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			424 lines
		
	
	
		
			20 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
| 
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| Nokia Open Source License (NOKOS
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| License) Version 1.0a
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|  1. DEFINITIONS.
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| 
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| "Affiliates" of a party shall mean an entity
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| 
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| a) which is directly or indirectly controlling such party;
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| 
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| b) which is under the same direct or indirect ownership or control
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| as such party; or
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| 
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| c) which is directly or indirectly owned or controlled by such party.
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| 
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| For these purposes, an entity shall be treated as being controlled
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| by another if that other entity has fifty percent (50%) or more of the
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| votes in such entity, is able to direct its affairs and/or to control the
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| composition of its board of directors or equivalent body.
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| 
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| "Commercial Use" shall mean distribution or otherwise making
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| the Covered Software available to a third party.
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| 
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| ``Contributor`` shall mean each entity that creates or contributes
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| to the creation of Modifications.
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| 
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| ``Contributor Version`` shall mean in case of any Contributor
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| the combination of the Original Software, prior Modifications used by a
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| Contributor, and the Modifications made by that particular Contributor 
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| and in case of Nokia in addition the Original Software in any form, including
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| the form as Exceutable.
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| 
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| ``Covered Software`` shall mean the Original Software or Modifications
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| or the combination of the Original Software and Modifications, in each
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| case including portions thereof.
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| 
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| ``Electronic Distribution Mechanism`` shall mean a mechanism
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| generally accepted in the software development community for the electronic
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| transfer of data.
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| 
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| ``Executable`` shall mean Covered Software in any form other
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| than Source Code.
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| 
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| ``Nokia`` shall mean Nokia Corporation and its Affiliates.
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| 
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| ``Larger Work`` shall mean a work, which combines Covered Software
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| or portions thereof with code not governed by the terms of this License.
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| 
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| ``License`` shall mean this document.
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| 
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| "Licensable" shall mean having the right to grant, to the maximum
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| extent possible, whether at the time of the initial grant or subsequently
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| acquired, any and all of the rights conveyed herein.
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| 
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| ``Modifications`` shall mean any addition to or deletion from
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| the substance or structure of either the Original Software or any previous
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| Modifications. When Covered Software is released as a series of files,
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| a Modification is:
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| 
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| a) Any addition to or deletion from the contents of a file containing
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| Original Software or previous Modifications.
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| 
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| b) Any new file that contains any part of the Original Software or
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| previous Modifications.
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| 
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| ``Original Software`` shall mean the Source Code of computer
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| software code which is described in the Source Code notice required by
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| Exhibit A as Original Software, and which, at the time of its release under
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| this License is not already Covered Software governed by this License.
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| 
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| "Patent Claims" shall mean any patent claim(s), now owned
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| or hereafter acquired, including without limitation, method, process, and
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| apparatus claims, in any patent Licensable by grantor.
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| 
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| ``Source Code`` shall mean the preferred form of the Covered
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| Software for making modifications to it, including all modules it contains,
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| plus any associated interface definition files, scripts used to control
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| compilation and installation of an Executable, or source code differential
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| comparisons against either the Original Software or another well known,
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| available Covered Software of the Contributor`s choice. The Source Code
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| can be in a compressed or archival form, provided the appropriate decompression
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| or de-archiving software is widely available for no charge.
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| 
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| "You`` (or "Your") shall mean an individual or a legal
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| entity exercising rights under, and complying with all of the terms of,
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| this License or a future version of this License issued under Section 6.1.
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| For legal entities, "You`` includes Affiliates of such entity.
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| 
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| 2. SOURCE CODE LICENSE.
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| 
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| 2.1 Nokia Grant.
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| 
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| Subject to the terms of this License, Nokia hereby grants You a world-wide,
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| royalty-free, non-exclusive license, subject to third party intellectual
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| property claims:
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| 
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| a) under copyrights Licensable by Nokia to use, reproduce, modify,
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| display, perform, sublicense and distribute the Original Software (or portions
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| thereof) with or without Modifications, and/or as part of a Larger Work;
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| 
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| b) and under Patents Claims necessarily infringed by the making, using
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| or selling of Original Software, to make, have made, use, practice, sell,
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| and offer for sale, and/or otherwise dispose of the Original Software (or
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| portions thereof).
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| 
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| c) The licenses granted in this Section 2.1(a) and (b) are effective
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| on the date Nokia first distributes Original Software under the terms of
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| this License.
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| 
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| d) Notwithstanding Section 2.1(b) above, no patent license is granted:
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| 1) for code that You delete from the Original Software; 2) separate from
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| the Original Software; or 3) for infringements caused by: i) the modification
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| of the Original Software or ii) the combination of the Original Software
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| with other software or devices.
