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1
2Nokia Open Source License (NOKOS
3License) Version 1.0a
4 1. DEFINITIONS.
5
6"Affiliates" of a party shall mean an entity
7
8a) which is directly or indirectly controlling such party;
9
10b) which is under the same direct or indirect ownership or control
11as such party; or
12
13c) which is directly or indirectly owned or controlled by such party.
14
15For these purposes, an entity shall be treated as being controlled
16by another if that other entity has fifty percent (50%) or more of the
17votes in such entity, is able to direct its affairs and/or to control the
18composition of its board of directors or equivalent body.
19
20"Commercial Use" shall mean distribution or otherwise making
21the Covered Software available to a third party.
22
23``Contributor`` shall mean each entity that creates or contributes
24to the creation of Modifications.
25
26``Contributor Version`` shall mean in case of any Contributor
27the combination of the Original Software, prior Modifications used by a
28Contributor, and the Modifications made by that particular Contributor
29and in case of Nokia in addition the Original Software in any form, including
30the form as Exceutable.
31
32``Covered Software`` shall mean the Original Software or Modifications
33or the combination of the Original Software and Modifications, in each
34case including portions thereof.
35
36``Electronic Distribution Mechanism`` shall mean a mechanism
37generally accepted in the software development community for the electronic
38transfer of data.
39
40``Executable`` shall mean Covered Software in any form other
41than Source Code.
42
43``Nokia`` shall mean Nokia Corporation and its Affiliates.
44
45``Larger Work`` shall mean a work, which combines Covered Software
46or portions thereof with code not governed by the terms of this License.
47
48``License`` shall mean this document.
49
50"Licensable" shall mean having the right to grant, to the maximum
51extent possible, whether at the time of the initial grant or subsequently
52acquired, any and all of the rights conveyed herein.
53
54``Modifications`` shall mean any addition to or deletion from
55the substance or structure of either the Original Software or any previous
56Modifications. When Covered Software is released as a series of files,
57a Modification is:
58
59a) Any addition to or deletion from the contents of a file containing
60Original Software or previous Modifications.
61
62b) Any new file that contains any part of the Original Software or
63previous Modifications.
64
65``Original Software`` shall mean the Source Code of computer
66software code which is described in the Source Code notice required by
67Exhibit A as Original Software, and which, at the time of its release under
68this License is not already Covered Software governed by this License.
69
70"Patent Claims" shall mean any patent claim(s), now owned
71or hereafter acquired, including without limitation, method, process, and
72apparatus claims, in any patent Licensable by grantor.
73
74``Source Code`` shall mean the preferred form of the Covered
75Software for making modifications to it, including all modules it contains,
76plus any associated interface definition files, scripts used to control
77compilation and installation of an Executable, or source code differential
78comparisons against either the Original Software or another well known,
79available Covered Software of the Contributor`s choice. The Source Code
80can be in a compressed or archival form, provided the appropriate decompression
81or de-archiving software is widely available for no charge.
82
83"You`` (or "Your") shall mean an individual or a legal
84entity exercising rights under, and complying with all of the terms of,
85this License or a future version of this License issued under Section 6.1.
86For legal entities, "You`` includes Affiliates of such entity.
87
882. SOURCE CODE LICENSE.
89
902.1 Nokia Grant.
91
92Subject to the terms of this License, Nokia hereby grants You a world-wide,
93royalty-free, non-exclusive license, subject to third party intellectual
94property claims:
95
96a) under copyrights Licensable by Nokia to use, reproduce, modify,
97display, perform, sublicense and distribute the Original Software (or portions
98thereof) with or without Modifications, and/or as part of a Larger Work;
99
100b) and under Patents Claims necessarily infringed by the making, using
101or selling of Original Software, to make, have made, use, practice, sell,
102and offer for sale, and/or otherwise dispose of the Original Software (or
103portions thereof).
104
105c) The licenses granted in this Section 2.1(a) and (b) are effective
106on the date Nokia first distributes Original Software under the terms of
107this License.
108
109d) Notwithstanding Section 2.1(b) above, no patent license is granted:
1101) for code that You delete from the Original Software; 2) separate from
111the Original Software; or 3) for infringements caused by: i) the modification
112of the Original Software or ii) the combination of the Original Software
113with other software or devices.
