Maemo 5.0 (Fremantle) SDK End User License Agreement

The current Fremantle alpha SDK funcitionality is complete only when some Nokia closed components are installed in addition to the free components. You are required to accept the End User License Agreement (EULA) given below in order to obtain them. Upon acceptance, you are given access to the Nokia binaries repository by providing a specific "Token". Thereafter, for the subsequent updates of the SDK, you can utilize apt package management utility to obtain updated packages.

It is not mandatory to accept the EULA. But, in the event you do,

such updates will be subject to and governed by the EULA
the "Token" is for personal use only and may not be further distributed or disclosed

IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING, OR USING THE LICENSED SOFTWARE. NOKIA SOFTWARE DEVELOPMENT KIT AGREEMENT This Software Development Kit Agreement ("Agreement") is between You (either an individual or an entity), the Licensee, and Nokia Corporation ("Nokia"). The Agreement authorizes You to use the Licensed Software specified in Clause 1.4 below, which may made available to You by Nokia on a CD-ROM, sent to You by electronic mail, or downloaded from Nokia's Web pages or Servers or from other sources, as determined by Nokia, under the terms and conditions set forth below. This is an agreement on licensee rights and not an agreement for sale. Nokia continues to own the copies of the Licensed Software, which is the subject of this Agreement, and any other copies that You are authorized to make pursuant to this Agreement. Read this Agreement carefully before installing, downloading, or using the Licensed Software. By clicking on the "I Accept" button, or by typing "I Accept" while installing, downloading, and/or using the Licensed Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click the "Decline" or "I Do Not Accept" button, or do not type "I Accept" and cancel the installation or downloading, or destroy or return the Licensed Software and accompanying documentation to Nokia. YOU AGREE THAT YOUR USE OF THE LICENSED SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. 1. Definitions 1.1 "Affiliates" of a party shall mean an entity (i) which is directly or indirectly controlling such party; (ii) which is under the same direct or indirect ownership or control as such party; or (iii) which is directly or indirectly owned or controlled by such party. For these purposes an entity shall be treated as being controlled by another if that other entity has fifty percent (50 %) or more of the votes in such entity, is able to direct its affairs and/or to control the composition of its board of directors or equivalent body. 1.2 "Documentation" shall mean any documents, drawings, models, layouts and/or any other IPR that are documented in any media and that have been provided by Nokia or any of its Affiliates to Licensee. 1.3 "IPR" shall mean any and all artifacts and knowledge related to the Licensed Software, to the extent either generated in connection with the evaluation or use of the Licensed Software, incorporated and/or used in the design or function of any result of such evaluation or use and/or developed and/or discovered during such evaluation or use, including without limitation the components, prototypes, documents, designs and computer software, as well as ideas, inventions, patents (including utility models), and designs (whether or not capable of registration), chip topography rights and other like protection, copyrights (including software copyright of source code, object code, executable code etc.), trademarks, know how, sui generis rights to data or databases and any other form of statutory protection of any kind and applications for any of the foregoing respectively as well as any trade secrets. 1.4 As used in this Agreement, the term "Licensed Software" means, collectively: (i) the software copyrighted by Nokia Corporation or third parties (excluding Open Source Software), which is delivered to Licensee as part of the Nokia Software Development Kit for the MAEMO- Platform (ii) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the software delivered via a CD-ROM, electronic mail, or Web page (iii) digital images, stock photographs, clip art, or other artistic works ("Stock Files") (iv) related explanatory written materials and any other possible documentation related thereto ("Documentation"); (v) fonts, and (vi) upgrades, modified versions, updates, additions, and copies of the Software (collectively "Updates"), if any, licensed under this Agreement. 