Nokia Mediamaster software end-user license

without notice from Nokia if You fail to comply with any provision of this Agreement. In such an event, You must immediately return at Your own cost, this Nokia digital TV receiver, and all related material to the place of purchase.

6.NO OTHER OBLIGATIONS. This Agreement creates no obligations on the part of Nokia other than as specifically set forth herein.

7.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 BUSI- NESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDEN- TAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CON- TRACT, 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 DAM- AGES. BECAUSE SOME COUNTRIES/STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLU- SION 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 preju- dice the statutory rights of any party dealing as a consumer. Nokia is acting on behalf of its employ- ees and licensors or affiliates for the purpose of disclaiming, excluding, and/or restricting obliga- tions, and liability as provided in this clause 7, but in no other respects and for no other purpose.

8.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 coun- tries. 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, re- gional, or local government department, agency, or other entity performing governmental functions; including governmental research institutions, gov- ernmental 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 organisations. This term does not include: utilities (telecommuni- cations companies and Internet service providers; banks and financial institutions; transportation; broadcast or entertainment; educational organisa- tions; civil health and medical organisations; retail or wholesale firms; and manufacturing or industrial entities not engaged in the manufacture or distri- bution of items or services controlled on the Wassenaar Munitions List.)” You agree to strictly comply with all applicable import and export regu- lations and acknowledge that You have the respon- sibility to obtain licenses to export, re-export, trans- fer, 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.

9.CONTACT DETAILS. If You want to contact Nokia in respect of this Agreement, contact Nokia at the following address:

Nokia Home Communications

ITÄMERENKATU 11-13,

00 180 HELSINKI

FINLAND

10. APPLICABLE LAW & GENERAL PROVISIONS.

This Agreement is governed by the laws of Finland. All disputes arising from or relating to this Agree- ment shall be settled by a single arbitrator ap- pointed 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 unenforce- able, it will not affect the validity of the balance of the Agreement, which shall remain valid and en- forceable according to its terms. This Agreement may only be modified in writing by an authorised 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 adver- tising relating to the Software.

GB 31