path: root/licenses/Nokia-EULA

THIS LICENSE COVERS THE FOLLOWING COMPONENTS

Maemo Flasher tool

IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING, OR USING
THE SOFTWARE

This Software includes some software copyrighted by Nokia Corporation or
third parties and some Open Source Software in binary form.

The Software copyrighted by Nokia or some third parties is licensed to you
under the Nokia End-User License Agreement [see below] and distributed to
you only in binary form.

The Open Source Software is licensed and distributed under GNU General
Public License (GPL, the GNU lesser General Public License (LGPL, aka. The GNU
Library General Public License) and/or other copyright licenses, permissions,
notices or disclaimers containing obligation or permission to provide the
source code of such software with the binary / executable form delivery of
the said software. The source code of such software are made available to
you in accordance with the referred license terms and conditions on this
page http://www.maemo.org. The exact license terms of GPL, LGPL and said
certain other licenses, as well as the required copyright and other notices,
permissions and acknowledgements are reproduced in and delivered to you as
part of the referred source code.


NOKIA CORPORATION END-USER SOFTWARE AGREEMENT

This Software Agreement ("Agreement") is between You (either an
individual or an entity), the End User, and Nokia Corporation ("Nokia").
The Agreement authorizes You to use the Software specified in Clause 1
below, which may be stored on a CD-ROM, sent to You by electronic mail,
or downloaded from Nokia's Web pages or Servers or from other sources
under the terms and conditions set forth below. This is an agreement on
end-user rights and not an agreement for sale. Nokia continues to own
the copy of the Software and the physical media contained in the sales
package and any other copy that You are authorized to make pursuant to
this Agreement.

Read this Agreement carefully before installing, downloading, or using
the Software.  By clicking on the "I Accept" button while installing,
downloading, and/or using the Software, 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, promptly click the "Decline"
or "I Do Not Accept" button, cancel the installation or downloading,
or destroy or return the Software and accompanying documentation to
Nokia. 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) all the contents of the
disk(s), CD-ROM(s), electronic mail and its file attachments, or other
media with which this Agreement is provided, including the object code
form of the software delivered via a CD-ROM, electronic mail, or Web page
(iii) digital images, stock photographs, clip art, or other artistic
works ("Stock Files") (iv) related explanatory written materials and
any other possible documentation related thereto ("Documentation");
(v) fonts, and (vi) upgrades, modified versions, updates, additions,
and copies of the Software (collectively "Updates"), if any, licensed
to You by Nokia under this Agreement.

2. END-USER RIGHTS AND USE.

Nokia grants to You non-exclusive, non-transferable end-user rights
to install the Software on the local hard disk(s) or other permanent
storage media of one computer and use the Software on a single computer
or terminal at a time.

3. LIMITATIONS ON END-USER RIGHTS.

You may not copy, distribute, or make derivative works of the Software
except as follows:

(a) You may make one copy of the Software on magnetic media as an archival
backup copy, provided Your archival backup copy is not installed or
used on any computer. Any other copies You make of the Software are in
violation 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, sublicense, rent, lease, or lend the Software.

(d) You may not reverse engineer, reverse compile, 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 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 stand-alone
basis, i.e., in circumstances in which the Stock Files constitute the
primary value of the product being distributed. You should review the
"Readme" files associated with the Stock Files that You use to ascertain
what rights You have with respect to such materials. Stock Files may
not be used in the production of libelous, defamatory, fraudulent,
infringing, lewd, obscene, or pornographic material or in any otherwise
illegal manner. You may not register or claim any rights in the Stock
Files or derivative works thereof.

(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 licensors and affiliates. You
must not copy the Software, except as set forth in clause 3 (Limitations
On End-User Rights). Any copies which You are permitted to make pursuant
to this Agreement must contain the same copyright and other proprietary
notices that appear on the Software.

5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL
MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES.

If the Software supports multiple platforms or languages, if You receive
the Software on multiple media, or if You otherwise receive multiple
copies of the Software, the number of computers on which all versions
of the Software are installed shall be one computer. You may not rent,
lease, sublicense, lend, or transfer versions or copies of the Software
You do not use. If the Software is an Update to a previous version of
the Software, You must possess valid end-user rights to such a previous
version in order to use the Update, and You may use the previous version
for ninety (90) days after You receive the Update in order to assist
You in the transition to the Update. After such time You no longer have
a right to use the previous version, except for the sole purpose of
enabling You to install the Update.

6. COMMENCEMENT & TERMINATION.

This Agreement is effective from the first date You install the
Software. You may terminate this Agreement at any time by permanently
deleting, destroying, and returning, at Your own costs, the Software, all
backup copies, and all related materials provided by Nokia. Your end-user
rights automatically and immediately terminate without notice from Nokia
if You fail to comply with any provision of this Agreement. In such an
event, You must immediately delete, destroy, or return at Your own cost,
the Software, all backup copies, and all related material to Nokia.

7. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW NEITHER NOKIA, ITS LICENSORS OR AFFILIATES,
NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE
WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR
OTHER RIGHTS.  THERE IS NO WARRANTY BY NOKIA OR BY ANY OTHER PARTY THAT
THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR
THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE
TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND
RESULTS OBTAINED FROM IT.

8. NO OTHER OBLIGATIONS.

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

9. 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.  Nothing contained
in this Agreement limits Nokia's liability to You in the event of death
or personal injury resulting from Nokia's negligence. Nokia is acting
on behalf of its employees and licensors or affiliates for the purpose
of disclaiming, excluding, and/or restricting obligations, warranties,
and liability as provided in this clause 9, but in no other respects
and for no other purpose.

10. TECHNICAL SUPPORT.

Nokia has no obligation to furnish You with technical support unless
separately agreed in writing between You and Nokia.

11. 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, re-export, transfer, 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.

12. NOTICES.

All notices and return of the Software and Documentation should be
delivered to:

NOKIA CORPORATION 
P.O. Box 100 
FIN-00045 
NOKIA GROUP FINLAND

13.  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, end-user agreements, communications, or advertising relating
to the Software.

PLEASE SUBMIT ANY ACCOMPANYING REGISTRATION FORMS TO RECEIVE REGISTRATION
BENEFITS WHERE APPLICABLE