IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING OR USING THE
SOFTWARE
NOKIA END USER SOFTWARE LICENSE AGREEMENT
This Nokia End User Software License Agreement ("Agreement") is
between "You" (either an individual or an entity), the end user, and Nokia
Inc. (" Nokia "). This Agreement authorizes You to use the Software
identified above, selected by You and defined in Clause 1 below
which may be stored on and delivered to you via 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. If You
download the Software from a Nokia Web site, then the legal notices and
site terms and privacy policy posted on the applicable Web site
(collectively, the " Site Terms ") shall be incorporated into and
made a part of this Agreement by this reference and also govern your
downloading and usage of the Software. This is an agreement on end
user license 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, if any, 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, 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, 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 and/or as applicable: (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 a non-exclusive, non-transferable end user license
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:
- 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.
- 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.
- You may not resell, sublicense, rent, lease or lend the Software.
- 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.
- Unless stated otherwise in the Documentation, You shall not display,
modify, reproduce and distribute any of the Stock Files included with
the Software, if any. 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.
- 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, 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 a valid end user license 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
license 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 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. 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 and any related technical data are subject to the U.S.
Export Administration Regulations and may be subject to export and import
laws, regulations and restrictions in other countries. You agree to comply
strictly with all such laws, regulations and restrictions, and acknowledge
that You have the responsibility to obtain any licenses or permits that
may be required to import, use, export, re-export, or otherwise transfer
or disclose of the Software or any related technical data. You further
agree that except as authorized, You shall not export, re-export or
otherwise transfer or disclose of the Software, the related technical data
or any direct product thereof; (i) into Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria; (ii) to entities controlled by such countries or to
nationals of such countries; or (iii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals and Blocked Persons,
the U.S. Commerce Department's Denied Persons List, or the U.S. Commerce
Department's Entity List.
12. NOTICES.
All customer support questions should be e-mailed to
nokiausa.customercare@nokia.com
13. APPLICABLE LAW.
This Agreement shall be governed by and construed in accordance with
the internal laws of the State of Texas without regard to its conflicts of
laws rules.
14. ARBITRATION.
Any and all disputes that may arise between you and Nokia under or in
connection with this Agreement, except for claims for injunctive relief,
shall be submitted to final and binding arbitration heard by a single
arbitrator in accordance with the then-current Commercial Arbitration
Rules of the American Arbitration Association (the " AAA "), unless
otherwise agreed in writing by the parties. Any counterclaim not brought
within 15 days after receipt of the arbitration notice shall be barred.
All matters within the scope of the Federal Arbitration Act (9 U.S.C.
Sections 1 et seq.) shall be governed by it. The arbitration shall be
conducted in any AAA arbitration facilities in the Dallas-Forth Worth,
Texas metropolitan area. The arbitration shall be conducted in the English
language. The award shall include a written statement of findings of fact
and conclusions of law and the reasons on which it is based. It also shall
include an award of legal fees, costs and expenses, including reasonable
attorneys' fees and the arbitrator's fees and expenses, to the prevailing
party. Subject to any terms contained in this Agreement limiting or
excluding damages, the arbitrator may award any relief that the arbitrator
deems proper, including without limitation equitable relief, provided that
the arbitrator shall not have authority to award exemplary, special or
punitive damages. The award shall be enforceable in any court of competent
jurisdiction. The terms of this Section shall continue in full force and
effect subsequent to and notwithstanding the termination of this
Agreement.
15. GENERAL PROVISIONS.
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 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.