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End-user Software Agreement
IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING OR USING THE
NOKIA CHANNELS (KANAVAT IN FINNISH) MEDIA BROWSER APPLICATION SOFTWARE
NOKIA CORPORATION END USER SOFTWARE AGREEMENT
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,
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 authorised to make pursuant to this Agreement.
Read this Agreement carefully before installing, downloading or using the
Software. By clicking on the "I Accept" or "OK" 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 on the "Decline" or "I Do Not
Accept" button, and/or 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 work
("Stock Files") (iv) related explanatory written materials and any other
possible documentation related thereto ("Documentation"); (v) fonts (vi)
upgrades, modified versions, updates, additions (collectively "Updates"),
if any, licensed to You by Nokia under this Agreement.
2. END USER RIGHTS AND USE.
Nokia grants to You a non-exclusive, non-transferable end user right 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.
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 and 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
"Read-Me" 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. COPYRIGHT.
The Software and all rights, without limitation including proprietary
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, of
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 a valid end user
right to such 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 & 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 costs, the Software, all back up
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 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 OR LIMITATION 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 comply strictly 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 & 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 by a writing signed by an authorized officer of Nokia, although
Nokia may vary the terms of this Agreement.
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.

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