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1 | |||
2 | Nokia Open Source License (NOKOS | ||
3 | License) Version 1.0a | ||
4 | 1. DEFINITIONS. | ||
5 | |||
6 | "Affiliates" of a party shall mean an entity | ||
7 | |||
8 | a) which is directly or indirectly controlling such party; | ||
9 | |||
10 | b) which is under the same direct or indirect ownership or control | ||
11 | as such party; or | ||
12 | |||
13 | c) which is directly or indirectly owned or controlled by such party. | ||
14 | |||
15 | For these purposes, an entity shall be treated as being controlled | ||
16 | by another if that other entity has fifty percent (50%) or more of the | ||
17 | votes in such entity, is able to direct its affairs and/or to control the | ||
18 | composition of its board of directors or equivalent body. | ||
19 | |||
20 | "Commercial Use" shall mean distribution or otherwise making | ||
21 | the Covered Software available to a third party. | ||
22 | |||
23 | ''Contributor'' shall mean each entity that creates or contributes | ||
24 | to the creation of Modifications. | ||
25 | |||
26 | ''Contributor Version'' shall mean in case of any Contributor | ||
27 | the combination of the Original Software, prior Modifications used by a | ||
28 | Contributor, and the Modifications made by that particular Contributor | ||
29 | and in case of Nokia in addition the Original Software in any form, including | ||
30 | the form as Exceutable. | ||
31 | |||
32 | ''Covered Software'' shall mean the Original Software or Modifications | ||
33 | or the combination of the Original Software and Modifications, in each | ||
34 | case including portions thereof. | ||
35 | |||
36 | ''Electronic Distribution Mechanism'' shall mean a mechanism | ||
37 | generally accepted in the software development community for the electronic | ||
38 | transfer of data. | ||
39 | |||
40 | ''Executable'' shall mean Covered Software in any form other | ||
41 | than Source Code. | ||
42 | |||
43 | ''Nokia'' shall mean Nokia Corporation and its Affiliates. | ||
44 | |||
45 | ''Larger Work'' shall mean a work, which combines Covered Software | ||
46 | or 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 | ||
51 | extent possible, whether at the time of the initial grant or subsequently | ||
52 | acquired, any and all of the rights conveyed herein. | ||
53 | |||
54 | ''Modifications'' shall mean any addition to or deletion from | ||
55 | the substance or structure of either the Original Software or any previous | ||
56 | Modifications. When Covered Software is released as a series of files, | ||
57 | a Modification is: | ||
58 | |||
59 | a) Any addition to or deletion from the contents of a file containing | ||
60 | Original Software or previous Modifications. | ||
61 | |||
62 | b) Any new file that contains any part of the Original Software or | ||
63 | previous Modifications. | ||
64 | |||
65 | ''Original Software'' shall mean the Source Code of computer | ||
66 | software code which is described in the Source Code notice required by | ||
67 | Exhibit A as Original Software, and which, at the time of its release under | ||
68 | this License is not already Covered Software governed by this License. | ||
69 | |||
70 | "Patent Claims" shall mean any patent claim(s), now owned | ||
71 | or hereafter acquired, including without limitation, method, process, and | ||
72 | apparatus claims, in any patent Licensable by grantor. | ||
73 | |||
74 | ''Source Code'' shall mean the preferred form of the Covered | ||
75 | Software for making modifications to it, including all modules it contains, | ||
76 | plus any associated interface definition files, scripts used to control | ||
77 | compilation and installation of an Executable, or source code differential | ||
78 | comparisons against either the Original Software or another well known, | ||
79 | available Covered Software of the Contributor's choice. The Source Code | ||
80 | can be in a compressed or archival form, provided the appropriate decompression | ||
81 | or de-archiving software is widely available for no charge. | ||
82 | |||
83 | "You'' (or "Your") shall mean an individual or a legal | ||
84 | entity exercising rights under, and complying with all of the terms of, | ||
85 | this License or a future version of this License issued under Section 6.1. | ||
86 | For legal entities, "You'' includes Affiliates of such entity. | ||
87 | |||
88 | 2. SOURCE CODE LICENSE. | ||
89 | |||
90 | 2.1 Nokia Grant. | ||
91 | |||
92 | Subject to the terms of this License, Nokia hereby grants You a world-wide, | ||
93 | royalty-free, non-exclusive license, subject to third party intellectual | ||
94 | property claims: | ||
95 | |||
96 | a) under copyrights Licensable by Nokia to use, reproduce, modify, | ||
97 | display, perform, sublicense and distribute the Original Software (or portions | ||
98 | thereof) with or without Modifications, and/or as part of a Larger Work; | ||