114
1152.2 Contributor Grant.
116
117Subject to the terms of this License and subject to third party intellectual
118property claims, each Contributor hereby grants You a world-wide, royalty-free,
119non-exclusive license
120
121a) under copyrights Licensable by Contributor, to use, reproduce, modify,
122display, perform, sublicense and distribute the Modifications created by
123such Contributor (or portions thereof) either on an unmodified basis, with
124other Modifications, as Covered Software and/or as part of a Larger Work;
125and
126
127b) under Patent Claims necessarily infringed by the making, using,
128or selling of Modifications made by that Contributor either alone and/or
129in combination with its Contributor Version (or portions of such combination),
130to make, use, sell, offer for sale, have made, and/or otherwise dispose
131of: 1) Modifications made by that Contributor (or portions thereof); and
1322) the combination of Modifications made by that Contributor with its Contributor
133Version (or portions of such combination).
134
135c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
136on the date Contributor first makes Commercial Use of the Covered Software.
137
138d) Notwithstanding Section 2.2(b) above, no patent license is granted:
1391) for any code that Contributor has deleted from the Contributor Version;
1402) separate from the Contributor Version; 3) for infringements caused by:
141i) third party modifications of Contributor Version or ii) the combination
142of Modifications made by that Contributor with other software (except as
143part of the Contributor Version) or other devices; or 4) under Patent Claims
144infringed by Covered Software in the absence of Modifications made by that
145Contributor.
146
1473. DISTRIBUTION OBLIGATIONS.
148
1493.1 Application of License.
150
151
152The Modifications which You create or to which You contribute are governed
153by the terms of this License, including without limitation Section 2.2.
154The Source Code version of Covered Software may be distributed only under
155the terms of this License or a future version of this License released
156under Section 6.1, and You must include a copy of this License with every
157copy of the Source Code You distribute. You may not offer or impose any
158terms on any Source Code version that alters or restricts the applicable
159version of this License or the recipients` rights hereunder. However, You
160may include an additional document offering the additional rights described
161in Section 3.5.
162
1633.2 Availability of Source Code.
164
165Any Modification which You create or to which You contribute must be
166made available in Source Code form under the terms of this License either
167on the same media as an Executable version or via an accepted Electronic
168Distribution Mechanism to anyone to whom you made an Executable version
169available; and if made available via Electronic Distribution Mechanism,
170must remain available for at least twelve (12) months after the date it
171initially became available, or at least six (6) months after a subsequent
172version of that particular Modification has been made available to such
173recipients. You are responsible for ensuring that the Source Code version
174remains available even if the Electronic Distribution Mechanism is maintained
175by a third party.
176
1773.3 Description of Modifications.
178
179You must cause all Covered Software to which You contribute to contain
180a file documenting the changes You made to create that Covered Software
181and the date of any change. You must include a prominent statement that
182the Modification is derived, directly or indirectly, from Original Software
183provided by Nokia and including the name of Nokia in (a) the Source Code,
184and (b) in any notice in an Executable version or related documentation
185in which You describe the origin or ownership of the Covered Software.
186
1873.4 Intellectual Property Matters
188
189(a) Third Party Claims.
190
191If Contributor has knowledge that a license under a third party`s intellectual
192property rights is required to exercise the rights granted by such Contributor
193under Sections 2.1 or 2.2, Contributor must include a text file with the
194Source Code distribution titled "LEGAL`` which describes the claim and
195the party making the claim in sufficient detail that a recipient will know
196whom to contact. If Contributor obtains such knowledge after the Modification
197is made available as described in Section 3.2, Contributor shall promptly
198modify the LEGAL file in all copies Contributor makes available thereafter
199and shall take other steps (such as notifying appropriate mailing lists
200or newsgroups) reasonably calculated to inform those who received the Covered
201Software that new knowledge has been obtained.
202
203(b) Contributor APIs.
204
205If Contributor`s Modifications include an application programming interface
206and Contributor has knowledge of patent licenses which are reasonably necessary
207to implement that API, Contributor must also include this information in
208the LEGAL file.
209
210(c) Representations.
