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TERMS AND CONDITIONS FOR FORUM NOKIA SERVICES

1. FN.COM TERMS AND CONDITIONS FOR FORUM NOKIA SERVICES


1.1. Acceptance

THESE GENERAL TERMS AND CONDITIONS ("TERMS AND CONDITIONS") AND THE PRIVACY POLICY AVAILABLE AT WWW.FORUM.NOKIA.COM/PRIVACY ("PRIVACY POLICY") SHALL GOVERN THE USE BY YOU OF THE WEBSITES STATED ABOVE ("SITE" OR "FORUM NOKIA SERVICES") AND TOGETHER SHALL CONSTITUTE AN AGREEMENT BETWEEN YOU AND NOKIA CORPORATION OF ESPOO, FINLAND ("NOKIA"). THE TERMS OF THE PRIVACY POLICY ARE INCORPORATED INTO THESE TERMS AND CONDITIONS BY THIS REFERENCE.

1.2. Forum Nokia Services

1.2.1 General. The Site is an Internet based service hosted by Nokia that allows users to upload, share, and download content for personal computers and mobile devices that access the Internet through different services available in the Site, including but not limited to services called Forum Nokia Blogs, Wiki, Discussion Boards and Remote Device Access Services and Forum Nokia Champion which is a service available only by invitation in writing by Nokia. The Site and benefits that might be included in the Forum Nokia Services are available for Your personal use only, and You are not allowed to sell or in any other way transfer these benefits to any third party.

Additional terms and conditions may apply to purchases of goods or services, uploading of applications or other material, and to specific portions or features of the Forum Nokia Services, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of Forum Nokia Services or for any service offered on or through Forum Nokia Services, the latter terms shall control with respect to your use of that portion of Forum Nokia Services or the specific service. The specific terms relating to the Remote Device Access Services are contemplated at the end of these Terms and Conditions.

1.2.2 Software. By downloading and/or using any software or tool available through Forum Nokia Services you agree to also be bound by the terms and conditions set forth in the Forum Nokia End-User Software Agreement attached to the end of these Terms and Conditions. However, certain software provided by Nokia to you through the Forum Nokia Services may be accompanied by its own licensing terms, in which case such licensing terms will govern your use of that particular software and in such case the terms and conditions of the Nokia Corporation End-User Software Agreement shall not apply.

1.2.3 Third Party Information. Referencies of third parties and third party products in any materials, advertising, promotions or coupons provided to program members is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and Nokia shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.

1.2.4 Confidentiality. You agree that all information disclosed by Nokia to you that relates to Nokia's products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third-party confidential information, will be considered and referred to collectively as "Confidential Information." Confidential Information, however, does not include: (a) information that Nokia makes generally available to the public; (b) information that you can demonstrate to have had rightfully in your possession prior to disclosure to you by Nokia; (c) information that is independently developed by you without the use of any Confidential Information; or (d) information that you rightfully obtain from a third party who has been given the right to transfer or disclose it by Nokia. You agree not to disclose, publish, or disseminate Confidential Information to anyone other than those individuals who have an existing Forum Nokia membership. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. You agree not to use Confidential Information otherwise for your own or any third party's benefit without the prior written approval of an authorized representative of Nokia in each instance.

You further agree that despite of any other confidentiality agreements you may have between you and Nokia, Nokia will not be responsible for keeping confidential any information you provide to Nokia through the use of Forum Nokia Services. Nokia or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. If, despite the request that you not send us your ideas and materials, you still send them, please understand that Nokia makes no assurances that your ideas and materials will be treated as confidential or proprietary.

1.2.5 Links. Nokia may include links to sites on the Internet that are owned or operated by third parties. If you choose to use such links to such sites you agree to review and accept such site.s rules of use before using such site. You access the third-party sites at your own risk. Nokia does not assume any responsibility for material created or published by such third-party sites. By providing a link to a third party site Nokia does not imply that Nokia endorses the site or the products or services referenced in such third party site.

