestions or other
-feedback ("Feedback") to Nokia regarding the Licensed Software, Nokia
-shall own all right, title and interest including the intellectual
-property rights in and to such Feedback, excluding however any existing
-patent rights of Licensee. To the extent Licensee owns or controls any
-patents for such Feedback Licensee hereby grants to Nokia and its
-Affiliates, a worldwide, perpetual, non-transferable, sublicensable,
-royalty-free license to (i) use, copy and modify Feedback and to create
-derivative works thereof, (ii) to make (and have made), use, import,
-sell, offer for sale, lease, dispose, offer for disposal or otherwise
-exploit any products or services of Nokia containing Feedback,, and
-(iii) sublicense all the foregoing rights to third party licensees and
-customers of Nokia and/or its Affiliates.
-
-
-3. VALIDITY OF THE AGREEMENT
-
-By installing, copying, or otherwise using the Licensed Software,
-Licensee agrees to be bound by the terms of this Agreement. If Licensee
-does not agree to the terms of this Agreement, Licensee may not install,
-copy, or otherwise use the Licensed Software. Upon Licensee's acceptance
-of the terms and conditions of this Agreement, Nokia grants Licensee the
-right to use the Licensed Software in the manner provided below.
-
-
-4. LICENSES
-
-4.1. Using and Copying
-
-Nokia grants to Licensee a non-exclusive, non-transferable, time-limited
-license to use and copy the Licensed Software for sole purpose of
-designing, developing and testing Applications, and evaluating and the
-Licensed Software during the Term.
-
-Licensee may install copies of the Licensed Software on an unlimited
-number of computers provided that (a) if an individual, only such
-individual; or (b) if a legal entity only its employees; use the
-Licensed Software for the authorized purposes.
-
-4.2 No Distribution or Modifications
-
-Licensee may not disclose, modify, sell, market, commercialise,
-distribute, loan, rent, lease, or license the Licensed Software or any
-copy of it or use the Licensed Software for any purpose that is not
-expressly granted in this Section 4. Licensee may not alter or remove
-any details of ownership, copyright, trademark or other property right
-connected with the Licensed Software. Licensee may not distribute any
-software statically or dynamically linked with the Licensed Software.
-
-4.3 No Technical Support
-
-Nokia has no obligation to furnish Licensee with any technical support
-whatsoever. Any such support is subject to separate agreement between
-the Parties.
-
-
-5. PRE-RELEASE CODE
-The Licensed Software contains pre-release code that is not at the level
-of performance and compatibility of a final, generally available,
-product offering. The Licensed Software may not operate correctly and
-may be substantially modified prior to the first commercial product
-release, if any. Nokia is not obligated to make this or any later
-version of the Licensed Software commercially available. The License
-Software is "Not for Commercial Use" and may only be used for the
-purposes described in Section 4. The Licensed Software may not be used
-in a live operating environment where it may be relied upon to perform
-in the same manner as a commercially released product or with data that
-has not been sufficiently backed up.
-
-6. THIRD PARTY SOFTWARE
-
-The Licensed Software may provide links to third party libraries or code
-(collectively "Third Party Software") to implement various functions.
-Third Party Software does not comprise part of the Licensed Software. In
-some cases, access to Third Party Software may be included along with
-the Licensed Software delivery as a convenience for development and
-testing only. Such source code and libraries may be listed in the
-".../src/3rdparty" source tree delivered with the Licensed Software or
-documented in the Licensed Software where the Third Party Software is
-used, as may be amended from time to time, do not comprise the Licensed
-Software. Licensee acknowledges (1) that some part of Third Party
-Software may require additional licensing of copyright and patents from
-the owners of such, and (2) that distribution of any of the Licensed
-Software referencing any portion of a Third Party Software may require
-appropriate licensing from such third parties.
-
-
-7. LIMITED WARRANTY AND WARRANTY DISCLAIMER
-
-The Licensed Software is licensed to Licensee "as is". To the maximum
-extent permitted by applicable law, Nokia on behalf of itself and its
-suppliers, disclaims all warranties and conditions, either express or
-implied, including, but not limited to, implied warranties of
-merchantability, fitness for a particular purpose, title and
-non-infringement with regard to the Licensed Software.
