"Affiliates" of a party shall mean an entity
a) which _ directly _ indirectly controlling such party;
b) which _ under _ same direct _ indirect ownership _ control
as such party; or
c) which _ directly _ indirectly owned _ 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%) _ more of the
votes in such entity, _ able _ direct its affairs and/or _ control the
composition of its board of directors _ equivalent body.
"Commercial Use" shall mean distribution _ otherwise making
_ Covered Software available _ a third party.
''Contributor'' shall mean each entity that creates _ contributes
_ the creation of Modifications.
''Contributor Version'' shall mean in case of any Contributor
_ combination of _ Original Software, prior Modifications used by a
Contributor, _ the Modifications made by that particular Contributor
_ in case of Nokia in addition _ Original Software in any form, including
_ form as Exceutable.
''Covered Software'' shall mean _ Original Software _ Modifications
_ the combination of _ Original Software _ Modifications, in each
case including portions thereof.
''Electronic Distribution Mechanism'' shall mean a mechanism
generally accepted in _ software development community for _ electronic
transfer of data.
''Executable'' shall mean Covered Software in any form other
than Source Code.
''Nokia'' shall mean Nokia Corporation _ its Affiliates.
''Larger Work'' shall mean a work, which combines Covered Software
_ portions thereof with code not governed by _ terms of this License.
''License'' shall mean this document.
"Licensable" shall mean having _ right _ grant, _ the maximum
extent possible, whether at _ time of _ initial grant _ subsequently
acquired, any _ all of _ rights conveyed herein.
''Modifications'' shall mean any addition _ or deletion from
_ substance _ structure of either _ Original Software _ any previous
Modifications. When Covered Software _ released as a series of files,
a Modification is:
a) Any addition _ or deletion from _ contents of a file containing
Original Software _ previous Modifications.
b) Any new file that contains any part of _ Original Software or
''OriginalSoftware'' shall mean _ Source Code of computer
software code which _ described in _ Source Code notice required by
Exhibit A as Original Software, _ which, at _ time of its release under
this License _ not already Covered Software governed by this License.
"PatentClaims" shall mean any patent claim(s), now owned
_ hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.
''SourceCode'' shall mean _ preferred form of _ Covered
Software for making modifications _ it, including all modules it contains,
plus any associated interface definition files, scripts used _ control
compilation _ installation of an Executable, _ source code differential
comparisons against either _ Original Software _ another well known,
available Covered Software of _ Contributor's choice. _ Source Code
can be in a compressed _ archival form, provided _ appropriate decompression
_ de-archiving software _ widely available for no charge.
"You'' (or "Your") shall mean an individual _ a legal
entity exercising rights under, _ complying with all of _ terms of,
this License _ a future version of this License issued under Section 6.1.
For legal entities, "You'' includes Affiliates of such entity.
2. SOURCE CODE LICENSE.
2.1 Nokia Grant.
Subject _ the terms of this License, Nokia hereby grants You a world-wide,
royalty-free, non-exclusive license, subject _ third party intellectual
a) under copyrights Licensable by Nokia _ use, reproduce, modify,
display, perform, sublicense _ distribute _ Original Software (or portions
thereof) with _ without Modifications, and/or as part of a Larger Work;
b) _ under Patents Claims necessarily infringed by _ making, using
_ selling of Original Software, _ make, have made, use, practice, sell,
_ offer for sale, and/or otherwise dispose of _ Original Software (or
c) _ licenses granted in this Section 2.1(a) _ (b) are effective
_ the date Nokia first distributes Original Software under _ terms of
d) Notwithstanding Section 2.1(b) above, no patent license _ granted:
1) for code that You delete from _ Original Software; 2) separate from
_ Original Software; _ 3) for infringements caused by: i) _ modification
of _ Original Software _ ii) _ combination of _ Original Software
with other software _ devices.