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| 
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| 2.2 Contributor Grant.
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| 
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| Subject to the terms of this License and subject to third party intellectual
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| property claims, each Contributor hereby grants You a world-wide, royalty-free,
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| non-exclusive license
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| 
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| a) under copyrights Licensable by Contributor, to use, reproduce, modify,
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| display, perform, sublicense and distribute the Modifications created by
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| such Contributor (or portions thereof) either on an unmodified basis, with
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| other Modifications, as Covered Software and/or as part of a Larger Work;
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| and
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| 
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| b) under Patent Claims necessarily infringed by the making, using,
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| or selling of Modifications made by that Contributor either alone and/or
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| in combination with its Contributor Version (or portions of such combination),
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| to make, use, sell, offer for sale, have made, and/or otherwise dispose
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| of: 1) Modifications made by that Contributor (or portions thereof); and
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| 2) the combination of Modifications made by that Contributor with its Contributor
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| Version (or portions of such combination).
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| 
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| c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
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| on the date Contributor first makes Commercial Use of the Covered Software.
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| 
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| d) Notwithstanding Section 2.2(b) above, no patent license is granted:
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| 1) for any code that Contributor has deleted from the Contributor Version;
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| 2) separate from the Contributor Version; 3) for infringements caused by:
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| i) third party modifications of Contributor Version or ii) the combination
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| of Modifications made by that Contributor with other software (except as
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| part of the Contributor Version) or other devices; or 4) under Patent Claims
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| infringed by Covered Software in the absence of Modifications made by that
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| Contributor.
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| 
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| 3. DISTRIBUTION OBLIGATIONS.
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| 
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| 3.1 Application of License.
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| 
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| 
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| The Modifications which You create or to which You contribute are governed
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| by the terms of this License, including without limitation Section 2.2.
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| The Source Code version of Covered Software may be distributed only under
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| the terms of this License or a future version of this License released
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| under Section 6.1, and You must include a copy of this License with every
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| copy of the Source Code You distribute. You may not offer or impose any
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| terms on any Source Code version that alters or restricts the applicable
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| version of this License or the recipients` rights hereunder. However, You
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| may include an additional document offering the additional rights described
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| in Section 3.5.
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| 
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| 3.2 Availability of Source Code.
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| 
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| Any Modification which You create or to which You contribute must be
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| made available in Source Code form under the terms of this License either
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| on the same media as an Executable version or via an accepted Electronic
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| Distribution Mechanism to anyone to whom you made an Executable version
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| available; and if made available via Electronic Distribution Mechanism,
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| must remain available for at least twelve (12) months after the date it
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| initially became available, or at least six (6) months after a subsequent
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| version of that particular Modification has been made available to such
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| recipients. You are responsible for ensuring that the Source Code version
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| remains available even if the Electronic Distribution Mechanism is maintained
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| by a third party.
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| 
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| 3.3 Description of Modifications.
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| 
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| You must cause all Covered Software to which You contribute to contain
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| a file documenting the changes You made to create that Covered Software
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| and the date of any change. You must include a prominent statement that
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| the Modification is derived, directly or indirectly, from Original Software
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| provided by Nokia and including the name of Nokia in (a) the Source Code,
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| and (b) in any notice in an Executable version or related documentation
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| in which You describe the origin or ownership of the Covered Software.
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| 
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| 3.4  Intellectual Property Matters
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| 
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| (a) Third Party Claims.
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| 
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| If Contributor has knowledge that a license under a third party`s intellectual
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| property rights is required to exercise the rights granted by such Contributor
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| under Sections 2.1 or 2.2, Contributor must include a text file with the
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| Source Code distribution titled "LEGAL`` which describes the claim and
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| the party making the claim in sufficient detail that a recipient will know
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| whom to contact. If Contributor obtains such knowledge after the Modification
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| is made available as described in Section 3.2, Contributor shall promptly
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| modify the LEGAL file in all copies Contributor makes available thereafter
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| and shall take other steps (such as notifying appropriate mailing lists
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| or newsgroups) reasonably calculated to inform those who received the Covered
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| Software that new knowledge has been obtained.
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| 
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| (b) Contributor APIs.
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| 
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| If Contributor`s Modifications include an application programming interface
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| and Contributor has knowledge of patent licenses which are reasonably necessary
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| to implement that API, Contributor must also include this information in
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| the LEGAL file.
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| 
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| (c) Representations.
