Copy license files from Qt base

Change-Id: Ia0a5488bf6f9f2e0d6d3d45109858863c9185bea
Reviewed-by: Thiago Macieira <thiago.macieira@intel.com>
This commit is contained in:
Shane Kearns 2012-04-16 15:14:53 +01:00 committed by Shane Kearns
parent edbc8bf5f6
commit 8a578c4c30
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Nokia Qt LGPL Exception version 1.1
As an additional permission to the GNU Lesser General Public License version
2.1, the object code form of a "work that uses the Library" may incorporate
material from a header file that is part of the Library. You may distribute
such object code under terms of your choice, provided that:
(i) the header files of the Library have not been modified; and
(ii) the incorporated material is limited to numerical parameters, data
structure layouts, accessors, macros, inline functions and
templates; and
(iii) you comply with the terms of Section 6 of the GNU Lesser General
Public License version 2.1.
Moreover, you may apply this exception to a modified version of the Library,
provided that such modification does not involve copying material from the
Library into the modified Library's header files unless such material is
limited to (i) numerical parameters; (ii) data structure layouts;
(iii) accessors; and (iv) small macros, templates and inline functions of
five lines or less in length.
Furthermore, you are not required to apply this additional permission to a
modified version of the Library.

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GNU Free Documentation License
Version 1.3, 3 November 2008
Copyright (C) 2000, 2001, 2002, 2007, 2008 Free Software Foundation, Inc.
<http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other
functional and useful document "free" in the sense of freedom: to
assure everyone the effective freedom to copy and redistribute it,
with or without modifying it, either commercially or noncommercially.
Secondarily, this License preserves for the author and publisher a way
to get credit for their work, while not being considered responsible
for modifications made by others.
This License is a kind of "copyleft", which means that derivative
works of the document must themselves be free in the same sense. It
complements the GNU General Public License, which is a copyleft
license designed for free software.
We have designed this License in order to use it for manuals for free
software, because free software needs free documentation: a free
program should come with manuals providing the same freedoms that the
software does. But this License is not limited to software manuals;
it can be used for any textual work, regardless of subject matter or
whether it is published as a printed book. We recommend this License
principally for works whose purpose is instruction or reference.
1. APPLICABILITY AND DEFINITIONS
This License applies to any manual or other work, in any medium, that
contains a notice placed by the copyright holder saying it can be
distributed under the terms of this License. Such a notice grants a
world-wide, royalty-free license, unlimited in duration, to use that
work under the conditions stated herein. The "Document", below,
refers to any such manual or work. Any member of the public is a
licensee, and is addressed as "you". You accept the license if you
copy, modify or distribute the work in a way requiring permission
under copyright law.
A "Modified Version" of the Document means any work containing the
Document or a portion of it, either copied verbatim, or with
modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of
the Document that deals exclusively with the relationship of the
publishers or authors of the Document to the Document's overall
subject (or to related matters) and contains nothing that could fall
directly within that overall subject. (Thus, if the Document is in
part a textbook of mathematics, a Secondary Section may not explain
any mathematics.) The relationship could be a matter of historical
connection with the subject or with related matters, or of legal,
commercial, philosophical, ethical or political position regarding
them.
The "Invariant Sections" are certain Secondary Sections whose titles
are designated, as being those of Invariant Sections, in the notice
that says that the Document is released under this License. If a
section does not fit the above definition of Secondary then it is not
allowed to be designated as Invariant. The Document may contain zero
Invariant Sections. If the Document does not identify any Invariant
Sections then there are none.
The "Cover Texts" are certain short passages of text that are listed,
as Front-Cover Texts or Back-Cover Texts, in the notice that says that
the Document is released under this License. A Front-Cover Text may
be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy,
represented in a format whose specification is available to the
general public, that is suitable for revising the document
straightforwardly with generic text editors or (for images composed of
pixels) generic paint programs or (for drawings) some widely available
drawing editor, and that is suitable for input to text formatters or
for automatic translation to a variety of formats suitable for input
to text formatters. A copy made in an otherwise Transparent file
format whose markup, or absence of markup, has been arranged to thwart
or discourage subsequent modification by readers is not Transparent.