-
-
-8. LIMITATION OF LIABILITY
-
-If, Nokia's warranty disclaimer notwithstanding, Nokia is held liable to
-Licensee, whether in contract, tort or any other legal theory, based on
-the Licensed Software, Nokia's entire liability to Licensee and
-Licensee's exclusive remedy shall be, at Nokia's option, either (A)
-return of the price Licensee paid for the Licensed Software, or (B)
-repair or replacement of the Licensed Software, provided Licensee
-returns to Nokia all copies of the Licensed Software as originally
-delivered to Licensee. Nokia shall not under any circumstances be liable
-to Licensee based on failure of the Licensed Software if the failure
-resulted from accident, abuse or misapplication, nor shall Nokia under
-any circumstances be liable for special damages, punitive or exemplary
-damages, damages for loss of profits or interruption of business or for
-loss or corruption of data. Any award of damages from Nokia to Licensee
-shall not exceed the total amount Licensee has paid to Nokia in
-connection with this Agreement.
-
-
-9. CONFIDENTIALITY
-
-Each party acknowledges that during the Term of this Agreement it shall
-have access to information about the other party's business, business
-methods, business plans, customers, business relations, technology, and
-other information, including the terms of this Agreement, that is
-confidential and of great value to the other party, and the value of
-which would be significantly reduced if disclosed to third parties (the
-"Confidential Information"). Accordingly, when a party (the "Receiving
-Party") receives Confidential Information from another party (the
-"Disclosing Party"), the Receiving Party shall, and shall obligate its
-employees and agents and employees and agents of its Affiliates to: (i)
-maintain the Confidential Information in strict confidence; (ii) not
-disclose the Confidential Information to a third party without the
-Disclosing Party's prior written approval; and (iii) not, directly or
-indirectly, use the Confidential Information for any purpose other than
-for exercising its rights and fulfilling its responsibilities pursuant
-to this Agreement. Each party shall take reasonable measures to protect
-the Confidential Information of the other party, which measures shall
-not be less than the measures taken by such party to protect its own
-confidential and proprietary information.
-
-"Confidential Information" shall not include information that (a) is or
-becomes generally known to the public through no act or omission of the
-Receiving Party; (b) was in the Receiving Party's lawful possession
-prior to the disclosure hereunder and was not subject to limitations on
-disclosure or use; (c) is developed by the Receiving Party without
-access to the Confidential Information of the Disclosing Party or by
-persons who have not had access to the Confidential Information of the
-Disclosing Party as proven by the written records of the Receiving
-Party; (d) is lawfully disclosed to the Receiving Party without
-restrictions, by a third party not under an obligation of
-confidentiality; or (e) the Receiving Party is legally compelled to
-disclose the information, in which case the Receiving Party shall assert
-the privileged and confidential nature of the information and cooperate
-fully with the Disclosing Party to protect against and prevent
-disclosure of any Confidential Information and to limit the scope of
-disclosure and the dissemination of disclosed Confidential Information
-by all legally available means.
-
-The obligations of the Receiving Party under this Section shall continue
-during the Initial Term and for a period of five (5) years after
-expiration or termination of this Agreement. To the extent that the
-terms of the Non-Disclosure Agreement between Nokia and Licensee
-conflict with the terms of this Section 9, this Section 9 shall be
-controlling over the terms of the Non-Disclosure Agreement.
-
-
-10. GENERAL PROVISIONS
-
-10.1 No Assignment
-
-Licensee shall not be entitled to assign or transfer all or any of its
-rights, benefits and obligations under this Agreement without the prior
-written consent of Nokia, which shall not be unreasonably withheld.
-
-10.2 Termination
-
-Nokia may terminate the Agreement at any time immediately upon written
-notice by Nokia to Licensee if Licensee breaches this Agreement.
-
-Upon termination of this Agreement, Licensee shall return to Nokia all
-copies of Licensed Software that were supplied by Nokia. All other
-copies of Licensed Software in the possession or control of Licensee
-must be erased or destroyed. An officer of Licensee must promptly
-deliver to Nokia a written confirmation that this has occurred.
-
-10.3 Surviving Sections
-
-Any terms and conditions that by their nature or otherwise reasonably
-should survive a cancellation or termination of this Agreement shall
-also be deemed to survive. Such terms and conditions include, but are
-not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4,
-10.5, 10.6, 10.7, and 10.8 of this Agreement.
