IMPORTANT: READ THE NOKIA CORPORATION, NOKIA HOME COMMUNICATIONS
This Software Agreement ("Agreement") is between You (either an individual or an entity), the End User, and Nokia Corporation, Nokia Home Communications ("Nokia"). The Agreement authorizes You to use the Software specified in Clause 1 below and which is included in this Nokia digital TV receiver. This is an agreement on
Read this Agreement carefully before using the Software. By using this Nokia digital TV receiver, 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, return this Nokia digital TV receiver and accompanying documentation to the place of purchase.
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) digital images, stock photographs, clip art, or other artistic works ("Stock Files") (iii) related explanatory written materials and any other possible documentation related thereto ("Documentation"); (iv) fonts, and (v) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to You by Nokia under this Agreement.
2.
3.LIMITATIONS ON
(a)You may transfer all your rights to the Software at the same time as You transfer this Nokia digital TV receiver on a permanent basis, provided that You transfer this Nokia digital TV receiver and all copies of the related Documentation, do not retain any copies for yourself, and the recipient agrees to the terms and conditions 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, except as set forth in clause 3 (a),
(d)You may not reverse engineer, decompile, 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, or distribute any of the possible 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
(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 licensor and affiliates. You must not copy the Software
5.COMMENCEMENT & TERMINATION. This Agreement is effective from the first date You use this Nokia digital TV receiver. You may terminate this Agreement at any time by returning, at Your own costs, this Nokia digital TV receiver, and all 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 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 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, 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 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 strictly comply with all applicable import and export regulations and acknowledge that You have the responsibility 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 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 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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