An image format is not Transparent if used for any substantial amount
of text. A copy that is not "Transparent" is called "Opaque".
Examples of suitable formats for Transparent copies include plain
ASCII without markup, Texinfo input format, LaTeX input format, SGML
or XML using a publicly available DTD, and standard-conforming simple
HTML, PostScript or PDF designed for human modification. Examples of
transparent image formats include PNG, XCF and JPG. Opaque formats
include proprietary formats that can be read and edited only by
proprietary word processors, SGML or XML for which the DTD and/or
processing tools are not generally available, and the
machine-generated HTML, PostScript or PDF produced by some word
processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself,
plus such following pages as are needed to hold, legibly, the material
this License requires to appear in the title page. For works in
formats which do not have any title page as such, "Title Page" means
the text near the most prominent appearance of the work's title,
preceding the beginning of the body of the text.
The "publisher" means any person or entity that distributes copies of
the Document to the public.
A section "Entitled XYZ" means a named subunit of the Document whose
title either is precisely XYZ or contains XYZ in parentheses following
text that translates XYZ in another language. (Here XYZ stands for a
specific section name mentioned below, such as "Acknowledgements",
"Dedications", "Endorsements", or "History".) To "Preserve the Title"
of such a section when you modify the Document means that it remains a
section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which
states that this License applies to the Document. These Warranty
Disclaimers are considered to be included by reference in this
License, but only as regards disclaiming warranties: any other
implication that these Warranty Disclaimers may have is void and has
no effect on the meaning of this License.
2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either
commercially or noncommercially, provided that this License, the
copyright notices, and the license notice saying this License applies
to the Document are reproduced in all copies, and that you add no
other conditions whatsoever to those of this License. You may not use
technical measures to obstruct or control the reading or further
copying of the copies you make or distribute. However, you may accept
compensation in exchange for copies. If you distribute a large enough
number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and
you may publicly display copies.
3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have
printed covers) of the Document, numbering more than 100, and the
Document's license notice requires Cover Texts, you must enclose the
copies in covers that carry, clearly and legibly, all these Cover
Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on
the back cover. Both covers must also clearly and legibly identify
you as the publisher of these copies. The front cover must present
the full title with all words of the title equally prominent and
visible. You may add other material on the covers in addition.
Copying with changes limited to the covers, as long as they preserve
the title of the Document and satisfy these conditions, can be treated
as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit
legibly, you should put the first ones listed (as many as fit
reasonably) on the actual cover, and continue the rest onto adjacent
pages.
If you publish or distribute Opaque copies of the Document numbering
more than 100, you must either include a machine-readable Transparent
copy along with each Opaque copy, or state in or with each Opaque copy
a computer-network location from which the general network-using
public has access to download using public-standard network protocols
a complete Transparent copy of the Document, free of added material.
If you use the latter option, you must take reasonably prudent steps,
when you begin distribution of Opaque copies in quantity, to ensure
that this Transparent copy will remain thus accessible at the stated
location until at least one year after the last time you distribute an
Opaque copy (directly or through your agents or retailers) of that
edition to the public.
It is requested, but not required, that you contact the authors of the
Document well before redistributing any large number of copies, to
give them a chance to provide you with an updated version of the
Document.
4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under
the conditions of sections 2 and 3 above, provided that you release
the Modified Version under precisely this License, with the Modified
Version filling the role of the Document, thus licensing distribution
and modification of the Modified Version to whoever possesses a copy
of it. In addition, you must do these things in the Modified Version:
A. Use in the Title Page (and on the covers, if any) a title distinct
from that of the Document, and from those of previous versions
(which should, if there were any, be listed in the History section
of the Document). You may use the same title as a previous version
if the original publisher of that version gives permission.
B. List on the Title Page, as authors, one or more persons or entities
responsible for authorship of the modifications in the Modified
Version, together with at least five of the principal authors of the
Document (all of its principal authors, if it has fewer than five),
unless they release you from this requirement.