-
-10.4 Entire Agreement
-
-This Agreement constitutes the complete agreement between the parties
-and supersedes all prior or contemporaneous discussions,
-representations, and proposals, written or oral, with respect to the
-subject matters discussed herein, with the exception of the
-non-disclosure agreement executed by the parties in connection with this
-Agreement ("Non-Disclosure Agreement"), if any, shall be subject to
-Section 9. No modification of this Agreement shall be effective unless
-contained in a writing executed by an authorized representative of each
-party. No term or condition contained in Licensee's purchase order shall
-apply unless expressly accepted by Nokia in writing. If any provision of
-the Agreement is found void or unenforceable, the remainder shall remain
-valid and enforceable according to its terms. If any remedy provided is
-determined to have failed for its essential purpose, all limitations of
-liability and exclusions of damages set forth in this Agreement shall
-remain in effect.
-
-10.5 Export Control
-
-Licensee acknowledges that the Licensed Software may be subject to
-export control restrictions of various countries. Licensee shall fully
-comply with all applicable export license restrictions and requirements
-as well as with all laws and regulations relating to the importation of
-the Licensed Software and shall procure all necessary governmental
-authorizations, including without limitation, all necessary licenses,
-approvals, permissions or consents, where necessary for the
-re-exportation of the Licensed Software.,
-
-10.6 Governing Law and Legal Venue
-
-This Agreement shall be governed by and construed in accordance with the
-federal laws of the United States of America and the internal laws of
-the State of New York without given effect to any choice of law rule
-that would result in the application of the laws of any other
-jurisdiction. The United Nations Convention on Contracts for the
-International Sale of Goods (CISG) shall not apply. Each Party (a)
-hereby irrevocably submits itself to and consents to the jurisdiction of
-the United States District Court for the Southern District of New York
-(or if such court lacks jurisdiction, the state courts of the State of
-New York) for the purposes of any action, claim, suit or proceeding
-between the Parties in connection with any controversy, claim, or
-dispute arising out of or relating to this Agreement; and (b) hereby
-waives, and agrees not to assert by way of motion, as a defense or
-otherwise, in any such action, claim, suit or proceeding, any claim that
-is not personally subject to the jurisdiction of such court(s), that the
-action, claim, suit or proceeding is brought in an inconvenient forum or
-that the venue of the action, claim, suit or proceeding is improper.
-Notwithstanding the foregoing, nothing in this Section 9.6 is intended
-to, or shall be deemed to, constitute a submission or consent to, or
-selection of, jurisdiction, forum or venue for any action for patent
-infringement, whether or not such action relates to this Agreement.
-
-10.7 No Implied License
-
-There are no implied licenses or other implied rights granted under this
-Agreement, and all rights, save for those expressly granted hereunder,
-shall remain with Nokia and its licensors. In addition, no licenses or
-immunities are granted to the combination of the Licensed Software with
-any other software or hardware not delivered by Nokia under this
-Agreement.
-
-10.8 Government End Users
-
-A "U.S. Government End User" shall mean any agency or entity of the
-government of the United States. The following shall apply if Licensee
-is a U.S. Government End User. The Licensed Software is a "commercial
-item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
-consisting of "commercial computer software" and "commercial computer
-software documentation," as such terms are used in 48 C.F.R. 12.212
-(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
-through 227.7202-4 (June 1995), all U.S. Government End Users acquire
-the Licensed Software with only those rights set forth herein. The
-Licensed Software (including related documentation) is provided to U.S.
-Government End Users: (a) only as a commercial end item; and (b) only
-pursuant to this Agreement.
-
-
-
-
-
-TECHNOLOGY PREVIEW LICENSE AGREEMENT: Rest of the World
-Agreement version 2.4
-
-This Technology Preview License Agreement ("Agreement") is a legal
-agreement between Nokia Corporation ("Nokia"), with its registered
-office at Keilalahdentie 4, 02150 Espoo, Finland and you (either an
-individual or a legal entity) ("Licensee") for the Licensed Software (as
-defined below).