1.5 "Pre-Existing IPR" shall mean any IPR that has not been either generated in connection with the evaluation or use of the Licensed Software, incorporated and/or used in the design or function of any result of such evaluation or use and/or developed and/or discovered during such evaluation or use. 1.6 "Third Party Software" shall mean software created by neither of the Parties. 2. PERIOD AND SCOPE OF THE LICENSEE's PERMITTED USE 2.1 The Licensee shall be entitled to exploit the license granted to it by Nokia under and in accordance with this Agreement solely for the purpose of porting and developing software for the MAEMO-Platform (the "Purpose"). 2.2 Nokia may choose to deliver, at its sole discretion, updates for the Licensed Software. In addition Nokia may choose, at its exclusive discretion, to make available, either as downloadable modules from a dedicated website or as electronic deliveries via e-mail, to the Licensee the subsequent updates of the Licensed Software as well as any subsequent directly related minor upgrades, if any. As a prerequisite to the making available of any subsequent upgrades and/or updates, Nokia may require, at its sole discretion, the Licensee to accept additional terms and conditions in connection with the delivery and prior to any use of any such subsequent upgrades and/or updates made available to the Licensee by Nokia or its Affiliates. The Parties may also separately agree on the licensing of any future releases of the Licensed Software, if any, to be part of the Agreement by concluding a necessary amendment to the Agreement and by agreeing on the respective terms and conditions. 3. GRANT OF RIGHTS 3.1 Subject to the terms and conditions of this Agreement, Nokia grants to Licensee, and Licensee hereby accepts, a non-transferable, non-sublicenseable, non-exclusive, limited license to install and use Licensed Software on the local hard disk(s) or other permanent storage media, copy, run and utilize the Licensed Software in object code form solely for the Purpose. In addition, Licensee may make one extra copy of the Licensed Software as an archival backup copy. Any other copies made by the Licensee of the Licensed Software are in violation of the Agreement. 3.2 Upon acceptance of this Agreement, a specific token key (the "Token") will be provided to enable you to dowload subsequent updated to the Licensed software without the need to accept this Agreement when you download the updates. You are not forced to utlize This token, but in the event you do, you accept that a) such updated will be subject to and governed by this Agreement and b) the Token is for your personal use only and may not be further distributed or disclosed. 3.3 Notwithstanding the generality of subsection 3.1 above and insofar as the Licensee is provided with components of the Licensed Software in source code form ("Source Code Components"), Nokia grants to Licensee and Licensee hereby accepts, subject to the terms and conditions of this Agreement, a non-transferable, non-sublicenseable, non-exclusive, limited license to compile such Source Code Components, without any modification whatsoever, with Licensee Application(s) solely for the Purpose and prepare copies of the Source Code Components necessary for such compilation. For the sake of clarity, the Licensee rights under this subsection 3.2 shall be subject to the limitations set forth in Clause 4 below. 3.3 Parts of the Licensed Software may be supplied by third parties and may be subject to separate license terms. The Licensee shall accept any such license terms applicable to Third Party Software that may be introduced as part of the installation of the Licensed Software. 4. LIMITATIONS OF LICENSE AND LOAN 4.1 Licensee shall have no right to disclose, sell, market, commercialise, sub-license, rent, lease, re-license or otherwise transfer to any other party, whatsoever, the Licensed Software or any part thereof, or use the Licensed Software for any purpose or in any manner that is not expressly permitted in this Agreement. 4.2 Licensee shall not modify or develop any derivative works of the Licensed Software unless specifically authorized by this Agreement. Licensee may not reverse engineer, decompile, or disassemble any part of the Licensed Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 4.3 The Licensee understands that the rights and licenses granted under this Agreement with respect to the Licensed Software are granted subject to third party intellectual property rights and as such may not be enough to use or develop the Licensed Software or any application created with the Licensed Software, and therefore the Licensee and any users may need to obtain separate licenses for necessary technologies in order to implement the necessary solutions or use the Licensed Software. 