C. State on the Title page the name of the publisher of the
Modified Version, as the publisher.
D. Preserve all the copyright notices of the Document.
E. Add an appropriate copyright notice for your modifications
adjacent to the other copyright notices.
F. Include, immediately after the copyright notices, a license notice
giving the public permission to use the Modified Version under the
terms of this License, in the form shown in the Addendum below.
G. Preserve in that license notice the full lists of Invariant Sections
and required Cover Texts given in the Document's license notice.
H. Include an unaltered copy of this License.
I. Preserve the section Entitled "History", Preserve its Title, and add
to it an item stating at least the title, year, new authors, and
publisher of the Modified Version as given on the Title Page. If
there is no section Entitled "History" in the Document, create one
stating the title, year, authors, and publisher of the Document as
given on its Title Page, then add an item describing the Modified
Version as stated in the previous sentence.
J. Preserve the network location, if any, given in the Document for
public access to a Transparent copy of the Document, and likewise
the network locations given in the Document for previous versions
it was based on. These may be placed in the "History" section.
You may omit a network location for a work that was published at
least four years before the Document itself, or if the original
publisher of the version it refers to gives permission.
K. For any section Entitled "Acknowledgements" or "Dedications",
Preserve the Title of the section, and preserve in the section all
the substance and tone of each of the contributor acknowledgements
and/or dedications given therein.
L. Preserve all the Invariant Sections of the Document,
unaltered in their text and in their titles. Section numbers
or the equivalent are not considered part of the section titles.
M. Delete any section Entitled "Endorsements". Such a section
may not be included in the Modified Version.
N. Do not retitle any existing section to be Entitled "Endorsements"
or to conflict in title with any Invariant Section.
O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or
appendices that qualify as Secondary Sections and contain no material
copied from the Document, you may at your option designate some or all
of these sections as invariant. To do this, add their titles to the
list of Invariant Sections in the Modified Version's license notice.
These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains
nothing but endorsements of your Modified Version by various
parties--for example, statements of peer review or that the text has
been approved by an organization as the authoritative definition of a
standard.
You may add a passage of up to five words as a Front-Cover Text, and a
passage of up to 25 words as a Back-Cover Text, to the end of the list
of Cover Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or
through arrangements made by) any one entity. If the Document already
includes a cover text for the same cover, previously added by you or
by arrangement made by the same entity you are acting on behalf of,
you may not add another; but you may replace the old one, on explicit
permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License
give permission to use their names for publicity for or to assert or
imply endorsement of any Modified Version.
5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this
License, under the terms defined in section 4 above for modified
versions, provided that you include in the combination all of the
Invariant Sections of all of the original documents, unmodified, and
list them all as Invariant Sections of your combined work in its
license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and
multiple identical Invariant Sections may be replaced with a single
copy. If there are multiple Invariant Sections with the same name but
different contents, make the title of each such section unique by
adding at the end of it, in parentheses, the name of the original
author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of
Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections Entitled "History"
in the various original documents, forming one section Entitled
"History"; likewise combine any sections Entitled "Acknowledgements",
and any sections Entitled "Dedications". You must delete all sections
Entitled "Endorsements".
6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other
documents released under this License, and replace the individual
copies of this License in the various documents with a single copy
that is included in the collection, provided that you follow the rules
of this License for verbatim copying of each of the documents in all
other respects.
You may extract a single document from such a collection, and
distribute it individually under this License, provided you insert a
copy of this License into the extracted document, and follow this
License in all other respects regarding verbatim copying of that
document.
7. AGGREGATION WITH INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate
and independent documents or works, in or on a volume of a storage or
distribution medium, is called an "aggregate" if the copyright
resulting from the compilation is not used to limit the legal rights
of the compilation's users beyond what the individual works permit.
When the Document is included in an aggregate, this License does not
apply to the other works in the aggregate which are not themselves
derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these
copies of the Document, then if the Document is less than one half of
the entire aggregate, the Document's Cover Texts may be placed on
covers that bracket the Document within the aggregate, or the
electronic equivalent of covers if the Document is in electronic form.