-
-1. DEFINITIONS
-
-"Affiliate" of a Party shall mean an entity (i) which is directly or
-indirectly controlling such Party; (ii) which is under the same direct
-or indirect ownership or control as such Party; or (iii) which is
-directly or indirectly owned or controlled by such Party. For these
-purposes, an entity shall be treated as being controlled by another if
-that other entity has fifty percent (50 %) or more of the votes in such
-entity, is able to direct its affairs and/or to control the composition
-of its board of directors or equivalent body.
-
-"Applications" shall mean Licensee's software products created using the
-Licensed Software which may include portions of the Licensed Software.
-
-"Term" shall mean the period of time six (6) months from the later of
-(a) the Effective Date; or (b) the date the Licensed Software was
-initially delivered to Licensee by Nokia. If no specific Effective Date
-is set forth in the Agreement, the Effective Date shall be deemed to be
-the date the Licensed Software was initially delivered to Licensee.
-
-"Licensed Software" shall mean the computer software, "online" or
-electronic documentation, associated media and printed materials,
-including the source code, example programs and the documentation
-delivered by Nokia to Licensee in conjunction with this Agreement.
-
-"Party" or "Parties" shall mean Licensee and/or Nokia.
-
-
-2. OWNERSHIP
-
-The Licensed Software is protected by copyright laws and international
-copyright treaties, as well as other intellectual property laws and
-treaties. The Licensed Software is licensed, not sold.
-
-If Licensee provides any findings, proposals, suggestions or other
-feedback ("Feedback") to Nokia regarding the Licensed Software, Nokia
-shall own all right, title and interest including the intellectual
-property rights in and to such Feedback, excluding however any existing
-patent rights of Licensee. To the extent Licensee owns or controls any
-patents for such Feedback Licensee hereby grants to Nokia and its
-Affiliates, a worldwide, perpetual, non-transferable, sublicensable,
-royalty-free license to (i) use, copy and modify Feedback and to create
-derivative works thereof, (ii) to make (and have made), use, import,
-sell, offer for sale, lease, dispose, offer for disposal or otherwise
-exploit any products or services of Nokia containing Feedback,, and
-(iii) sublicense all the foregoing rights to third party licensees and
-customers of Nokia and/or its Affiliates.
-
-3. VALIDITY OF THE AGREEMENT
-
-By installing, copying, or otherwise using the Licensed Software,
-Licensee agrees to be bound by the terms of this Agreement. If Licensee
-does not agree to the terms of this Agreement, Licensee may not install,
-copy, or otherwise use the Licensed Software. Upon Licensee's acceptance
-of the terms and conditions of this Agreement, Nokia grants Licensee the
-right to use the Licensed Software in the manner provided below.
-
-
-4. LICENSES
-
-4.1. Using and Copying
-
-Nokia grants to Licensee a non-exclusive, non-transferable, time-limited
-license to use and copy the Licensed Software for sole purpose of
-designing, developing and testing Applications, and evaluating and the
-Licensed Software during the Term.
-
-Licensee may install copies of the Licensed Software on an unlimited
-number of computers provided that (a) if an individual, only such
-individual; or (b) if a legal entity only its employees; use the
-Licensed Software for the authorized purposes.
-
-4.2 No Distribution or Modifications
-
-Licensee may not disclose, modify, sell, market, commercialise,
-distribute, loan, rent, lease, or license the Licensed Software or any
-copy of it or use the Licensed Software for any purpose that is not
-expressly granted in this Section 4. Licensee may not alter or remove
-any details of ownership, copyright, trademark or other property right
-connected with the Licensed Software. Licensee may not distribute any
-software statically or dynamically linked with the Licensed Software.
-
-4.3 No Technical Support
-
-Nokia has no obligation to furnish Licensee with any technical support
-whatsoever. Any such support is subject to separate agreement between
-the Parties.
-
-
-5. PRE-RELEASE CODE
-
-The Licensed Software contains pre-release code that is not at the level
-of performance and compatibility of a final, generally available,
-product offering. The Licensed Software may not operate correctly and
-may be substantially modified prior to the first commercial product
-release, if any. Nokia is not obligated to make this or any later
-version of the Licensed Software commercially available. The License
-Software is "Not for Commercial Use" and may only be used for the
-purposes described in Section 4. The Licensed Software may not be used
-in a live operating environment where it may be relied upon to perform
-in the same manner as a commercially released product or with data that
-has not been sufficiently backed up.