211
212Contributor represents that, except as disclosed pursuant to Section
2133.4(a) above, Contributor believes that Contributor`s Modifications are
214Contributor`s original creation(s) and/or Contributor has sufficient rights
215to grant the rights conveyed by this License.
216
2173.5 Required Notices.
218
219You must duplicate the notice in Exhibit A in each file of the Source
220Code. If it is not possible to put such notice in a particular Source Code
221file due to its structure, then You must include such notice in a location
222(such as a relevant directory) where a user would be likely to look for
223such a notice. If You created one or more Modification(s) You may add your
224name as a Contributor to the notice described in Exhibit A. You must also
225duplicate this License in any documentation for the Source Code where You
226describe recipients` rights or ownership rights relating to Covered Software.
227You may choose to offer, and to charge a fee for, warranty, support, indemnity
228or liability obligations to one or more recipients of Covered Software.
229However, You may do so only on Your own behalf, and not on behalf of Nokia
230or any Contributor. You must make it absolutely clear that any such warranty,
231support, indemnity or liability obligation is offered by You alone, and
232You hereby agree to indemnify Nokia and every Contributor for any liability
233incurred by Nokia or such Contributor as a result of warranty, support,
234indemnity or liability terms You offer.
235
2363.6 Distribution of Executable Versions.
237
238You may distribute Covered Software in Executable form only if the
239requirements of Section 3.1-3.5 have been met for that Covered Software,
240and if You include a notice stating that the Source Code version of the
241Covered Software is available under the terms of this License, including
242a description of how and where You have fulfilled the obligations of Section
2433.2. The notice must be conspicuously included in any notice in an Executable
244version, related documentation or collateral in which You describe recipients`
245rights relating to the Covered Software. You may distribute the Executable
246version of Covered Software or ownership rights under a license of Your
247choice, which may contain terms different from this License, provided that
248You are in compliance with the terms of this License and that the license
249for the Executable version does not attempt to limit or alter the recipient`s
250rights in the Source Code version from the rights set forth in this License.
251If You distribute the Executable version under a different license You
252must make it absolutely clear that any terms which differ from this License
253are offered by You alone, not by Nokia or any Contributor. You hereby agree
254to indemnify Nokia and every Contributor for any liability incurred by
255Nokia or such Contributor as a result of any such terms You offer.
256
2573.7 Larger Works.
258
259You may create a Larger Work by combining Covered Software with other
260software not governed by the terms of this License and distribute the Larger
261Work as a single product. In such a case, You must make sure the requirements
262of this License are fulfilled for the Covered Software.
263
2644. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
265
266If it is impossible for You to comply with any of the terms of this
267License with respect to some or all of the Covered Software due to statute,
268judicial order, or regulation then You must: (a) comply with the terms
269of this License to the maximum extent possible; and (b) describe the limitations
270and the code they affect. Such description must be included in the LEGAL
271file described in Section 3.4 and must be included with all distributions
272of the Source Code.
273
274Except to the extent prohibited by statute or regulation, such description
275must be sufficiently detailed for a recipient of ordinary skill to be able
276to understand it.
277
2785. APPLICATION OF THIS LICENSE.
279
280This License applies to code to which Nokia has attached the notice
281in Exhibit A and to related Covered Software.
282
2836. VERSIONS OF THE LICENSE.
284
285
2866.1 New Versions.
287
288Nokia may publish revised and/or new versions of the License from time
289to time. Each version will be given a distinguishing version number.
290
2916.2 Effect of New Versions.
292
293Once Covered Software has been published under a particular version
294of the License, You may always continue to use it under the terms of that
295version. You may also choose to use such Covered Software under the terms
296of any subsequent version of the License published by Nokia. No one other
297than Nokia has the right to modify the terms applicable to Covered Software
298created under this License.
299
3007. DISCLAIMER OF WARRANTY.
301
302COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS`` BASIS,
303WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
304LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE,
305FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
306QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
307COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS LICENSORS
308OR AFFILIATES OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
309SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES
310AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED
311HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
312
3138. TERMINATION.
314
3158.1 This License and the rights granted hereunder will terminate automatically
316if You fail to comply with terms herein and fail to cure such breach within
31730 days of becoming aware of the breach. All sublicenses to the Covered
318Software which are properly granted shall survive any termination of this
319License. Provisions which, by their nature, must remain in effect beyond
320the termination of this License shall survive.