2.2 Contributor Grant.
Subject _ the terms of this License _ subject _ third party intellectual
property claims, each Contributor hereby grants You a world-wide, royalty-free,
a) under copyrights Licensable by Contributor, _ use, reproduce, modify,
display, perform, sublicense _ distribute _ Modifications created by
such Contributor (or portions thereof) either _ an unmodified basis, with
other Modifications, as Covered Software and/or as part of a Larger Work;
b) under Patent Claims necessarily infringed by _ making, using,
_ selling of Modifications made by that Contributor either alone and/or
in combination with its Contributor Version (or portions of such combination),
_ make, use, sell, offer for sale, have made, and/or otherwise dispose
of: 1) Modifications made by that Contributor (or portions thereof); and
2) _ combination of Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
c) _ licenses granted in Sections 2.2(a) _ 2.2(b) are effective
_ the date Contributor first makes Commercial Use of _ Covered Software.
d) Notwithstanding Section 2.2(b) above, no patent license _ granted:
1) for any code that Contributor has deleted from _ Contributor Version;
2) separate from _ Contributor Version; 3) for infringements caused by:
i) third party modifications of Contributor Version _ ii) _ combination
of Modifications made by that Contributor with other software (except as
part of _ Contributor Version) _ other devices; _ 4) under Patent Claims
infringed by Covered Software in _ absence of Modifications made by that
3. DISTRIBUTION OBLIGATIONS.
3.1 Application of License.
The Modifications which You create _ to which You contribute are governed
by _ terms of this License, including without limitation Section 2.2.
_ Source Code version of Covered Software may be distributed only under
_ terms of this License _ a future version of this License released
under Section 6.1, _ You must include a copy of this License with every
copy of _ Source Code You distribute. You may not offer _ impose any
terms _ any Source Code version that alters _ restricts _ applicable
version of this License _ the recipients' rights hereunder. However, You
may include an additional document offering _ additional rights described
in Section 3.5.
3.2 Availability of Source Code.
Any Modification which You create _ to which You contribute must be
made available in Source Code form under _ terms of this License either
_ the same media as an Executable version _ via an accepted Electronic
Distribution Mechanism _ anyone _ whom you made an Executable version
available; _ if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after _ date it
initially became available, _ at least six (6) months after a subsequent
version of that particular Modification has been made available _ such
recipients. You are responsible for ensuring that _ Source Code version
remains available even if _ Electronic Distribution Mechanism _ maintained
by a third party.
3.3 Description of Modifications.
You must cause all Covered Software _ which You contribute _ contain
a file documenting _ changes You made _ create that Covered Software
_ the date of any change. You must include a prominent statement that
_ Modification _ derived, directly _ indirectly, from Original Software
provided by Nokia _ including _ name of Nokia in (a) _ Source Code,
_ (b) in any notice in an Executable version _ related documentation
in which You describe _ origin _ ownership of _ Covered Software.
3.4 Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual
property rights _ required _ exercise _ rights granted by such Contributor
under Sections 2.1 _ 2.2, Contributor must include a text file with the
Source Code distribution titled "LEGAL'' which describes _ claim and
_ party making _ claim in sufficient detail that a recipient will know
whom _ contact. If Contributor obtains such knowledge after _ Modification
_ made available as described in Section 3.2, Contributor shall promptly
modify _ LEGAL file in all copies Contributor makes available thereafter
_ shall take other steps (such as notifying appropriate mailing lists
_ newsgroups) reasonably calculated _ inform those who received _ Covered
Software that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface
_ Contributor has knowledge of patent licenses which are reasonably necessary
_ implement that API, Contributor must also include this information in
_ LEGAL file.
Contributor represents that, except as disclosed pursuant _ Section
3.4(a) above, Contributor believes that Contributor's Modifications are
Contributor's original creation(s) and/or Contributor has sufficient rights
_ grant _ rights conveyed by this License.
3.5 Required Notices.
You must duplicate _ notice in Exhibit A in each file of _ Source
Code. If it _ not possible _ put such notice in a particular Source Code
file due _ its structure, then You must include such notice in a location
(such as a relevant directory) where a user would be likely _ look for
such a notice. If You created one _ more Modification(s) You may add your
name as a Contributor _ the notice described in Exhibit A. You must also
duplicate this License in any documentation for _ Source Code where You
describe recipients' rights _ ownership rights relating _ Covered Software.