Otherwise they must appear on printed covers that bracket the whole
aggregate.
8. TRANSLATION
Translation is considered a kind of modification, so you may
distribute translations of the Document under the terms of section 4.
Replacing Invariant Sections with translations requires special
permission from their copyright holders, but you may include
translations of some or all Invariant Sections in addition to the
original versions of these Invariant Sections. You may include a
translation of this License, and all the license notices in the
Document, and any Warranty Disclaimers, provided that you also include
the original English version of this License and the original versions
of those notices and disclaimers. In case of a disagreement between
the translation and the original version of this License or a notice
or disclaimer, the original version will prevail.
If a section in the Document is Entitled "Acknowledgements",
"Dedications", or "History", the requirement (section 4) to Preserve
its Title (section 1) will typically require changing the actual
title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense, or distribute it is void, and
will automatically terminate your rights under this License.
However, if you cease all violation of this License, then your license
from a particular copyright holder is reinstated (a) provisionally,
unless and until the copyright holder explicitly and finally
terminates your license, and (b) permanently, if the copyright holder
fails to notify you of the violation by some reasonable means prior to
60 days after the cessation.
Moreover, your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies you of the
violation by some reasonable means, this is the first time you have
received notice of violation of this License (for any work) from that
copyright holder, and you cure the violation prior to 30 days after
your receipt of the notice.
Termination of your rights under this section does not terminate the
licenses of parties who have received copies or rights from you under
this License. If your rights have been terminated and not permanently
reinstated, receipt of a copy of some or all of the same material does
not give you any rights to use it.
10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions of the
GNU Free Documentation License from time to time. Such new versions
will be similar in spirit to the present version, but may differ in
detail to address new problems or concerns. See
http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number.
If the Document specifies that a particular numbered version of this
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that specified version or
of any later version that has been published (not as a draft) by the
Free Software Foundation. If the Document does not specify a version
number of this License, you may choose any version ever published (not
as a draft) by the Free Software Foundation. If the Document
specifies that a proxy can decide which future versions of this
License can be used, that proxy's public statement of acceptance of a
version permanently authorizes you to choose that version for the
Document.
11. RELICENSING
"Massive Multiauthor Collaboration Site" (or "MMC Site") means any
World Wide Web server that publishes copyrightable works and also
provides prominent facilities for anybody to edit those works. A
public wiki that anybody can edit is an example of such a server. A
"Massive Multiauthor Collaboration" (or "MMC") contained in the site
means any set of copyrightable works thus published on the MMC site.
"CC-BY-SA" means the Creative Commons Attribution-Share Alike 3.0
license published by Creative Commons Corporation, a not-for-profit
corporation with a principal place of business in San Francisco,
California, as well as future copyleft versions of that license
published by that same organization.
"Incorporate" means to publish or republish a Document, in whole or in
part, as part of another Document.
An MMC is "eligible for relicensing" if it is licensed under this
License, and if all works that were first published under this License
somewhere other than this MMC, and subsequently incorporated in whole or
in part into the MMC, (1) had no cover texts or invariant sections, and
(2) were thus incorporated prior to November 1, 2008.
The operator of an MMC Site may republish an MMC contained in the site
under CC-BY-SA on the same site at any time before August 1, 2009,
provided the MMC is eligible for relicensing.
ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of
the License in the document and put the following copyright and
license notices just after the title page:
Copyright (c) YEAR YOUR NAME.
Permission is granted to copy, distribute and/or modify this document
under the terms of the GNU Free Documentation License, Version 1.3
or any later version published by the Free Software Foundation;
with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts.
A copy of the license is included in the section entitled "GNU
Free Documentation License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts,
replace the "with...Texts." line with this:
with the Invariant Sections being LIST THEIR TITLES, with the
Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other
combination of the three, merge those two alternatives to suit the
situation.
If your document contains nontrivial examples of program code, we
recommend releasing these examples in parallel under your choice of
free software license, such as the GNU General Public License,
to permit their use in free software.