-
-6. THIRD PARTY SOFTWARE
-
-The Licensed Software may provide links to third party libraries or code
-(collectively "Third Party Software") to implement various functions.
-Third Party Software does not comprise part of the Licensed Software. In
-some cases, access to Third Party Software may be included along with
-the Licensed Software delivery as a convenience for development and
-testing only. Such source code and libraries may be listed in the
-".../src/3rdparty" source tree delivered with the Licensed Software or
-documented in the Licensed Software where the Third Party Software is
-used, as may be amended from time to time, do not comprise the Licensed
-Software. Licensee acknowledges (1) that some part of Third Party
-Software may require additional licensing of copyright and patents from
-the owners of such, and (2) that distribution of any of the Licensed
-Software referencing any portion of a Third Party Software may require
-appropriate licensing from such third parties.
-
-
-7. LIMITED WARRANTY AND WARRANTY DISCLAIMER
-
-The Licensed Software is licensed to Licensee "as is". To the maximum
-extent permitted by applicable law, Nokia on behalf of itself and its
-suppliers, disclaims all warranties and conditions, either express or
-implied, including, but not limited to, implied warranties of
-merchantability, fitness for a particular purpose, title and
-non-infringement with regard to the Licensed Software.
-
-
-8. LIMITATION OF LIABILITY
-
-If, Nokia's warranty disclaimer notwithstanding, Nokia is held liable to
-Licensee, whether in contract, tort or any other legal theory, based on
-the Licensed Software, Nokia's entire liability to Licensee and
-Licensee's exclusive remedy shall be, at Nokia's option, either (A)
-return of the price Licensee paid for the Licensed Software, or (B)
-repair or replacement of the Licensed Software, provided Licensee
-returns to Nokia all copies of the Licensed Software as originally
-delivered to Licensee. Nokia shall not under any circumstances be liable
-to Licensee based on failure of the Licensed Software if the failure
-resulted from accident, abuse or misapplication, nor shall Nokia under
-any circumstances be liable for special damages, punitive or exemplary
-damages, damages for loss of profits or interruption of business or for
-loss or corruption of data. Any award of damages from Nokia to Licensee
-shall not exceed the total amount Licensee has paid to Nokia in
-connection with this Agreement.
-
-
-9. CONFIDENTIALITY
-
-Each party acknowledges that during the Term of this Agreement it shall
-have access to information about the other party's business, business
-methods, business plans, customers, business relations, technology, and
-other information, including the terms of this Agreement, that is
-confidential and of great value to the other party, and the value of
-which would be significantly reduced if disclosed to third parties (the
-"Confidential Information"). Accordingly, when a party (the "Receiving
-Party") receives Confidential Information from another party (the
-"Disclosing Party"), the Receiving Party shall, and shall obligate its
-employees and agents and employees and agents of its Affiliates to: (i)
-maintain the Confidential Information in strict confidence; (ii) not
-disclose the Confidential Information to a third party without the
-Disclosing Party's prior written approval; and (iii) not, directly or
-indirectly, use the Confidential Information for any purpose other than
-for exercising its rights and fulfilling its responsibilities pursuant
-to this Agreement. Each party shall take reasonable measures to protect
-the Confidential Information of the other party, which measures shall
-not be less than the measures taken by such party to protect its own
-confidential and proprietary information.
-
-"Confidential Information" shall not include information that (a) is or
-becomes generally known to the public through no act or omission of the
-Receiving Party; (b) was in the Receiving Party's lawful possession
-prior to the disclosure hereunder and was not subject to limitations on
-disclosure or use; (c) is developed by the Receiving Party without
-access to the Confidential Information of the Disclosing Party or by
-persons who have not had access to the Confidential Information of the
-Disclosing Party as proven by the written records of the Receiving
-Party; (d) is lawfully disclosed to the Receiving Party without
-restrictions, by a third party not under an obligation of
-confidentiality; or (e) the Receiving Party is legally compelled to
-disclose the information, in which case the Receiving Party shall assert
-the privileged and confidential nature of the information and cooperate
-fully with the Disclosing Party to protect against and prevent
-disclosure of any Confidential Information and to limit the scope of
-disclosure and the dissemination of disclosed Confidential Information
-by all legally available means.
