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1
2Nokia Open Source License (NOKOS
3License) Version 1.0a
41. 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
133Contributor
134Version (or portions of such combination).
135
136c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
137on the date Contributor first makes Commercial Use of the Covered Software.
138
139d) Notwithstanding Section 2.2(b) above, no patent license is granted:
1401) for any code that Contributor has deleted from the Contributor Version;
1412) separate from the Contributor Version; 3) for infringements caused by:
142i) third party modifications of Contributor Version or ii) the combination
143of Modifications made by that Contributor with other software (except as
144part of the Contributor Version) or other devices; or 4) under Patent Claims
145infringed by Covered Software in the absence of Modifications made by that
146Contributor.
147
1483. DISTRIBUTION OBLIGATIONS.
149
1503.1 Application of License.
151
152
153The Modifications which You create or to which You contribute are governed
154by the terms of this License, including without limitation Section 2.2.
155The Source Code version of Covered Software may be distributed only under
156the terms of this License or a future version of this License released
157under Section 6.1, and You must include a copy of this License with every
158copy of the Source Code You distribute. You may not offer or impose any
159terms on any Source Code version that alters or restricts the applicable
160version of this License or the recipients' rights hereunder. However, You
161may include an additional document offering the additional rights described
162in Section 3.5.
163
1643.2 Availability of Source Code.
165
166Any Modification which You create or to which You contribute must be
167made available in Source Code form under the terms of this License either
168on the same media as an Executable version or via an accepted Electronic
169Distribution Mechanism to anyone to whom you made an Executable version
170available; and if made available via Electronic Distribution Mechanism,
171must remain available for at least twelve (12) months after the date it
172initially became available, or at least six (6) months after a subsequent
173version of that particular Modification has been made available to such
174recipients. You are responsible for ensuring that the Source Code version
175remains available even if the Electronic Distribution Mechanism is maintained
176by a third party.
177
1783.3 Description of Modifications.
179
180You must cause all Covered Software to which You contribute to contain
181a file documenting the changes You made to create that Covered Software
182and the date of any change. You must include a prominent statement that
183the Modification is derived, directly or indirectly, from Original Software
184provided by Nokia and including the name of Nokia in (a) the Source Code,
185and (b) in any notice in an Executable version or related documentation
186in which You describe the origin or ownership of the Covered Software.
187
1883.4 Intellectual Property Matters
189
190(a) Third Party Claims.
191
192If Contributor has knowledge that a license under a third party's intellectual
193property rights is required to exercise the rights granted by such Contributor
194under Sections 2.1 or 2.2, Contributor must include a text file with the
195Source Code distribution titled "LEGAL'' which describes the claim and
196the party making the claim in sufficient detail that a recipient will know
197whom to contact. If Contributor obtains such knowledge after the Modification
198is made available as described in Section 3.2, Contributor shall promptly
199modify the LEGAL file in all copies Contributor makes available thereafter
200and shall take other steps (such as notifying appropriate mailing lists
201or newsgroups) reasonably calculated to inform those who received the Covered
202Software that new knowledge has been obtained.
203
204(b) Contributor APIs.
205
206If Contributor's Modifications include an application programming interface
207and Contributor has knowledge of patent licenses which are reasonably necessary
208to implement that API, Contributor must also include this information in
209the LEGAL file.
210
211(c) Representations.
212
213Contributor represents that, except as disclosed pursuant to Section
2143.4(a) above, Contributor believes that Contributor's Modifications are
215Contributor's original creation(s) and/or Contributor has sufficient rights
216to grant the rights conveyed by this License.
217
2183.5 Required Notices.
219
220You must duplicate the notice in Exhibit A in each file of the Source
221Code. If it is not possible to put such notice in a particular Source Code
222file due to its structure, then You must include such notice in a location
223(such as a relevant directory) where a user would be likely to look for
224such a notice. If You created one or more Modification(s) You may add your
225name as a Contributor to the notice described in Exhibit A. You must also
226duplicate this License in any documentation for the Source Code where You
227describe recipients' rights or ownership rights relating to Covered Software.