1.2.6 Trademarks. This Agreement does not grant you any rights to use the Nokia name or to use any trademarks of Nokia.

1.3. Access

1.3.1 In order to use Forum Nokia Services, you need to register. Registration may be needed also to specific portions of the Forum Nokia Services which may only be available by invitation by Nokia. To register, you need to create a username and password. You agree to provide truthful, accurate and complete information when you are registering and you agree to maintain and update any information provided. Any false identification or e-mail address or otherwise misleading information about your identity is strictly forbidden. Use of the Forum Nokia Services by using your username and/or password is assumed by us to be made by you and thus you are personally responsible for such use. You agree to take reasonable measures and all due care to protect your password and username against misuse by third parties. You agree to indemnify Nokia against any loss or damage caused as a result of misuse of the Forum Nokia Services by a third party where such misuse was made possible by your failure to take such reasonable measures and due care.

1.3.2 Nokia requests you to promptly notify Nokia of any unauthorized use of your username or of any other inappropriate use of the Forum Nokia Services nokia.forum.team@nokia.com.

1.4. Intellectual Property Rights

1.4.1 Save for all User Content (as defined in section 1.5.1 below), the content on Forum Nokia Services including, without limitation, images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials ("Content") are owned or licensed by Nokia and protected under copyright and other intellectual property right laws. All trade names, trademarks and service marks appearing on the Content are protected by Nokia or respective third party owners. Any rights not expressly granted herein are reserved. All Content is for your application development purposes and for your personal non-commercial use only and may not be used, modified, reproduced, transmitted, published, sold, licensed or distributed to any third parties .as such. or in combination with any applications if the Content would constitute the primary value of the product being distributed, or exploited in any other way without the written consent of Nokia or the respective right holder. Nokia also permits you to establish a link to materials on the Forum Nokia Site for personal and non-commercial use. Your access to this site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of Nokia or the third party owner thereof. You agree not to remove any copyright or other proprietary notices if you download or print Content. You also agree not to circumvent or disable any security or other technical features that prevent or restrict the use or copying of the Content.

1.5. Submissions of User Content

1.5.1 Some of the Forum Nokia Services allow users to upload, download, edit, test, host, share and/or publish content including, without limitation, images, icons, photographs, graphics, sounds, music, videos, texts, software, applications, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests, report or the like or any other materials ("User Content").

1.5.2 You are solely responsible for any submission of User Content and you agree to acquire any consents, permissions or licenses needed as required by these Terms and Conditions. If your User Content contains a link to content of a third party, you shall be responsible for acquiring consent for creating such link prior to making the User Content available if the consent is required by applicable legislation or terms of use of the linked sites. Upon such submission of any User Content to the Forum Nokia Site, for example, in comments, by e-mail, by uploading, linking, SMS, and/or MMS, you will grant Nokia and its affiliates and sublicenses. a nonexclusive, royalty-free, and free of charge, perpetual, worldwide, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, modify, adapt, create derivative works of, distribute, and display such content or any concept described in it throughout the world in any media, product and/or service, including but not limited to game decks, games, consoles, wireless devices, mobile phones and any related products, services and accessories, advertising, marketing and promotional materials, and digital reproductions, without compensation, restrictions on use, acknowledgment of source, accountability, or liability, and with waiver of all moral rights and rights of attribution, integrity, and identity. Nokia may, at its sole discretion, incorporate such User Content into any Nokia products or services. You further agree that any document, to which you may have contributed, may be locked at any time by Nokia at any time at Nokia.s sole discretion after which you can not make any modifications or alterations to the User Content.

1.5.3 When other users of Forum Nokia Site access or download your User Content, you also grant to such users a perpetual, worldwide, royalty-free and non-exclusive license to use, reproduce and have reproduced, modify and have modified, publicly perform and display such User Content and distribute reproduced and modified copies of such User Content in their personal and non-commercial use.

