Nokia Mediamaster software end-user license
related materials provided by Nokia. Your
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/JU- RISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, NOKIA, ITS EMPLOY- EES 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 dis- claiming, excluding, and/or restricting obligations, 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; in- cluding governmental research institutions, govern- mental 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 (telecommuni- cations companies and Internet service providers; banks and financial institutions; transportation; broadcast or entertainment; educational organiza- tions; civil health and medical organizations; retail or wholesale firms; and manufacturing or industrial entities not engaged in the manufacture or distribu- tion 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,
9.CONTACT DETAILS. If You want to contact Nokia in respect of this Agreement, contact Nokia at the following address:
Nokia Home Communications
Itämerenkatu
00180 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 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,
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