228You may choose to offer, and to charge a fee for, warranty, support, indemnity
229or liability obligations to one or more recipients of Covered Software.
230However, You may do so only on Your own behalf, and not on behalf of Nokia
231or any Contributor. You must make it absolutely clear that any such warranty,
232support, indemnity or liability obligation is offered by You alone, and
233You hereby agree to indemnify Nokia and every Contributor for any liability
234incurred by Nokia or such Contributor as a result of warranty, support,
235indemnity or liability terms You offer.
236
2373.6 Distribution of Executable Versions.
238
239You may distribute Covered Software in Executable form only if the
240requirements of Section 3.1-3.5 have been met for that Covered Software,
241and if You include a notice stating that the Source Code version of the
242Covered Software is available under the terms of this License, including
243a description of how and where You have fulfilled the obligations of Section
2443.2. The notice must be conspicuously included in any notice in an Executable
245version, related documentation or collateral in which You describe recipients'
246rights relating to the Covered Software. You may distribute the Executable
247version of Covered Software or ownership rights under a license of Your
248choice, which may contain terms different from this License, provided that
249You are in compliance with the terms of this License and that the license
250for the Executable version does not attempt to limit or alter the recipient's
251rights in the Source Code version from the rights set forth in this License.
252If You distribute the Executable version under a different license You
253must make it absolutely clear that any terms which differ from this License
254are offered by You alone, not by Nokia or any Contributor. You hereby agree
255to indemnify Nokia and every Contributor for any liability incurred by
256Nokia or such Contributor as a result of any such terms You offer.
257
2583.7 Larger Works.
259
260You may create a Larger Work by combining Covered Software with other
261software not governed by the terms of this License and distribute the Larger
262Work as a single product. In such a case, You must make sure the requirements
263of this License are fulfilled for the Covered Software.
264
2654. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
266
267If it is impossible for You to comply with any of the terms of this
268License with respect to some or all of the Covered Software due to statute,
269judicial order, or regulation then You must: (a) comply with the terms
270of this License to the maximum extent possible; and (b) describe the
271limitations
272and the code they affect. Such description must be included in the LEGAL
273file described in Section 3.4 and must be included with all distributions
274of the Source Code.
275
276Except to the extent prohibited by statute or regulation, such description
277must be sufficiently detailed for a recipient of ordinary skill to be able
278to understand it.
279
2805. APPLICATION OF THIS LICENSE.
281
282This License applies to code to which Nokia has attached the notice
283in Exhibit A and to related Covered Software.
284
2856. VERSIONS OF THE LICENSE.
286
287
2886.1 New Versions.
289
290Nokia may publish revised and/or new versions of the License from time
291to time. Each version will be given a distinguishing version number.
292
2936.2 Effect of New Versions.
294
295Once Covered Software has been published under a particular version
296of the License, You may always continue to use it under the terms of that
297version. You may also choose to use such Covered Software under the terms
298of any subsequent version of the License published by Nokia. No one other
299than Nokia has the right to modify the terms applicable to Covered Software
300created under this License.
301
3027. DISCLAIMER OF WARRANTY.
303
304COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS,
305WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
306LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
307MERCHANTABLE,
308FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
309QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
310COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS LICENSORS
311OR AFFILIATES OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
312SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES
313AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED
314HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
315
3168. TERMINATION.
317
3188.1 This License and the rights granted hereunder will terminate automatically
319if You fail to comply with terms herein and fail to cure such breach within
32030 days of becoming aware of the breach. All sublicenses to the Covered
321Software which are properly granted shall survive any termination of this
322License. Provisions which, by their nature, must remain in effect beyond
323the termination of this License shall survive.