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GNU LESSER GENERAL PUBLIC LICENSE
The Qt GUI Toolkit is Copyright (C) 2012 Nokia Corporation and/or its subsidiary(-ies).
Contact: http://www.qt-project.org/
You may use, distribute and copy the Qt GUI Toolkit under the terms of
GNU Lesser General Public License version 2.1, which is displayed below.
-------------------------------------------------------------------------
GNU LESSER GENERAL PUBLIC LICENSE
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
[This is the first released version of the Lesser GPL. It also counts
as the successor of the GNU Library Public License, version 2, hence
the version number 2.1.]
Preamble
The licenses for most software are designed to take away your
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This license, the Lesser General Public License, applies to some
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Free Software Foundation and other authors who decide to use it. You
can use it too, but we suggest you first think carefully about whether
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We call this license the "Lesser" General Public License because it
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Although the Lesser General Public License is Less protective of the
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GNU LESSER GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License Agreement applies to any software library or other
program which contains a notice placed by the copyright holder or
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That's all there is to it!

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TECHNOLOGY PREVIEW LICENSE AGREEMENT
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TECHNOLOGY PREVIEW LICENSE AGREEMENT: The Americas
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electronic documentation, associated media and printed materials,
including the source code, example programs and the documentation
delivered by Nokia to Licensee in conjunction with this Agreement.
"Party" or "Parties" shall mean Licensee and/or Nokia.
2. OWNERSHIP
The Licensed Software is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The Licensed Software is licensed, not sold.
If Licensee provides any findings, proposals, suggestions or other
feedback ("Feedback") to Nokia regarding the Licensed Software, Nokia
shall own all right, title and interest including the intellectual
property rights in and to such Feedback, excluding however any existing
patent rights of Licensee. To the extent Licensee owns or controls any
patents for such Feedback Licensee hereby grants to Nokia and its
Affiliates, a worldwide, perpetual, non-transferable, sublicensable,
royalty-free license to (i) use, copy and modify Feedback and to create
derivative works thereof, (ii) to make (and have made), use, import,
sell, offer for sale, lease, dispose, offer for disposal or otherwise
exploit any products or services of Nokia containing Feedback,, and
(iii) sublicense all the foregoing rights to third party licensees and
customers of Nokia and/or its Affiliates.
3. VALIDITY OF THE AGREEMENT
By installing, copying, or otherwise using the Licensed Software,
Licensee agrees to be bound by the terms of this Agreement. If Licensee
does not agree to the terms of this Agreement, Licensee may not install,
copy, or otherwise use the Licensed Software. Upon Licensee's acceptance
of the terms and conditions of this Agreement, Nokia grants Licensee the
right to use the Licensed Software in the manner provided below.
4. LICENSES
4.1. Using and Copying
Nokia grants to Licensee a non-exclusive, non-transferable, time-limited
license to use and copy the Licensed Software for sole purpose of
designing, developing and testing Applications, and evaluating and the
Licensed Software during the Term.
Licensee may install copies of the Licensed Software on an unlimited
number of computers provided that (a) if an individual, only such
individual; or (b) if a legal entity only its employees; use the
Licensed Software for the authorized purposes.
4.2 No Distribution or Modifications
Licensee may not disclose, modify, sell, market, commercialise,
distribute, loan, rent, lease, or license the Licensed Software or any
copy of it or use the Licensed Software for any purpose that is not
expressly granted in this Section 4. Licensee may not alter or remove
any details of ownership, copyright, trademark or other property right
connected with the Licensed Software. Licensee may not distribute any
software statically or dynamically linked with the Licensed Software.
4.3 No Technical Support
Nokia has no obligation to furnish Licensee with any technical support
whatsoever. Any such support is subject to separate agreement between
the Parties.