1.5.4 By submitting User Content to the Forum Nokia Service and using the Site you represent and warrant that:

(a) you own the User Content submitted by you to the Forum Nokia Service or otherwise have the right to grant the License set forth in this section. User Content submitted by you does not contain content that is unlawful, defamatory, offensive, abusive, libellous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or that encourages to any illegal activity, criminal offence or civil liability;

(b) User Content submitted by you does not contain a virus, Trojan horse, .sniffer. routines, backdoors, .robots., .spiders., worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features;

(c) you will not submit any advertisements or solicitations of business;

(d) User Content submitted by you does not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others; and

(e) you will not submit any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, .junk mail., .spam., pyramid schemes or any other solicitations or communications, including without limitation spamming us or other users of the Forum Nokia Service, or use or collect other users' e-mail addresses or phone numbers, or other users' information or postings, or use the site or service to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to our or any Forum Nokia Service.s visitor's computer system.

(f) you will not send any such messages through Forum Nokia Services to any other user, or to Nokia that contain vulgar, abusive, or otherwise inappropriate language.

(g) you will not disrupt the flow of discussion in discussion boards with vulgar, abusive, or otherwise inappropriate language; or by other means, including endlessly and repeatedly hitting the Enter key or posting repetitive text.

(h) you agree not to take action against Nokia in relation to User Content that you submit.

(i) your postings or User Content submissions shall not cause injury or harm to any persons or entities.

(j) you will not use the Site or Forum Nokia Services to "stalk" or harass another person, and your User Content and use will not suggest or encourage any illegal activity.

(k) your use of the site(s) or services will not compromise the security or integrity of Nokia's computer systems, networks, or Web site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on the Site or its infrastructure, or using any computer programming routine, file, or device to damage or interfere with the operation of the site(s) or services.


1.5.5 Nokia further requires you to use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any photos or video submissions to the Forum Nokia Site. Please note that privacy laws may protect individuals with respect to their being photographed or videotaped, so please respect the privacy of others by asking for and obtaining their consent to be photographed or videotaped, as well as for your submissions of photos or videos to the Forum Nokia Site.

1.5.6 Any use of the Forum Nokia Services, Content and User Content which does not comply with the foregoing is strictly prohibited. Nokia expressly disclaims any liability arising out of or relating to the User Content.

1.5.7 Written notifications of claimed copyright infringement should be sent to Nokia.s designated copyright agent at legal at Director Brand Protection, Nokia, Inc., 102 Corporate Park Dr White Plains, NY 10604; fax: +1-914-368-0501, e-mail: copyright.notices@nokia.com ("Designated Agent").To be effective, the notification must include the following:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) Identification or description of the copyrighted work claimed to have been infringed;

(c) Identification or description of the material that is claimed to be infringing and information reasonably sufficient to the Designated Agent to locate the material;

(d) Your name, address, telephone number, e-mail address and any other information which will permit the Designated Agent to contact you;

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

1.5.8 For written notifications of any other User Content which is inappropriate, unlawful, defamatory, offensive, abusive or otherwise unfit for publication please write to us to nokia.forum.team@nokia.com stating your full name and address, details of the location of the User Content in question and a detailed explanation why it is inappropriate, offensive or unlawful.

1.5.9 Nokia may remove any User Content that in the sole judgement of Nokia violates the Terms and Conditions or which may be offensive, illegal or violate the rights of, or harm or threaten the safety of, any person. Nokia assumes no responsibility for monitoring the Forum Nokia Services for inappropriate User Content or conduct. If at any time Nokia chooses, at its sole discretion, to monitor the Forum Nokia Services, Nokia nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content. Other users of the Forum Nokia Services will be asked to report all User Content inappropriate, unlawful, defamatory, offensive, and abusive or otherwise unfit for publication at nokia.forum.team@nokia.com.

1.6. Comments and other Information

Please be aware that the submission of comments or information through other similar medium will be published in Forum Nokia Site and subject to many kinds of different users of different age and level of experience and Nokia does not assume responsibility for monitoring of the material posted and published. Your use of public forums like comments, message boards and chat rooms is at your own risk and you are solely responsible for all and any actions you take as well as for all and any actions that you take based on information gained on such public forum.