324
3258.2 If You initiate litigation by asserting a patent infringement claim
326(excluding declatory judgment actions) against Nokia or a Contributor (Nokia
327or Contributor against whom You file such action is referred to as
328"Participant")
329alleging that:
330
331a) such Participant's Contributor Version directly or indirectly infringes
332any patent, then any and all rights granted by such Participant to You
333under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
334from Participant terminate prospectively, unless if within 60 days after
335receipt of notice You either: (i) agree in writing to pay Participant a
336mutually agreeable reasonable royalty for Your past and future use of
337Modifications
338made by such Participant, or (ii) withdraw Your litigation claim with respect
339to the Contributor Version against such Participant. If within 60 days
340of notice, a reasonable royalty and payment arrangement are not mutually
341agreed upon in writing by the parties or the litigation claim is not withdrawn,
342the rights granted by Participant to You under Sections 2.1 and/or 2.2
343automatically terminate at the expiration of the 60 day notice period specified
344above.
345
346b) any software, hardware, or device, other than such Participant's
347Contributor Version, directly or indirectly infringes any patent, then
348any rights granted to You by such Participant under Sections 2.1(b) and
3492.2(b) are revoked effective as of the date You first made, used, sold,
350distributed, or had made, Modifications made by that Participant.
351
3528.3 If You assert a patent infringement claim against Participant alleging
353that such Participant's Contributor Version directly or indirectly infringes
354any patent where such claim is resolved (such as by license or settlement)
355prior to the initiation of patent infringement litigation, then the reasonable
356value of the licenses granted by such Participant under Sections 2.1 or
3572.2 shall be taken into account in determining the amount or value of any
358payment or license.
359
3608.4 In the event of termination under Sections 8.1 or 8.2 above, all
361end user license agreements (excluding distributors and resellers) which
362have been validly granted by You or any distributor hereunder prior to
363termination shall survive termination.
364
3659. LIMITATION OF LIABILITY.
366
367UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
368NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, NOKIA, ANY OTHER CONTRIBUTOR,
369OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH
370PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
371OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
372DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
373OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
374HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
375OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
376RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS
377SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
378OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUT MAY ALLOW LIABILITY TO BE LIMITED;
379IN SUCH CASES, A PARTY's, ITS EMPLOYEES, LICENSORS OR AFFILIATES' LIABILITY
380SHALL BE LIMITED TO U.S. $50. Nothing contained in this License shall prejudice
381the statutory rights of any party dealing as a consumer.
382
38310. MISCELLANEOUS.
384
385This License represents the complete agreement concerning subject matter
386hereof. All rights in the Covered Software not expressly granted under
387this License are reserved. Nothing in this License shall grant You any
388rights to use any of the trademarks of Nokia or any of its Affiliates,
389even if any of such trademarks are included in any part of Covered Software
390and/or documentation to it.
391
392This License is governed by the laws of Finland excluding its conflict-of-law
393provisions. All disputes arising from or relating to this Agreement shall
394be settled by a single arbitrator appointed by the Central Chamber of Commerce
395of Finland. The arbitration procedure shall take place in Helsinki, Finland
396in the English language. If any part of this Agreement is found void and
397unenforceable, it will not affect the validity of the balance of the Agreement,
398which shall remain valid and enforceable according to its terms.
399
40011. RESPONSIBILITY FOR CLAIMS.
401
402As between Nokia and the Contributors, each party is responsible for
403claims and damages arising, directly or indirectly, out of its utilization
404of rights under this License and You agree to work with Nokia and Contributors
405to distribute such responsibility on an equitable basis. Nothing herein
406is intended or shall be deemed to constitute any admission of liability.
407
408
409
410EXHIBIT A
411
412The contents of this file are subject to the NOKOS License Version 1.0
413(the "License"); you may not use this file except in compliance with
414the
415License.
416
417Software distributed under the License is distributed on an "AS IS"
418basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
419the License for the specific language governing rights and limitations
420under the License.
421
422The Original Software is
423
424______________________________________.
425
426Copyright © <year> Nokia and others. All Rights Reserved.
427
428Contributor(s): ______________________________________.
429
430
431
432
433
434