99 | |||
100 | b) and under Patents Claims necessarily infringed by the making, using | ||
101 | or selling of Original Software, to make, have made, use, practice, sell, | ||
102 | and offer for sale, and/or otherwise dispose of the Original Software (or | ||
103 | portions thereof). | ||
104 | |||
105 | c) The licenses granted in this Section 2.1(a) and (b) are effective | ||
106 | on the date Nokia first distributes Original Software under the terms of | ||
107 | this License. | ||
108 | |||
109 | d) Notwithstanding Section 2.1(b) above, no patent license is granted: | ||
110 | 1) for code that You delete from the Original Software; 2) separate from | ||
111 | the Original Software; or 3) for infringements caused by: i) the modification | ||
112 | of the Original Software or ii) the combination of the Original Software | ||
113 | with other software or devices. | ||
114 | |||
115 | 2.2 Contributor Grant. | ||
116 | |||
117 | Subject to the terms of this License and subject to third party intellectual | ||
118 | property claims, each Contributor hereby grants You a world-wide, royalty-free, | ||
119 | non-exclusive license | ||
120 | |||
121 | a) under copyrights Licensable by Contributor, to use, reproduce, modify, | ||
122 | display, perform, sublicense and distribute the Modifications created by | ||
123 | such Contributor (or portions thereof) either on an unmodified basis, with | ||
124 | other Modifications, as Covered Software and/or as part of a Larger Work; | ||
125 | and | ||
126 | |||
127 | b) under Patent Claims necessarily infringed by the making, using, | ||
128 | or selling of Modifications made by that Contributor either alone and/or | ||
129 | in combination with its Contributor Version (or portions of such combination), | ||
130 | to make, use, sell, offer for sale, have made, and/or otherwise dispose | ||
131 | of: 1) Modifications made by that Contributor (or portions thereof); and | ||
132 | 2) the combination of Modifications made by that Contributor with its | ||
133 | Contributor | ||
134 | Version (or portions of such combination). | ||
135 | |||
136 | c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective | ||
137 | on the date Contributor first makes Commercial Use of the Covered Software. | ||
138 | |||
139 | d) Notwithstanding Section 2.2(b) above, no patent license is granted: | ||
140 | 1) for any code that Contributor has deleted from the Contributor Version; | ||
141 | 2) separate from the Contributor Version; 3) for infringements caused by: | ||
142 | i) third party modifications of Contributor Version or ii) the combination | ||
143 | of Modifications made by that Contributor with other software (except as | ||
144 | part of the Contributor Version) or other devices; or 4) under Patent Claims | ||
145 | infringed by Covered Software in the absence of Modifications made by that | ||
146 | Contributor. | ||
147 | |||
148 | 3. DISTRIBUTION OBLIGATIONS. | ||
149 | |||
150 | 3.1 Application of License. | ||
151 | |||
152 | |||
153 | The Modifications which You create or to which You contribute are governed | ||
154 | by the terms of this License, including without limitation Section 2.2. | ||
155 | The Source Code version of Covered Software may be distributed only under | ||
156 | the terms of this License or a future version of this License released | ||
157 | under Section 6.1, and You must include a copy of this License with every | ||
158 | copy of the Source Code You distribute. You may not offer or impose any | ||
159 | terms on any Source Code version that alters or restricts the applicable | ||
160 | version of this License or the recipients' rights hereunder. However, You | ||
161 | may include an additional document offering the additional rights described | ||
162 | in Section 3.5. | ||
163 | |||
164 | 3.2 Availability of Source Code. | ||
165 | |||
166 | Any Modification which You create or to which You contribute must be | ||
167 | made available in Source Code form under the terms of this License either | ||
168 | on the same media as an Executable version or via an accepted Electronic | ||
169 | Distribution Mechanism to anyone to whom you made an Executable version | ||
170 | available; and if made available via Electronic Distribution Mechanism, | ||
171 | must remain available for at least twelve (12) months after the date it | ||
172 | initially became available, or at least six (6) months after a subsequent | ||
173 | version of that particular Modification has been made available to such | ||
174 | recipients. You are responsible for ensuring that the Source Code version | ||
175 | remains available even if the Electronic Distribution Mechanism is maintained | ||
176 | by a third party. | ||
177 | |||
178 | 3.3 Description of Modifications. | ||
179 | |||
180 | You must cause all Covered Software to which You contribute to contain | ||