1.7. Disclaimer of Warranties

THIS FORUM NOKIA SITE, AS WELL AS CONTENT AND USER CONTENT THEREOF, ARE PROVIDED BY NOKIA ON AN .AS IS. AND .AS AVAILABLE. BASIS. NOKIA DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR OR VIRUS-FREE. NOKIA RESERVES THE RIGHT TO REVISE THE SITE OR WITHDRAW ACCESS TO IT AT ANY TIME WITHOUT NOTICE TO YOU. NOKIA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE FORUM NOKIA SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE EXPOSED TO USER CONTENT FROM VARIOUS SOURCES. NOKIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY USER CONTENT OR INFORMATION PROVIDED BY OTHER USERS OF THE FORUM NOKIA SERVICES.

1.8. Privacy Policy

Personal information, such as your name, address, e-mail address and phone number ("Personal Information") i) submitted by you on or through this Forum Nokia Site and ii) collected in the course of providing the service is processed in accordance with the Forum Nokia Site.s Privacy Policy. You acknowledge that the Privacy Policy explains how we track your usage of the service and process your personal data thereto including without limitation the purposes for which personal data is used, the categories of processed personal data, the disclosures of such personal data and the transfers of such personal data, which may take place also to countries outside EU/EEA in the course of the provision of the service. You agree and consent to such processing by accepting these terms and conditions. For further information please review the Privacy Policy at http://www.forum.nokia.com/main/general/privacy_policy.html.

1.9. Direct Marketing

You may also give us your consent to use your personal data for direct marketing purposes. You have the right, at any time, to prohibit us or our third-party designees from using any personal data collected from you for direct marketing purposes, even if you have earlier consented to such use. To prohibit the use of your personal data for direct marketing purposes or to amend, review or remove your personal data, please log-in to the registration site and go to the Member Data section.

1.10. Fees

The use of the Forum Nokia Services is free of charge. Nokia reserves the right to charge for the Forum Nokia Services and to change its fees from time to time, at its discretion. Nokia may from time to time launch other services which may be subject to a separate charge and terms.

1.11. Limitations of Liability

EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY OR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, NOKIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE AND SERVICE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

FORUM NOKIA SITE IS HOSTED AND MADE AVAILABLE FROM FINLAND. IN THE EVENT YOU ACCESS FORUM NOKIA SITE FROM OTHER JURISDICTIONS, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LOCAL LAW.

1.12. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NOKIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS AND ALL LIABILITIES, ASSESSMENTS, LOSSES, COSTS OR DAMAGES RESULTING FROM OR ARISING OUT OF: I) YOUR BREACH OF THESE TERMS AND CONDITIONS or PRIVACY POLICY; II) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, OTHER RIGHTS OR PRIVACY OF A THIRD PARTY.

1.13. Term

These Terms and Conditions are effective as of 2007 and are valid until further notice. Nokia has the right to change these Terms and Conditions and Privacy Policy from time to time in its sole discretion. Such changes shall become effective upon posting a notification on this site and you agree to be bound to any and all of the changes when you use the Forum Nokia Services. Nokia reserves the right, in its sole discretion and with immediate effects, and without any liability, to terminate your membership and your access to all or any part of the Forum Nokia Services without prior notice; without limitation, Nokia may do so if you submit User Content that is infringing or otherwise in violation of these Terms and Conditions. You may also, at any time, terminate your registration to the Forum Nokia Service. Please note that if you choose to terminate your registration, you will no longer have access to the Forum Nokia Service. In the event of termination, the provisions of these Terms and Conditions and Privacy Policy that are intended to survive such termination shall remain unaffected including, without limitation, Clauses 12 (Limitations of liability) and 13 (Indemnity).

1.14. Export Control

Forum Nokia Site is subject to applicable export control laws in the USA, Finland and other countries, including, without limitation, regulations administered by the US Department of Commerce's Bureau of Industry and Security and the Department of the Treasury's Office of Foreign Assets Control. You agree to abide these laws and not to transfer or make available, by electronic transmission or otherwise any content, software, encryption or materials subject to restrictions under such laws to a destination prohibited by such laws.

1.15. Assignment

Nokia shall have the right to assign these Terms and Conditions and Privacy Policy or its rights and obligations hereunder to a third party without your prior written consent, but may not be assigned by you without Nokia's prior written consent.