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| 
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| Contributor represents that, except as disclosed pursuant to Section
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| 3.4(a) above, Contributor believes that Contributor`s Modifications are
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| Contributor`s original creation(s) and/or Contributor has sufficient rights
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| to grant the rights conveyed by this License.
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| 
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| 3.5 Required Notices.
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| 
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| You must duplicate the notice in Exhibit A in each file of the Source
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| Code. If it is not possible to put such notice in a particular Source Code
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| file due to its structure, then You must include such notice in a location
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| (such as a relevant directory) where a user would be likely to look for
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| such a notice. If You created one or more Modification(s) You may add your
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| name as a Contributor to the notice described in Exhibit A. You must also
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| duplicate this License in any documentation for the Source Code where You
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| describe recipients` rights or ownership rights relating to Covered Software.
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| You may choose to offer, and to charge a fee for, warranty, support, indemnity
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| or liability obligations to one or more recipients of Covered Software.
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| However, You may do so only on Your own behalf, and not on behalf of Nokia
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| or any Contributor. You must make it absolutely clear that any such warranty,
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| support, indemnity or liability obligation is offered by You alone, and
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| You hereby agree to indemnify Nokia and every Contributor for any liability
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| incurred by Nokia or such Contributor as a result of warranty, support,
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| indemnity or liability terms You offer.
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| 
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| 3.6 Distribution of Executable Versions.
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| 
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| You may distribute Covered Software in Executable form only if the
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| requirements of Section 3.1-3.5 have been met for that Covered Software,
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| and if You include a notice stating that the Source Code version of the
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| Covered Software is available under the terms of this License, including
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| a description of how and where You have fulfilled the obligations of Section
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| 3.2. The notice must be conspicuously included in any notice in an Executable
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| version, related documentation or collateral in which You describe recipients`
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| rights relating to the Covered Software. You may distribute the Executable
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| version of Covered Software or ownership rights under a license of Your
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| choice, which may contain terms different from this License, provided that
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| You are in compliance with the terms of this License and that the license
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| for the Executable version does not attempt to limit or alter the recipient`s
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| rights in the Source Code version from the rights set forth in this License.
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| If You distribute the Executable version under a different license You
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| must make it absolutely clear that any terms which differ from this License
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| are offered by You alone, not by Nokia or any Contributor. You hereby agree
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| to indemnify Nokia and every Contributor for any liability incurred by
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| Nokia or such Contributor as a result of any such terms You offer.
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| 
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| 3.7 Larger Works.
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| 
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| You may create a Larger Work by combining Covered Software with other
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| software not governed by the terms of this License and distribute the Larger
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| Work as a single product. In such a case, You must make sure the requirements
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| of this License are fulfilled for the Covered Software.
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| 
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| 4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
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| 
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| If it is impossible for You to comply with any of the terms of this
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| License with respect to some or all of the Covered Software due to statute,
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| judicial order, or regulation then You must: (a) comply with the terms
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| of this License to the maximum extent possible; and (b) describe the limitations
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| and the code they affect. Such description must be included in the LEGAL
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| file described in Section 3.4 and must be included with all distributions
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| of the Source Code.
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| 
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| Except to the extent prohibited by statute or regulation, such description
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| must be sufficiently detailed for a recipient of ordinary skill to be able
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| to understand it.
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| 
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| 5. APPLICATION OF THIS LICENSE.
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| 
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| This License applies to code to which Nokia has attached the notice
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| in Exhibit A and to related Covered Software.
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| 
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| 6. VERSIONS OF THE LICENSE.
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| 
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| 
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| 6.1 New Versions.
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| 
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| Nokia may publish revised and/or new versions of the License from time
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| to time. Each version will be given a distinguishing version number.
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| 
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| 6.2 Effect of New Versions.
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| 
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| Once Covered Software has been published under a particular version
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| of the License, You may always continue to use it under the terms of that
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| version. You may also choose to use such Covered Software under the terms
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| of any subsequent version of the License published by Nokia. No one other
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| than Nokia has the right to modify the terms applicable to Covered Software
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| created under this License.
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| 
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| 7. DISCLAIMER OF WARRANTY.
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| 
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| COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS`` BASIS,
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| WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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| LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE,
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| FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
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| QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
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| COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS LICENSORS
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| OR AFFILIATES OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
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| SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF  WARRANTY CONSTITUTES
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| AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED
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| HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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| 
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| 8. TERMINATION.
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| 
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| 8.1 This License and the rights granted hereunder will terminate automatically
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| if You fail to comply with terms herein and fail to cure such breach within
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| 30 days of becoming aware of the breach. All sublicenses to the Covered
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| Software which are properly granted shall survive any termination of this
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| License. Provisions which, by their nature, must remain in effect beyond
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| the termination of this License shall survive.