181 | a file documenting the changes You made to create that Covered Software | ||
182 | and the date of any change. You must include a prominent statement that | ||
183 | the Modification is derived, directly or indirectly, from Original Software | ||
184 | provided by Nokia and including the name of Nokia in (a) the Source Code, | ||
185 | and (b) in any notice in an Executable version or related documentation | ||
186 | in which You describe the origin or ownership of the Covered Software. | ||
187 | |||
188 | 3.4 Intellectual Property Matters | ||
189 | |||
190 | (a) Third Party Claims. | ||
191 | |||
192 | If Contributor has knowledge that a license under a third party's intellectual | ||
193 | property rights is required to exercise the rights granted by such Contributor | ||
194 | under Sections 2.1 or 2.2, Contributor must include a text file with the | ||
195 | Source Code distribution titled "LEGAL'' which describes the claim and | ||
196 | the party making the claim in sufficient detail that a recipient will know | ||
197 | whom to contact. If Contributor obtains such knowledge after the Modification | ||
198 | is made available as described in Section 3.2, Contributor shall promptly | ||
199 | modify the LEGAL file in all copies Contributor makes available thereafter | ||
200 | and shall take other steps (such as notifying appropriate mailing lists | ||
201 | or newsgroups) reasonably calculated to inform those who received the Covered | ||
202 | Software that new knowledge has been obtained. | ||
203 | |||
204 | (b) Contributor APIs. | ||
205 | |||
206 | If Contributor's Modifications include an application programming interface | ||
207 | and Contributor has knowledge of patent licenses which are reasonably necessary | ||
208 | to implement that API, Contributor must also include this information in | ||
209 | the LEGAL file. | ||
210 | |||
211 | (c) Representations. | ||
212 | |||
213 | Contributor represents that, except as disclosed pursuant to Section | ||
214 | 3.4(a) above, Contributor believes that Contributor's Modifications are | ||
215 | Contributor's original creation(s) and/or Contributor has sufficient rights | ||
216 | to grant the rights conveyed by this License. | ||
217 | |||
218 | 3.5 Required Notices. | ||
219 | |||
220 | You must duplicate the notice in Exhibit A in each file of the Source | ||
221 | Code. If it is not possible to put such notice in a particular Source Code | ||
222 | file 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 | ||
224 | such a notice. If You created one or more Modification(s) You may add your | ||
225 | name as a Contributor to the notice described in Exhibit A. You must also | ||
226 | duplicate this License in any documentation for the Source Code where You | ||
227 | describe recipients' rights or ownership rights relating to Covered Software. | ||
228 | You may choose to offer, and to charge a fee for, warranty, support, indemnity | ||
229 | or liability obligations to one or more recipients of Covered Software. | ||
230 | However, You may do so only on Your own behalf, and not on behalf of Nokia | ||
231 | or any Contributor. You must make it absolutely clear that any such warranty, | ||
232 | support, indemnity or liability obligation is offered by You alone, and | ||
233 | You hereby agree to indemnify Nokia and every Contributor for any liability | ||
234 | incurred by Nokia or such Contributor as a result of warranty, support, | ||
235 | indemnity or liability terms You offer. | ||
236 | |||
237 | 3.6 Distribution of Executable Versions. | ||
238 | |||
239 | You may distribute Covered Software in Executable form only if the | ||
240 | requirements of Section 3.1-3.5 have been met for that Covered Software, | ||
241 | and if You include a notice stating that the Source Code version of the | ||
242 | Covered Software is available under the terms of this License, including | ||
243 | a description of how and where You have fulfilled the obligations of Section | ||
244 | 3.2. The notice must be conspicuously included in any notice in an Executable | ||
245 | version, related documentation or collateral in which You describe recipients' | ||
246 | rights relating to the Covered Software. You may distribute the Executable | ||
247 | version of Covered Software or ownership rights under a license of Your | ||
248 | choice, which may contain terms different from this License, provided that | ||
249 | You are in compliance with the terms of this License and that the license | ||
250 | for the Executable version does not attempt to limit or alter the recipient's | ||
251 | rights in the Source Code version from the rights set forth in this License. | ||
252 | If You distribute the Executable version under a different license You | ||
253 | must make it absolutely clear that any terms which differ from this License | ||
254 | are offered by You alone, not by Nokia or any Contributor. You hereby agree | ||