4.4 Licensee undertakes to have written personal agreements between Licensee and its employees (if any) having access to the Licensed Software or any Software created using Licensed Software or any related information for the purpose of ensuring compliance with the terms and conditions of this Agreement. 4.5 Licensee undertakes not to disclose, license or allow any use of software created using Licensed Software, outside the permitted Purpose, without express prior written consent of Nokia. 4.6 Misuse of the Licensed Software or data generated by the Licensed Software is strictly prohibited by Nokia, and may violate U.S. and other laws. Licensee is solely responsible for any misuse of the Licensed Software under this Agreement and Licensee agrees to indemnify Nokia and its Affiliates for any liability or damage related in any way to Licensee's use of the Licensed Software in violation of the same. Licensee is also responsible for using the Licensed Software in accordance with the limitations of this Agreement. Licensee will indemnify and hold Nokia and its Affiliates harmless for any claims arising out of the use of the Licensed Software or data generated by the Licensed Software on devices belonging to the Licensee or any of Licensee's customers or any third party that has been provided access to the Licensed Software or data generated by the Licensed Software, except to the extent those claims arise out of the Nokia's breach of this Agreement. 4.7 There are no implied licenses or other implied rights granted under this Agreement, and all IPR and rights, save for those licenses expressly granted to the Licensee hereunder, shall remain with and vest in Nokia. Nokia shall retain at all times a right to license, market, develop, modify and customize the Licensed Software. The non-exclusive rights granted to Licensee under this Agreement should not be construed as a limitation on any activities of Nokia or any of its Affiliates in the use of the Licensed Software and the marketing or licensing of the Licensed Software, and Nokia retains all of its rights, title and interest in the IPR, the Licensed Software and in any derivative works thereof. Except for the rights and licenses granted to Licensee herein, Licensee shall not take any action inconsistent with such title and ownership. 5. FEEDBACK Licensee may provide Nokia comments, suggestions, opinions and the like as feedback on the characteristic, performance, functionality and use of the Licensed Software (the "Feedback"). Feedback includes without limitation materials as well as ideas or know how (whether presented orally, in written form or otherwise). Any Feedback submitted by the Licensee or any of its employees or subcontractors shall, after submission to Nokia, be owned by Nokia. Nokia shall receive, upon submission of Feedback, a worldwide, perpetual, irrevocable, fully paid-up, royalty-free, exclusive, transferable, sub-licenseable license to use, copy, modify, make available, incorporate in any products or services of Nokia, sublicense, distribute and otherwise make use of the Feedback and to create derivative works thereof to the extent and in such manner as Nokia deems fit at its exclusive discretion. For the sake of clarity, the license granted to Nokia above in this Clause 5 shall include rights and licenses to any Pre-existing IPR of Licensee deemed necessary by Nokia to exercise its rights relating to the Feedback. 6. EXCLUSION OF WARRANTIES 6.1 LICENSEE ACKNOWLEDGES THAT THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND NOKIA, ITS AFFILIATES AND/OR ITS LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. 6.2 THERE IS NO WARRANTY BY NOKIA, ITS AFFILIATES AND/OR ITS LICENSORS OR BY ANY OTHER PARTY THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. LICENSEE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE LICENSED SOFTWARE TO ACHIEVE LICENSEE'S INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT. 6.3 THIS AGREEMENT CREATES NO OBLIGATIONS ON THE PART OF NOKIA OTHER THAN AS SPECIFICALLY SET FORTH HEREIN. 7. LIMITATION OF LIABILITY 7.1 IN NO EVENT SHALL NOKIA, ITS EMPLOYEES, LICENSORS, AFFILIATES OR AGENTS BE LIABLE FOR ANY LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, LOSS OF PROFITS, INTERRUPTION OF BUSINESS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF THE OTHER PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.2 THE TOTAL AGGREGATE LIABILITY OF NOKIA SHALL, ON ALL OCCASIONS AND FOR ANY DAMAGES OF WHATSOEVER NATURE ARISING IN WHATSOEVER MANNER, SHALL BE LIMITED TO U.S. $10. 