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| 
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| 8.2 If You initiate litigation by asserting a patent infringement claim
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| (excluding declatory judgment actions) against Nokia or a Contributor (Nokia
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| or Contributor against whom You file such action is referred to as "Participant")
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| alleging that:
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| 
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| a) such Participant`s Contributor Version directly or indirectly infringes
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| any patent, then any and all rights granted by such Participant to You
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| under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
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| from Participant terminate prospectively, unless if within 60 days after
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| receipt of notice You either: (i) agree in writing to pay Participant a
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| mutually agreeable reasonable royalty for Your past and future use of Modifications
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| made by such Participant, or (ii) withdraw Your litigation claim with respect
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| to the Contributor Version against such Participant. If within 60 days
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| of notice, a reasonable royalty and payment arrangement are not mutually
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| agreed upon in writing by the parties or the litigation claim is not withdrawn,
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| the rights granted by Participant to You under Sections 2.1 and/or 2.2
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| automatically terminate at the expiration of the 60 day notice period specified
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| above.
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| 
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| b) any software, hardware, or device, other than such Participant`s
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| Contributor Version, directly or indirectly infringes any patent, then
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| any rights granted to You by such Participant under Sections 2.1(b) and
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| 2.2(b) are revoked effective as of the date You first made, used, sold,
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| distributed, or had made, Modifications made by that Participant.
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| 
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| 8.3 If You assert a patent infringement claim against Participant alleging
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| that such Participant`s Contributor Version directly or indirectly infringes
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| any patent where such claim is resolved (such as by license or settlement)
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| prior to the initiation of patent infringement litigation, then the reasonable
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| value of the licenses granted by such Participant under Sections 2.1 or
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| 2.2 shall be taken into account in determining the amount or value of any
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| payment or license.
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| 
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| 8.4 In the event of termination under Sections 8.1 or 8.2 above, all
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| end user license agreements (excluding distributors and resellers) which
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| have been validly granted by You or any distributor hereunder prior to
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| termination shall survive termination.
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| 
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| 9. LIMITATION OF LIABILITY.
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| 
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| UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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| NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, NOKIA, ANY OTHER CONTRIBUTOR,
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| OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH
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| PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
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| OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
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| DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
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| OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
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| HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
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| OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
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| RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS
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| SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
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| OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUT MAY ALLOW LIABILITY TO BE LIMITED;
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| IN SUCH CASES, A PARTY`s, ITS EMPLOYEES, LICENSORS OR AFFILIATES` LIABILITY
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| SHALL BE LIMITED TO U.S. $50. Nothing contained in this License shall prejudice
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| the statutory rights of any party dealing as a consumer.
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| 
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| 10. MISCELLANEOUS.
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| 
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| This License represents the complete agreement concerning subject matter
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| hereof. All rights in the Covered Software not expressly granted under
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| this License are reserved. Nothing in this License shall grant You any
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| rights to use any of the trademarks of Nokia or any of its Affiliates,
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| even if any of such trademarks are included in any part of Covered Software
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| and/or documentation to it.
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| 
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| This License is governed by the laws of Finland excluding its conflict-of-law
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| provisions. All disputes arising from or relating to this Agreement shall
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| be settled by a single arbitrator appointed by the Central Chamber of Commerce
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| of Finland. The arbitration procedure shall take place in Helsinki, Finland
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| in the English language. If any part of this Agreement is found void and
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| unenforceable, it will not affect the validity of the balance of the Agreement,
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| which shall remain valid and enforceable according to its terms.
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| 
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| 11. RESPONSIBILITY FOR CLAIMS.
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| 
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| As between Nokia and the Contributors, each party is responsible for
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| claims and damages arising, directly or indirectly, out of its utilization
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| of rights under this License and You agree to work with Nokia and Contributors
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| to distribute such responsibility on an equitable basis. Nothing herein
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| is intended or shall be deemed to constitute any admission of liability.
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| 
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|  
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| 
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| EXHIBIT A
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| 
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| The contents of this file are subject to the NOKOS License Version 1.0
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| (the "License"); you may not use this file except in compliance with the
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| License.
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| 
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| Software distributed under the License is distributed on an "AS IS"
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| basis, WITHOUT WARRANTY OF  ANY KIND, either express or implied. See
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| the License for the specific language governing rights and limitations
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| under the License.
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| 
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| The Original Software is
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| 
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| ______________________________________.
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| 
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| Copyright © <year> Nokia and others. All Rights Reserved.
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| 
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| Contributor(s): ______________________________________.
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| 
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