321
3228.2 If You initiate litigation by asserting a patent infringement claim
323(excluding declatory judgment actions) against Nokia or a Contributor (Nokia
324or Contributor against whom You file such action is referred to as "Participant")
325alleging that:
326
327a) such Participant`s Contributor Version directly or indirectly infringes
328any patent, then any and all rights granted by such Participant to You
329under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
330from Participant terminate prospectively, unless if within 60 days after
331receipt of notice You either: (i) agree in writing to pay Participant a
332mutually agreeable reasonable royalty for Your past and future use of Modifications
333made by such Participant, or (ii) withdraw Your litigation claim with respect
334to the Contributor Version against such Participant. If within 60 days
335of notice, a reasonable royalty and payment arrangement are not mutually
336agreed upon in writing by the parties or the litigation claim is not withdrawn,
337the rights granted by Participant to You under Sections 2.1 and/or 2.2
338automatically terminate at the expiration of the 60 day notice period specified
339above.
340
341b) any software, hardware, or device, other than such Participant`s
342Contributor Version, directly or indirectly infringes any patent, then
343any rights granted to You by such Participant under Sections 2.1(b) and
3442.2(b) are revoked effective as of the date You first made, used, sold,
345distributed, or had made, Modifications made by that Participant.
346
3478.3 If You assert a patent infringement claim against Participant alleging
348that such Participant`s Contributor Version directly or indirectly infringes
349any patent where such claim is resolved (such as by license or settlement)
350prior to the initiation of patent infringement litigation, then the reasonable
351value of the licenses granted by such Participant under Sections 2.1 or
3522.2 shall be taken into account in determining the amount or value of any
353payment or license.
354
3558.4 In the event of termination under Sections 8.1 or 8.2 above, all
356end user license agreements (excluding distributors and resellers) which
357have been validly granted by You or any distributor hereunder prior to
358termination shall survive termination.
359
3609. LIMITATION OF LIABILITY.
361
362UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
363NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, NOKIA, ANY OTHER CONTRIBUTOR,
364OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH
365PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
366OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
367DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
368OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
369HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
370OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
371RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS
372SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
373OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUT MAY ALLOW LIABILITY TO BE LIMITED;
374IN SUCH CASES, A PARTY`s, ITS EMPLOYEES, LICENSORS OR AFFILIATES` LIABILITY
375SHALL BE LIMITED TO U.S. $50. Nothing contained in this License shall prejudice
376the statutory rights of any party dealing as a consumer.
377
37810. MISCELLANEOUS.
379
380This License represents the complete agreement concerning subject matter
381hereof. All rights in the Covered Software not expressly granted under
382this License are reserved. Nothing in this License shall grant You any
383rights to use any of the trademarks of Nokia or any of its Affiliates,
384even if any of such trademarks are included in any part of Covered Software
385and/or documentation to it.
386
387This License is governed by the laws of Finland excluding its conflict-of-law
388provisions. All disputes arising from or relating to this Agreement shall
389be settled by a single arbitrator appointed by the Central Chamber of Commerce
390of Finland. The arbitration procedure shall take place in Helsinki, Finland
391in the English language. If any part of this Agreement is found void and
392unenforceable, it will not affect the validity of the balance of the Agreement,
393which shall remain valid and enforceable according to its terms.
394
39511. RESPONSIBILITY FOR CLAIMS.
396
397As between Nokia and the Contributors, each party is responsible for
398claims and damages arising, directly or indirectly, out of its utilization
399of rights under this License and You agree to work with Nokia and Contributors
400to distribute such responsibility on an equitable basis. Nothing herein
401is intended or shall be deemed to constitute any admission of liability.
402
403
404
405EXHIBIT A
406
407The contents of this file are subject to the NOKOS License Version 1.0
408(the "License"); you may not use this file except in compliance with the
409License.
410
411Software distributed under the License is distributed on an "AS IS"
412basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
413the License for the specific language governing rights and limitations
414under the License.
415
416The Original Software is
417
418______________________________________.
419
420Copyright &#169; <year> Nokia and others. All Rights Reserved.
421
422Contributor(s): ______________________________________.
423