5. PRE-RELEASE CODE
The Licensed Software contains pre-release code that is not at the level
of performance and compatibility of a final, generally available,
product offering. The Licensed Software may not operate correctly and
may be substantially modified prior to the first commercial product
release, if any. Nokia is not obligated to make this or any later
version of the Licensed Software commercially available. The License
Software is "Not for Commercial Use" and may only be used for the
purposes described in Section 4. The Licensed Software may not be used
in a live operating environment where it may be relied upon to perform
in the same manner as a commercially released product or with data that
has not been sufficiently backed up.
6. THIRD PARTY SOFTWARE
The Licensed Software may provide links to third party libraries or code
(collectively "Third Party Software") to implement various functions.
Third Party Software does not comprise part of the Licensed Software. In
some cases, access to Third Party Software may be included along with
the Licensed Software delivery as a convenience for development and
testing only. Such source code and libraries may be listed in the
".../src/3rdparty" source tree delivered with the Licensed Software or
documented in the Licensed Software where the Third Party Software is
used, as may be amended from time to time, do not comprise the Licensed
Software. Licensee acknowledges (1) that some part of Third Party
Software may require additional licensing of copyright and patents from
the owners of such, and (2) that distribution of any of the Licensed
Software referencing any portion of a Third Party Software may require
appropriate licensing from such third parties.
7. LIMITED WARRANTY AND WARRANTY DISCLAIMER
The Licensed Software is licensed to Licensee "as is". To the maximum
extent permitted by applicable law, Nokia on behalf of itself and its
suppliers, disclaims all warranties and conditions, either express or
implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement with regard to the Licensed Software.
8. LIMITATION OF LIABILITY
If, Nokia's warranty disclaimer notwithstanding, Nokia is held liable to
Licensee, whether in contract, tort or any other legal theory, based on
the Licensed Software, Nokia's entire liability to Licensee and
Licensee's exclusive remedy shall be, at Nokia's option, either (A)
return of the price Licensee paid for the Licensed Software, or (B)
repair or replacement of the Licensed Software, provided Licensee
returns to Nokia all copies of the Licensed Software as originally
delivered to Licensee. Nokia shall not under any circumstances be liable
to Licensee based on failure of the Licensed Software if the failure
resulted from accident, abuse or misapplication, nor shall Nokia under
any circumstances be liable for special damages, punitive or exemplary
damages, damages for loss of profits or interruption of business or for
loss or corruption of data. Any award of damages from Nokia to Licensee
shall not exceed the total amount Licensee has paid to Nokia in
connection with this Agreement.
9. CONFIDENTIALITY
Each party acknowledges that during the Term of this Agreement it shall
have access to information about the other party's business, business
methods, business plans, customers, business relations, technology, and
other information, including the terms of this Agreement, that is
confidential and of great value to the other party, and the value of
which would be significantly reduced if disclosed to third parties (the
"Confidential Information"). Accordingly, when a party (the "Receiving
Party") receives Confidential Information from another party (the
"Disclosing Party"), the Receiving Party shall, and shall obligate its
employees and agents and employees and agents of its Affiliates to: (i)
maintain the Confidential Information in strict confidence; (ii) not
disclose the Confidential Information to a third party without the
Disclosing Party's prior written approval; and (iii) not, directly or
indirectly, use the Confidential Information for any purpose other than
for exercising its rights and fulfilling its responsibilities pursuant
to this Agreement. Each party shall take reasonable measures to protect
the Confidential Information of the other party, which measures shall
not be less than the measures taken by such party to protect its own
confidential and proprietary information.
"Confidential Information" shall not include information that (a) is or
becomes generally known to the public through no act or omission of the
Receiving Party; (b) was in the Receiving Party's lawful possession
prior to the disclosure hereunder and was not subject to limitations on
disclosure or use; (c) is developed by the Receiving Party without
access to the Confidential Information of the Disclosing Party or by
persons who have not had access to the Confidential Information of the
Disclosing Party as proven by the written records of the Receiving
Party; (d) is lawfully disclosed to the Receiving Party without
restrictions, by a third party not under an obligation of
confidentiality; or (e) the Receiving Party is legally compelled to
disclose the information, in which case the Receiving Party shall assert
the privileged and confidential nature of the information and cooperate
fully with the Disclosing Party to protect against and prevent
disclosure of any Confidential Information and to limit the scope of
disclosure and the dissemination of disclosed Confidential Information
by all legally available means.