8. TECHNICAL SUPPORT 8.1 In connection with the delivery of the Licensed Software under this Agreement, Nokia may make technical support relating to the Licensed Software available to the Licensee e.g. by providing access to a dedicated support website, but Nokia has no obligation whatsoever to furnish the Licensee with any technical support unless separately agreed in writing between Licensee and Nokia. 8.2 In the event Nokia provides the Licensee with any technical support under subsection 8.1 above without a separate written agreement, such provision shall not (i) obligate Nokia to continue to provide any technical support, (ii) enable the Licensee to make any claims regarding the quality, timeliness or other characteristics of the technical support being provided, (iii) create any obligation for Nokia to enter into a written support agreement with the Licensee. 8.3 Any technical support that may be provided by Nokia shall be provided without warranties of any kind, unless separately agreed in writing between the Parties. 9. TERM AND TERMINATION 9.1 The Agreement shall become effective upon Acceptance by Licensee as set forth above. Any terms and conditions that by their nature or otherwise reasonably should survive a termination or an expiry of the Agreement shall be deemed to survive. Such terms and conditions include but are not limited to the obligations set forth in Clauses 1, 5 -8, 10-12. 9.2 Nokia will have the right to terminate the Agreement for any reason at any time, in its sole discretion, with a prior written notice of thirty (30) days. 9.3 Upon expiry or termination of the Agreement Licensee shall return all information received and materials made available by Nokia under this Agreement, including but not limited to Licensed Software, to Nokia immediately. 10. EXPORT CONTROL. The Licensed Software, including technical data, includes cryptographic software subject to export controls under the U.S. Export Administration Regulations ("EAR") prohibiting the use of the Licensed Software and technical data by a Government End User, as defined hereafter, without a license from the U.S. government and may be subject to import or export controls in other countries. A Government End User is defined in Part 772 of the EAR as "any foreign central, regional, or local government department, agency, or other entity performing governmental functions; including governmental research institutions, governmental corporations, or their separate business units (as defined in part 772 of the EAR) which are engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List, and international governmental organizations. This term does not include: utilities (telecommunications companies and Internet service providers; banks and financial institutions; transportation; broadcast or entertainment; educational organizations; civil health and medical organizations; retail or wholesale firms; and manufacturing or industrial entities not engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List.)". Licensee agrees to strictly comply with all applicable import and export regulations and acknowledge that Licensee has the responsibility to obtain licenses to export, re-export, transfer, or import the Licensed Software. Licensee further represent that Licensee is not a Government End User as defined above, and Licensee will not transfer the Licensed Software to any Government End User without a license. 11. NOTICES. All notices and return of the Licensed Software and Documentation should be delivered to: Head of Legal Department NOKIA CORPORATION Devices P.O. Box 100 FIN-00045 NOKIA GROUP FINLAND 12. MISCELLANOUS 12.1 Licensee and Nokia are independent Parties. Nothing in this the Agreement shall be construed to make either Party an agent, employee, franchisee, joint venture or legal representative of the other Party. Neither Party will have nor represent itself to have any authority to bind the other Party or act on its behalf. Nothing in these General Conditions or the Agreement shall constitute or imply any promise or intention by Nokia to enter into any other business arrangement with Licensee. 12.2 If any provision of the Agreement or its Appendices is held invalid, all other provisions shall remain valid unless such validity would frustrate the purpose of the Agreement, this Agreement and its Appendices shall be enforced to the full extent allowable under applicable law. 12.3 Licensee shall bear all costs that it may incur in connection with the use of the Licensed Software. 12.4 This Agreement is governed by the laws of Finland excluding its choice of law provisions. All disputes arising from or relating to the Agreement shall be settled by a single arbitrator appointed by the Central Chamber of Commerce of Finland. The arbitration procedure shall take place in Helsinki, Finland in the English language.

* Enter Number:

( * mandatory field )