You may choose _ offer, _ to charge a fee for, warranty, support, indemnity
_ liability obligations _ one _ more recipients of Covered Software.
However, You may do so only _ Your own behalf, _ not _ behalf of Nokia
_ any Contributor. You must make it absolutely clear that any such warranty,
support, indemnity _ liability obligation _ offered by You alone, and
You hereby agree _ indemnify Nokia _ every Contributor for any liability
incurred by Nokia _ such Contributor as a result of warranty, support,
indemnity _ liability terms You offer.
3.6 Distribution of Executable Versions.
You may distribute Covered Software in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Software,
_ if You include a notice stating that _ Source Code version of the
Covered Software _ available under _ terms of this License, including
a description of how _ where You have fulfilled _ obligations of Section
3.2. _ notice must be conspicuously included in any notice in an Executable
version, related documentation _ collateral in which You describe recipients'
rights relating _ the Covered Software. You may distribute _ Executable
version of Covered Software _ ownership rights under a license of Your
choice, which may contain terms different from this License, provided that
You are in compliance with _ terms of this License _ that _ license
for _ Executable version does not attempt _ limit _ alter _ recipient's
rights in _ Source Code version from _ rights set forth in this License.
If You distribute _ Executable version under a different license You
must make it absolutely clear that any terms which differ from this License
are offered by You alone, not by Nokia _ any Contributor. You hereby agree
_ indemnify Nokia _ every Contributor for any liability incurred by
Nokia _ such Contributor as a result of any such terms You offer.
3.7 Larger Works.
You may create a Larger Work by combining Covered Software with other
software not governed by _ terms of this License _ distribute _ Larger
Work as a single product. In such a case, You must make sure _ requirements
of this License are fulfilled for _ Covered Software.
4. INABILITY _ COMPLY DUE _ STATUTE _ REGULATION.
If it _ impossible for You _ comply with any of _ terms of this
License with respect _ some _ all of _ Covered Software due _ statute,
judicial order, _ regulation then You must: (a) comply with _ terms
of this License _ the maximum extent possible; _ (b) describe _ limitations
_ the code they affect. Such description must be included in _ LEGAL
file described in Section 3.4 _ must be included with all distributions
of _ Source Code.
Except _ the extent prohibited by statute _ regulation, such description
must be sufficiently detailed for a recipient of ordinary skill _ be able
_ understand it.
5. APPLICATION OF THIS LICENSE.
This License applies _ code _ which Nokia has attached _ notice
in Exhibit A _ to related Covered Software.
6. VERSIONS OF _ LICENSE.
6.1 New Versions.
Nokia may publish revised and/or new versions of _ License from time
_ time. Each version will be given a distinguishing version number.
6.2 Effect of New Versions.
Once Covered Software has been published under a particular version
of _ License, You may always continue _ use it under _ terms of that
version. You may also choose _ use such Covered Software under _ terms
of any subsequent version of _ License published by Nokia. No one other
than Nokia has _ right _ modify _ terms applicable _ Covered Software
created under this License.
7. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE _ PROVIDED UNDER THIS LICENSE _ AN "AS IS'' BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED _ IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT _ COVERED SOFTWARE _ FREE OF DEFECTS, MERCHANTABLE,
FIT FOR A PARTICULAR PURPOSE _ NON-INFRINGING. _ ENTIRE RISK AS _ THE
QUALITY _ PERFORMANCE OF _ COVERED SOFTWARE _ WITH YOU. SHOULD ANY
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS LICENSORS
_ AFFILIATES _ ANY OTHER CONTRIBUTOR) ASSUME _ COST OF ANY NECESSARY
SERVICING, REPAIR _ CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES
AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE _ AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8.1 This License _ the rights granted hereunder will terminate automatically
if You fail _ comply with terms herein _ fail _ cure such breach within
30 days of becoming aware of _ breach. All sublicenses _ the Covered
Software which are properly granted shall survive any termination of this
License. Provisions which, by their nature, must remain in effect beyond
_ termination of this License shall survive.