1.16. General

This Forum Nokia Site shall be governed by the laws of Finland without regard to conflict of law provisions. You agree that any dispute arising out of these Terms and Conditions and Privacy Policy shall be resolved exclusively in the district court of Espoo, Finland. These Terms and Conditions together with Privacy Policy and other legal notices submitted by Nokia on the Forum Nokia Site constitute the entire agreement between you and Nokia regarding the use of the Forum Nokia Site. The failure of Nokia to exercise any right of this agreement shall not be considered as a waiver of such right. If any provision of this agreement is considered unlawful or void, it does not affect the validity and enforceability of other provisions of this agreement. A failure of Nokia to insist upon the performance of one or more of the terms of these Terms and Conditions and Privacy Policy shall not be deemed to be a waiver of its rights to enforce such terms, or of any rights or remedies the Nokia may have in subsequent similar situations. It is your responsibility to review the Terms and Conditions and Privacy Policy regularly to ensure that you are up to date as to any changes in the Terms and Conditions and Privacy Policy. Please contact us at nokia.forum.team@nokia.com with any questions regarding these Terms and Conditions.


2. SERVICE SPECIFIC TERMS

2.1 Nokia Remote Device Access Services.

2.1.1 In addition to these Terms and Conditions (specifically of clause 1.5.4 subsections a-k), the following terms shall govern the use of Nokia Remote Device Access Services.

2.1.2Nokia Remote Device Access Services is service where you can conduct testing and emulating (.Testing.) of your software program or, if applicable, content data or files (.Application.) in a Nokia device(s) available through Forum Nokia Site (.Nokia Device.). The Nokia Devices may vary from time to time. You agree and acknowledge that using the Nokia Devices through the Nokia Remote Device Access Services does not fully comply with the real simultaneous user experience due to the fact that the not all the device services are available through the Nokia Remote Device Access Services. You also agree and acknowledge that you may have access through the Nokia Remote Device Access Services to a prototype level Nokia Device, which functionalities and software may differ noticeably of the commercial Nokia Devices.You may only install for Testing Applications for which you accept full responsibility.

2.1.3 You acknowledge that your participation in the Nokia Remote Device Access Services is solely at your own risk and that Nokia has no liability to you and you have no cause of action and may not seek recourse or damages against Nokia relating to the Testing. You acknowledge that the Application may require Manufacturer Approved DevCert before the installation for Testing is allowed (.Manufacturer Approved DevCert. means the key pair of private key and public key, in which the public key has been certified to be associated with a certificate installed in the Nokia Device. The private key and the Phone Manufacturer Approved DevCert can be used to certify application requiring capabilities to work in a Nokia Device). You are solely liable to remove any information, including but not limited to the Application, you have submitted to the Nokia Device. Nokia does not provide technical support for the Nokia Remote Device Access Services.

2.1.4 You warrant that:

(i) you will only use the Nokia Remote Device Access Services for the purposes of Testing the Application; and

(ii) you have not introduced any viruses, worms, software bombs, malicious code or similar items into the Applications and that you have exercised reasonable care consistent with prevailing industry standards to ensure no viruses, worms, software bombs, malicious code or similar items have been introduced by any third party into the Applications; and

(iii) you shall not introduce any viruses, worms, software bombs, malicious code or similar items into the Nokia Device while using the Nokia Remote Device Access Services on; and

(iv) your Applications do not impair or otherwise adversely affect the operation of Nokia Remote Device Access Services or Nokia Device on which your Applications are installed for, nor any system or network with which such smartphone, computer or device may connect to, nor do they prevent or hinder access to any program or data, nor do they impair the operation of any program or the reliability of any data; and

(v) you uninstall any and all Applications you have installed into the Nokia Device. In case you cannot have them uninstalled for what ever reason, you shall contact the Nokia administrator; and

(vi) you shall not not copy, remove, uninstall, modify, download any files, data or computer programs in the Nokia Device, or reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any software included in the Nokia Device.


3. 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 you have ordered, 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:

FORUM NOKIA

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 signed 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

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