
NOKIA MEDIAMASTER SOFTWARE
This Software Agreement (“Agreement”) is between You (either an individual or an entity), the End User, and Nokia Cor- poration, 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 “Soft- ware” means, collectively: (i) the software product identi- fied above (ii) digital images, stock photographs, clip art, or other artistic works (“Stock Files”) (iii) related explanatory written materials and any other possible documentation re- lated thereto (“Documentation”); (iv) fonts, and (v) up- grades, 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 Documenta- tion, do not retain any copies by yourself, and the recipient agrees to the terms and conditions of this Agreement.
(b)You may not use, modify, translate, reproduce, or trans- fer the right to use the Software or copy the Software ex- cept as expressly provided in this Agreement.
(c)You may not resell, except as set forth in clause 3 (a), sublicense, rent, lease, or lend the Software.
(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 ex- pressly 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 possible the 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 man- ner 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 intel- lectual property rights.
4.COPYRIGHT. The Software and all rights, without limita- tion including proprietary rights therein, are owned by Nokia and/or its licensors and affiliates and are protected by inter- national 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
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 BUSI- NESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, IN- DIRECT, 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 AF- FILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURIS- DICTIONS DO NOT ALLOW THE EXCLUSION OF LIABIL- ITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, NOKIA, ITS EMPLOYEES OR LICENSORS OR AF- FILIATES’ LIABILITY SHALL BE LIMITED TO U.S. $50.
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