255 | to indemnify Nokia and every Contributor for any liability incurred by | ||
256 | Nokia or such Contributor as a result of any such terms You offer. | ||
257 | |||
258 | 3.7 Larger Works. | ||
259 | |||
260 | You may create a Larger Work by combining Covered Software with other | ||
261 | software not governed by the terms of this License and distribute the Larger | ||
262 | Work as a single product. In such a case, You must make sure the requirements | ||
263 | of this License are fulfilled for the Covered Software. | ||
264 | |||
265 | 4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION. | ||
266 | |||
267 | If it is impossible for You to comply with any of the terms of this | ||
268 | License with respect to some or all of the Covered Software due to statute, | ||
269 | judicial order, or regulation then You must: (a) comply with the terms | ||
270 | of this License to the maximum extent possible; and (b) describe the | ||
271 | limitations | ||
272 | and the code they affect. Such description must be included in the LEGAL | ||
273 | file described in Section 3.4 and must be included with all distributions | ||
274 | of the Source Code. | ||
275 | |||
276 | Except to the extent prohibited by statute or regulation, such description | ||
277 | must be sufficiently detailed for a recipient of ordinary skill to be able | ||
278 | to understand it. | ||
279 | |||
280 | 5. APPLICATION OF THIS LICENSE. | ||
281 | |||
282 | This License applies to code to which Nokia has attached the notice | ||
283 | in Exhibit A and to related Covered Software. | ||
284 | |||
285 | 6. VERSIONS OF THE LICENSE. | ||
286 | |||
287 | |||
288 | 6.1 New Versions. | ||
289 | |||
290 | Nokia may publish revised and/or new versions of the License from time | ||
291 | to time. Each version will be given a distinguishing version number. | ||
292 | |||
293 | 6.2 Effect of New Versions. | ||
294 | |||
295 | Once Covered Software has been published under a particular version | ||
296 | of the License, You may always continue to use it under the terms of that | ||
297 | version. You may also choose to use such Covered Software under the terms | ||
298 | of any subsequent version of the License published by Nokia. No one other | ||
299 | than Nokia has the right to modify the terms applicable to Covered Software | ||
300 | created under this License. | ||
301 | |||
302 | 7. DISCLAIMER OF WARRANTY. | ||
303 | |||
304 | COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, | ||
305 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT | ||
306 | LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, | ||
307 | MERCHANTABLE, | ||
308 | FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE | ||
309 | QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY | ||
310 | COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS LICENSORS | ||
311 | OR AFFILIATES OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY | ||
312 | SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES | ||
313 | AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED | ||
314 | HEREUNDER EXCEPT UNDER THIS DISCLAIMER. | ||
315 | |||
316 | 8. TERMINATION. | ||
317 | |||
318 | 8.1 This License and the rights granted hereunder will terminate automatically | ||
319 | if You fail to comply with terms herein and fail to cure such breach within | ||
320 | 30 days of becoming aware of the breach. All sublicenses to the Covered | ||
321 | Software which are properly granted shall survive any termination of this | ||
322 | License. Provisions which, by their nature, must remain in effect beyond | ||
323 | the termination of this License shall survive. | ||
324 | |||
325 | 8.2 If You initiate litigation by asserting a patent infringement claim | ||
326 | (excluding declatory judgment actions) against Nokia or a Contributor (Nokia | ||
327 | or Contributor against whom You file such action is referred to as | ||
328 | "Participant") | ||
329 | alleging that: | ||
330 | |||
331 | a) such Participant's Contributor Version directly or indirectly infringes | ||
332 | any patent, then any and all rights granted by such Participant to You | ||
333 | under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice | ||
334 | from Participant terminate prospectively, unless if within 60 days after | ||
335 | receipt of notice You either: (i) agree in writing to pay Participant a | ||
336 | mutually agreeable reasonable royalty for Your past and future use of | ||
337 | Modifications | ||
338 | made by such Participant, or (ii) withdraw Your litigation claim with respect | ||
339 | to the Contributor Version against such Participant. If within 60 days | ||
340 | of notice, a reasonable royalty and payment arrangement are not mutually | ||
341 | agreed upon in writing by the parties or the litigation claim is not withdrawn, | ||
342 | the rights granted by Participant to You under Sections 2.1 and/or 2.2 | ||
