Bedienungsanleitung Nokia 120C (Seite 23 von 24) (Englisch)

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Nokia Mediamaster software end-user license

IMPORTANT: READ CAREFULLY BEFORE OR USING THE SOFTWARE, NOKIA CORPORATION MULTIMEDIA END-USER SOFTWARE AGREEMENT

This Software Agreement ("Agreement") is between You (either an individual or an entity), the End User, and Nokia Corporation Multimedia ("Nokia"). The

Agreement authorizes You to use the Software specified in Clause 1 below and which is included in this Nokia digital TV receiver. This is an agreement on end-user

rights and not an agreement concerning sale.

Read this Agreement carefully before using the Software. By using this Nokia digital TV receiver, 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, return this Nokia digital TV receiver and accompanying documentation to the place of purchase.

YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND

CONDITIONS.

1. SOFTWARE. As used in this Agreement, the term "Software" means,

collectively: (i) the software product identified above (ii) digital images, stock

photographs, clip art, or other artistic works ("Stock Files") (iii) related

explanatory written materials and any other possible documentation related

thereto ("Documentation"); (iv) fonts, and (v) upgrades, modified versions,

updates, additions, and copies of the Software, if any, licensed to You by Nokia

under this Agreement.

2. END-USER RIGHTS AND USE. Nokia grants to You non-exclusive, non-

transferable end-user rights to use the Software on this Nokia digital TV

receiver only.

3. LIMITATIONS ON END-USER RIGHTS. You may not copy, distribute, or make

derivative works of the Software except as follows:

(a) You may transfer all your rights to the Software at the same time as You

transfer this Nokia digital TV receiver on a permanent basis, provided that You

transfer this Nokia digital TV receiver and all copies of the related

Documentation, do not retain any copies by yourself, and the recipient agrees

to the terms and conditions of this Agreement.

(b) You may not use, modify, translate, reproduce, or transfer the right to use

the Software or copy the Software except as expressly provided in this

Agreement.

or lend the Software.

(d) You may not reverse engineer, decompile, disassemble, or otherwise

attempt to discover the source code of the Software (except to the extent that

this restriction is expressly prohibited by law) or create derivative works based

on the Software.

(e) Unless stated otherwise in the Documentation, You shall not display,

modify, reproduce, or distribute any of possible the Stock Files included with

the Software. In the event that the Documentation allows You to display the

Stock Files, You shall not distribute the Stock Files on a stand-alone basis, i.e.,

in circumstances in which the Stock Files constitute the primary value of the

product being distributed. You should review the "Readme" files (if any)

associated with such Stock Files that You use to ascertain what rights You have

with respect to such materials. Stock Files may not be used in the production

of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic

material or in any otherwise illegal manner. You may not register or claim any

rights in the Stock Files or derivative works thereof.

(f) You agree that You shall only use the Software in a manner that complies

with all applicable laws in the jurisdiction in which You use the Software,

including, but not limited to, applicable restrictions concerning copyright and

other intellectual property rights.

4. COPYRIGHT. The Software and all rights, without limitation including

proprietary rights therein, are owned by Nokia and/or its licensors and

affiliates and are protected by international treaty provisions and all other

applicable national laws of the country in which it is being used. The structure,

organization, and code of the Software ae the valuable trade secrets and

confidential information of Nokia and/or its licensor and affiliates. You must

not copy the Software

5. COMMENCEMENT & TERMINATION. This Agreement is effective from the first

date You use this Nokia digital TV receiver. You may terminate this Agreement

at any time by returning, at Your own costs, this Nokia digital TV receiver, and

all related materials provided by Nokia. Your end-user rights automatically and

immediately terminate without notice from Nokia if You fail to comply with

any provision of this Agreement. In such an event, You must immediately

return at Your own cost, this Nokia digital TV receiver, and all related material

to the place of purchase.

6. NO OTHER OBLIGATIONS. This Agreement creates no obligations on the part

of Nokia other than as specifically set forth herein.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE

LAW, IN NO EVENT SHALL NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE

LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF

PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE,

PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION,

OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE,

SPECIAL, 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 SOFTWARE, EVEN IF NOKIA

OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH

CASES, NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE

LIMITED TO U.S. $50.

Nothing contained in this Agreement shall prejudice the statutory rights of any

party dealing as a consumer. Nokia is acting on behalf of its employees and

licensors or affiliates for the purpose of disclaiming, excluding, and/or

restricting obligations, and liability as provided in this clause 7, but in no other

respects and for no other purpose.

8. EXPORT CONTROL. The Software, including technical data, includes

cryptographic software subject to export controls under the U.S. Export

Administration Regulations ("EAR") and may be subject to import or export

controls in other countries. The EAR prohibits the use of the Software and

technical data by a Government End User, as defined hereafter, without a

license from the U.S. government. 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.)" You agree to strictly comply with

all applicable import and export regulations and acknowledge that You have

the responsibility to obtain licenses to export, re-export, transfer, or import the

Software. You further represent that You are not a Government End User as

defined above, and You will not transfer the Software to any Government End

User without a license.

9. CONTACT DETAILS. If You want to contact Nokia in respect of this Agreement,

contact Nokia at the following address:

Nokia Corporation Multimedia

Keilalahdentie 2-4,

P.O. Box 226

FIN-00045 Nokia Group, Finland

Tel. +358 7180 08000

10. APPLICABLE LAW & GENERAL PROVISIONS.

This Agreement is governed by the laws of Finland. All disputes arising from or

relating to this 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. If any part of this

Agreement is found void and unenforceable, it will not affect the validity of the

balance of the Agreement, which shall remain valid and enforceable according

to its terms. This Agreement may only be modified in writing by an authorized

officer of Nokia.

This is the entire agreement between Nokia and You relating to the Software,

and it supersedes any prior representations, discussions, undertakings, end-

user agreements, communications, or advertising relating to the Software.

Nokia 120C Seite 23

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