-
-The obligations of the Receiving Party under this Section shall continue
-during the Initial Term and for a period of five (5) years after
-expiration or termination of this Agreement. To the extent that the
-terms of the Non-Disclosure Agreement between Nokia and Licensee
-conflict with the terms of this Section 9, this Section 9 shall be
-controlling over the terms of the Non-Disclosure Agreement.
-
-
-10. GENERAL PROVISIONS
-
-10.1 No Assignment
-
-Licensee shall not be entitled to assign or transfer all or any of its
-rights, benefits and obligations under this Agreement without the prior
-written consent of Nokia, which shall not be unreasonably withheld.
-
-10.2 Termination
-
-Nokia may terminate the Agreement at any time immediately upon written
-notice by Nokia to Licensee if Licensee breaches this Agreement.
-
-Upon termination of this Agreement, Licensee shall return to Nokia all
-copies of Licensed Software that were supplied by Nokia. All other
-copies of Licensed Software in the possession or control of Licensee
-must be erased or destroyed. An officer of Licensee must promptly
-deliver to Nokia a written confirmation that this has occurred.
-
-10.3 Surviving Sections
-
-Any terms and conditions that by their nature or otherwise reasonably
-should survive a cancellation or termination of this Agreement shall
-also be deemed to survive. Such terms and conditions include, but are
-not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4,
-10.5, 10.6, 10.7, and 10.8 of this Agreement.
-
-10.4 Entire Agreement
-
-This Agreement constitutes the complete agreement between the parties
-and supersedes all prior or contemporaneous discussions,
-representations, and proposals, written or oral, with respect to the
-subject matters discussed herein, with the exception of the
-non-disclosure agreement executed by the parties in connection with this
-Agreement ("Non-Disclosure Agreement"), if any, shall be subject to
-Section 9. No modification of this Agreement shall be effective unless
-contained in a writing executed by an authorized representative of each
-party. No term or condition contained in Licensee's purchase order shall
-apply unless expressly accepted by Nokia in writing. If any provision of
-the Agreement is found void or unenforceable, the remainder shall remain
-valid and enforceable according to its terms. If any remedy provided is
-determined to have failed for its essential purpose, all limitations of
-liability and exclusions of damages set forth in this Agreement shall
-remain in effect.
-
-10.5 Export Control
-
-Licensee acknowledges that the Licensed Software may be subject to
-export control restrictions of various countries. Licensee shall fully
-comply with all applicable export license restrictions and requirements
-as well as with all laws and regulations relating to the importation of
-the Licensed Software and shall procure all necessary governmental
-authorizations, including without limitation, all necessary licenses,
-approvals, permissions or consents, where necessary for the
-re-exportation of the Licensed Software.,
-
-10.6 Governing Law and Legal Venue
-
-This Agreement shall be construed and interpreted in accordance with the
-laws of Finland, excluding its choice of law provisions. Any disputes
-arising out of or relating to this Agreement shall be resolved in
-arbitration under the Rules of Arbitration of the Chamber of Commerce of
-Helsinki, Finland. The arbitration tribunal shall consist of one (1), or
-if either Party so requires, of three (3), arbitrators. The award shall
-be final and binding and enforceable in any court of competent
-jurisdiction. The arbitration shall be held in Helsinki, Finland and the
-process shall be conducted in the English language.
-
-10.7 No Implied License
-
-There are no implied licenses or other implied rights granted under this
-Agreement, and all rights, save for those expressly granted hereunder,
-shall remain with Nokia and its licensors. In addition, no licenses or
-immunities are granted to the combination of the Licensed Software with
-any other software or hardware not delivered by Nokia under this
-Agreement.
-
-10.8 Government End Users
-
-A "U.S. Government End User" shall mean any agency or entity of the
-government of the United States. The following shall apply if Licensee
-is a U.S. Government End User. The Licensed Software is a "commercial
-item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
-consisting of "commercial computer software" and "commercial computer
-software documentation," as such terms are used in 48 C.F.R. 12.212
-(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
-through 227.7202-4 (June 1995), all U.S. Government End Users acquire
-the Licensed Software with only those rights set forth herein. The
-Licensed Software (including related documentation) is provided to U.S.
-Government End Users: (a) only as a commercial end item; and (b) only
-pursuant to this Agreement.
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