8.2 If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Nokia _ a Contributor (Nokia
_ Contributor against whom You file such action _ referred _ as "Participant")
a) such Participant's Contributor Version directly _ indirectly infringes
any patent, then any _ all rights granted by such Participant _ You
under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
from Participant terminate prospectively, unless if within 60 days after
receipt of notice You either: (i) agree in writing _ pay Participant a
mutually agreeable reasonable royalty for Your past _ future use of Modifications
made by such Participant, _ (ii) withdraw Your litigation claim with respect
_ the Contributor Version against such Participant. If within 60 days
of notice, a reasonable royalty _ payment arrangement are not mutually
agreed upon in writing by _ parties _ the litigation claim _ not withdrawn,
_ rights granted by Participant _ You under Sections 2.1 and/or 2.2
automatically terminate at _ expiration of _ 60 day notice period specified
b) any software, hardware, _ device, other than such Participant's
Contributor Version, directly _ indirectly infringes any patent, then
any rights granted _ You by such Participant under Sections 2.1(b) and
2.2(b) are revoked effective as of _ date You first made, used, sold,
distributed, _ had made, Modifications made by that Participant.
8.3 If You assert a patent infringement claim against Participant alleging
that such Participant's Contributor Version directly _ indirectly infringes
any patent where such claim _ resolved (such as by license _ settlement)
prior _ the initiation of patent infringement litigation, then _ reasonable
value of _ licenses granted by such Participant under Sections 2.1 or
2.2 shall be taken into account in determining _ amount _ value of any
payment _ license.
8.4 In _ event of termination under Sections 8.1 _ 8.2 above, all
end user license agreements (excluding distributors _ resellers) which
have been validly granted by You _ any distributor hereunder prior to
termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES _ UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, _ OTHERWISE, SHALL YOU, NOKIA, ANY OTHER CONTRIBUTOR,
_ ANY DISTRIBUTOR OF COVERED SOFTWARE, _ ANY SUPPLIER OF ANY OF SUCH
PARTIES, BE LIABLE _ ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
_ CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE _ MALFUNCTION,
_ ANY _ ALL OTHER COMMERCIAL DAMAGES _ LOSSES, EVEN IF SUCH PARTY SHALL
HAVE BEEN INFORMED OF _ POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY _ LIABILITY FOR DEATH _ PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE _ THE EXTENT APPLICABLE LAW PROHIBITS
SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW _ EXCLUSION _ LIMITATION
OF INCIDENTAL _ CONSEQUENTIAL DAMAGES, BUT MAY ALLOW LIABILITY _ BE LIMITED;
IN SUCH CASES, A PARTY's, ITS EMPLOYEES, LICENSORS _ AFFILIATES' LIABILITY
SHALL BE LIMITED _ U.S. $50. Nothing contained in this License shall prejudice
_ statutory rights of any party dealing as a consumer.
This License represents _ complete agreement concerning subject matter
hereof. All rights in _ Covered Software not expressly granted under
this License are reserved. Nothing in this License shall grant You any
rights _ use any of _ trademarks of Nokia _ any of its Affiliates,
even if any of such trademarks are included in any part of Covered Software
and/or documentation _ it.
This License _ governed by _ laws of Finland excluding its conflict-of-law
provisions. All disputes arising from _ relating _ this Agreement shall
be settled by a single arbitrator appointed by _ Central Chamber of Commerce
of Finland. _ arbitration procedure shall take place in Helsinki, Finland
in _ English language. If any part of this Agreement _ found void and
unenforceable, it will not affect _ validity of _ balance of _ Agreement,
which shall remain valid _ enforceable according _ its terms.
11. RESPONSIBILITY FOR CLAIMS.
As between Nokia _ the Contributors, each party _ responsible for
claims _ damages arising, directly _ indirectly, out of its utilization
of rights under this License _ You agree _ work with Nokia _ Contributors
_ distribute such responsibility _ an equitable basis. Nothing herein
_ intended _ shall be deemed _ constitute any admission of liability.
The contents of this file are subject _ the NOKOS License Version 1.0
(the "License"); you may not use this file except in compliance with the
Software distributed under _ License _ distributed _ an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express _ implied. See
_ License for _ specific language governing rights _ limitations
under _ License.
The Original Software is
Copyright © <year> Nokia _ others. All Rights Reserved.
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