343 | automatically terminate at the expiration of the 60 day notice period specified | ||
344 | above. | ||
345 | |||
346 | b) any software, hardware, or device, other than such Participant's | ||
347 | Contributor Version, directly or indirectly infringes any patent, then | ||
348 | any rights granted to You by such Participant under Sections 2.1(b) and | ||
349 | 2.2(b) are revoked effective as of the date You first made, used, sold, | ||
350 | distributed, or had made, Modifications made by that Participant. | ||
351 | |||
352 | 8.3 If You assert a patent infringement claim against Participant alleging | ||
353 | that such Participant's Contributor Version directly or indirectly infringes | ||
354 | any patent where such claim is resolved (such as by license or settlement) | ||
355 | prior to the initiation of patent infringement litigation, then the reasonable | ||
356 | value of the licenses granted by such Participant under Sections 2.1 or | ||
357 | 2.2 shall be taken into account in determining the amount or value of any | ||
358 | payment or license. | ||
359 | |||
360 | 8.4 In the event of termination under Sections 8.1 or 8.2 above, all | ||
361 | end user license agreements (excluding distributors and resellers) which | ||
362 | have been validly granted by You or any distributor hereunder prior to | ||
363 | termination shall survive termination. | ||
364 | |||
365 | 9. LIMITATION OF LIABILITY. | ||
366 | |||
367 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING | ||
368 | NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, NOKIA, ANY OTHER CONTRIBUTOR, | ||
369 | OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH | ||
370 | PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, | ||
371 | OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, | ||
372 | DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, | ||
373 | OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL | ||
374 | HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION | ||
375 | OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY | ||
376 | RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS | ||
377 | SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION | ||
378 | OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUT MAY ALLOW LIABILITY TO BE LIMITED; | ||
379 | IN SUCH CASES, A PARTY's, ITS EMPLOYEES, LICENSORS OR AFFILIATES' LIABILITY | ||
380 | SHALL BE LIMITED TO U.S. $50. Nothing contained in this License shall prejudice | ||
381 | the statutory rights of any party dealing as a consumer. | ||
382 | |||
383 | 10. MISCELLANEOUS. | ||
384 | |||
385 | This License represents the complete agreement concerning subject matter | ||
386 | hereof. All rights in the Covered Software not expressly granted under | ||
387 | this License are reserved. Nothing in this License shall grant You any | ||
388 | rights to use any of the trademarks of Nokia or any of its Affiliates, | ||
389 | even if any of such trademarks are included in any part of Covered Software | ||
390 | and/or documentation to it. | ||
391 | |||
392 | This License is governed by the laws of Finland excluding its conflict-of-law | ||
393 | provisions. All disputes arising from or relating to this Agreement shall | ||
394 | be settled by a single arbitrator appointed by the Central Chamber of Commerce | ||
395 | of Finland. The arbitration procedure shall take place in Helsinki, Finland | ||
396 | in the English language. If any part of this Agreement is found void and | ||
397 | unenforceable, it will not affect the validity of the balance of the Agreement, | ||
398 | which shall remain valid and enforceable according to its terms. | ||
399 | |||
400 | 11. RESPONSIBILITY FOR CLAIMS. | ||
401 | |||
402 | As between Nokia and the Contributors, each party is responsible for | ||
403 | claims and damages arising, directly or indirectly, out of its utilization | ||
404 | of rights under this License and You agree to work with Nokia and Contributors | ||
405 | to distribute such responsibility on an equitable basis. Nothing herein | ||
406 | is intended or shall be deemed to constitute any admission of liability. | ||
407 | |||
408 | |||
409 | |||
410 | EXHIBIT A | ||
411 | |||
412 | The 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 | ||
414 | the | ||
415 | License. | ||
416 | |||
417 | Software distributed under the License is distributed on an "AS IS" | ||
418 | basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See | ||
419 | the License for the specific language governing rights and limitations | ||
420 | under the License. | ||
421 | |||
422 | The Original Software is | ||
423 | |||
424 | ______________________________________. | ||
425 | |||
426 | Copyright © <year> Nokia and others. All Rights Reserved. | ||
427 | |||
428 | Contributor(s): ______________________________________. | ||
429 | |||
430 | |||
431 | |||
432 | |||
433 | |||
434 | |||