Bedienungsanleitung Nokia 121T (Seite 22 von 24) (Englisch)

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

This Software Agreement (“Agreement”) is between You (either an individual or an entity), the End User, and Nokia Corporation, Nokia Home Communications (“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 Soft-

ware or copy the Software except as expressly provided in this Agreement.

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, re-

produce, 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 as-

certain 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 prop-

erty 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 coun-

try 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

Nokia Mediamaster software end-user license

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 COUN-

TRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY AL-

LOW 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 af-

filiates 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 soft-

ware 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 manufac-

ture 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 serv-

ices controlled on the Wassenaar Munitions List.)” You agree to strictly comply with

all applicable import and export regulations and acknowledge that You have the re-

sponsibility 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 Home Communications

Itämerenkatu 11-13

00180 Helsinki

FINLAND

10. APPLICABLE LAW & GENERAL PROVISIONS.

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

ing 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 un-

enforceable, 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 modi-

fied 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 agree-

ments, communications, or advertising relating to the Software.

Nokia 121T Seite 22

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