The obligations of the Receiving Party under this Section shall continue
during the Initial Term and for a period of five (5) years after
expiration or termination of this Agreement. To the extent that the
terms of the Non-Disclosure Agreement between Nokia and Licensee
conflict with the terms of this Section 9, this Section 9 shall be
controlling over the terms of the Non-Disclosure Agreement.
10. GENERAL PROVISIONS
10.1 No Assignment
Licensee shall not be entitled to assign or transfer all or any of its
rights, benefits and obligations under this Agreement without the prior
written consent of Nokia, which shall not be unreasonably withheld.
10.2 Termination
Nokia may terminate the Agreement at any time immediately upon written
notice by Nokia to Licensee if Licensee breaches this Agreement.
Upon termination of this Agreement, Licensee shall return to Nokia all
copies of Licensed Software that were supplied by Nokia. All other
copies of Licensed Software in the possession or control of Licensee
must be erased or destroyed. An officer of Licensee must promptly
deliver to Nokia a written confirmation that this has occurred.
10.3 Surviving Sections
Any terms and conditions that by their nature or otherwise reasonably
should survive a cancellation or termination of this Agreement shall
also be deemed to survive. Such terms and conditions include, but are
not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4,
10.5, 10.6, 10.7, and 10.8 of this Agreement.
10.4 Entire Agreement
This Agreement constitutes the complete agreement between the parties
and supersedes all prior or contemporaneous discussions,
representations, and proposals, written or oral, with respect to the
subject matters discussed herein, with the exception of the
non-disclosure agreement executed by the parties in connection with this
Agreement ("Non-Disclosure Agreement"), if any, shall be subject to
Section 9. No modification of this Agreement shall be effective unless
contained in a writing executed by an authorized representative of each
party. No term or condition contained in Licensee's purchase order shall
apply unless expressly accepted by Nokia in writing. If any provision of
the Agreement is found void or unenforceable, the remainder shall remain
valid and enforceable according to its terms. If any remedy provided is
determined to have failed for its essential purpose, all limitations of
liability and exclusions of damages set forth in this Agreement shall
remain in effect.
10.5 Export Control
Licensee acknowledges that the Licensed Software may be subject to
export control restrictions of various countries. Licensee shall fully
comply with all applicable export license restrictions and requirements
as well as with all laws and regulations relating to the importation of
the Licensed Software and shall procure all necessary governmental
authorizations, including without limitation, all necessary licenses,
approvals, permissions or consents, where necessary for the
re-exportation of the Licensed Software.,
10.6 Governing Law and Legal Venue
This Agreement shall be construed and interpreted in accordance with the
laws of Finland, excluding its choice of law provisions. Any disputes
arising out of or relating to this Agreement shall be resolved in
arbitration under the Rules of Arbitration of the Chamber of Commerce of
Helsinki, Finland. The arbitration tribunal shall consist of one (1), or
if either Party so requires, of three (3), arbitrators. The award shall
be final and binding and enforceable in any court of competent
jurisdiction. The arbitration shall be held in Helsinki, Finland and the
process shall be conducted in the English language.
10.7 No Implied License
There are no implied licenses or other implied rights granted under this
Agreement, and all rights, save for those expressly granted hereunder,
shall remain with Nokia and its licensors. In addition, no licenses or
immunities are granted to the combination of the Licensed Software with
any other software or hardware not delivered by Nokia under this
Agreement.
10.8 Government End Users
A "U.S. Government End User" shall mean any agency or entity of the
government of the United States. The following shall apply if Licensee
is a U.S. Government End User. The Licensed Software is a "commercial
item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of "commercial computer software" and "commercial computer
software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users acquire
the Licensed Software with only those rights set forth herein. The
Licensed Software (including related documentation) is provided to U.S.
Government End Users: (a) only as a commercial end item; and (b) only
pursuant to this Agreement.