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Public Rights Licences |
Nokia Open Source License (NOKOS License)
Copyright: No
URL: http://www.opensource.org/licenses/nokia.php
Type: Software
Media: Software
Country: Finland
Licence text
1. DEFINITIONS.
"Affiliates" of a party shall mean an entity
a) which is directly or
indirectly controlling such party;
b) which is under the same direct or
indirect ownership or control as such party; or
c) 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.
"Commercial Use" shall mean distribution or otherwise making the Covered Software available to a third party.
''Contributor'' shall mean each entity that creates or contributes to the creation of Modifications.
''Contributor Version'' shall mean in case of any Contributor the combination of the Original Software, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor and in case of Nokia in addition the Original Software in any form, including the form as Exceutable.
''Covered Software'' shall mean the Original Software or Modifications or the combination of the Original Software and Modifications, in each case including portions thereof.
''Electronic Distribution Mechanism'' shall mean a mechanism generally accepted in the software development community for the electronic transfer of data.
''Executable'' shall mean Covered Software in any form other than Source Code.
''Nokia'' shall mean Nokia Corporation and its Affiliates.
''Larger Work'' shall mean a work, which combines Covered Software or portions thereof with code not governed by the terms of this License.
''License'' shall mean this document.
"Licensable" shall mean having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
''Modifications'' shall mean any addition to or deletion from the substance
or structure of either the Original Software or any previous
Modifications. When
Covered Software is released as a series of files, a Modification is:
a) Any
addition to or deletion from the contents of a file containing Original Software
or previous Modifications.
b) Any new file that contains any part of the
Original Software or previous Modifications.
''Original Software'' shall mean the Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Software, and which, at the time of its release under this License is not already Covered Software governed by this License.
"Patent Claims" shall mean any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
''Source Code'' shall mean the preferred form of the Covered Software for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Software or another well known, available Covered Software of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
"You'' (or "Your") shall mean an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You'' includes Affiliates of such entity.
2. SOURCE CODE LICENSE.
2.1 Nokia Grant.
Subject to the terms of this License, Nokia
hereby grants You a world-wide, royalty-free, non-exclusive license, subject to
third
party intellectual property claims:
a) under copyrights Licensable by
Nokia to use, reproduce, modify, display, perform, sublicense and distribute the
Original Software
(or portions thereof) with or without Modifications, and/or as
part of a Larger Work;
b) and under Patents Claims necessarily infringed by
the making, using or selling of Original Software, to make, have made, use,
practice,
sell, and offer for sale, and/or otherwise dispose of the Original
Software (or portions thereof).
c) The licenses granted in this Section
2.1(a) and (b) are effective on the date Nokia first distributes Original
Software under the
terms of this License.
d) Notwithstanding Section 2.1(b)
above, no patent license is granted: 1) for code that You delete from the
Original Software; 2)
separate from the Original Software; or 3) for
infringements caused by: i) the modification of the Original Software or ii) the
combination
of the Original Software with other software or devices.
2.2 Contributor Grant.
Subject to the terms of this License and
subject to third party intellectual property claims, each Contributor hereby
grants You a
world-wide, royalty-free, non-exclusive license
a) under
copyrights Licensable by Contributor, to use, reproduce, modify, display,
perform, sublicense and distribute the Modifications
created by such Contributor
(or portions thereof) either on an unmodified basis, with other Modifications,
as Covered Software and/or
as part of a Larger Work; and
b) under Patent
Claims necessarily infringed by the making, using, or selling of Modifications
made by that Contributor either alone
and/or in combination with its Contributor
Version (or portions of such combination), to make, use, sell, offer for sale,
have made,
and/or otherwise dispose of: 1) Modifications made by that
Contributor (or portions thereof); and 2) the combination of Modifications
made
by that Contributor with its Contributor Version (or portions of such
combination).
c) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first makes Commercial Use of the Covered
Software.
d) Notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from the Contributor
Version; 2) separate from the Contributor Version; 3) for infringements caused
by: i) third party modifications of Contributor Version
or ii) the combination
of Modifications made by that Contributor with other software (except as part of
the Contributor Version)
or other devices; or 4) under Patent Claims infringed
by Covered Software in the absence of Modifications made by that Contributor.
3. DISTRIBUTION OBLIGATIONS.
3.1 Application of License.
The
Modifications which You create or to which You contribute are governed by the
terms of this License, including without limitation
Section 2.2. The Source Code
version of Covered Software may be distributed only under the terms of this
License or a future version
of this License released under Section 6.1, and You
must include a copy of this License with every copy of the Source Code You
distribute.
You may not offer or impose any terms on any Source Code version
that alters or restricts the applicable version of this License
or the
recipients' rights hereunder. However, You may include an additional document
offering the additional rights described in
Section 3.5.
3.2 Availability of Source Code.
Any Modification which You create
or to which You contribute must be made available in Source Code form under the
terms of this License
either on the same media as an Executable version or via
an accepted Electronic Distribution Mechanism to anyone to whom you made
an
Executable version available; and if made available via Electronic Distribution
Mechanism, must remain available for at least
twelve (12) months after the date
it initially became available, or at least six (6) months after a subsequent
version of that particular
Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code version
remains available
even if the Electronic Distribution Mechanism is maintained by
a third party.
3.3 Description of Modifications.
You must cause all Covered
Software to which You contribute to contain a file documenting the changes You
made to create that Covered
Software and the date of any change. You must
include a prominent statement that the Modification is derived, directly or
indirectly,
from Original Software provided by Nokia and including the name of
Nokia in (a) the Source Code, and (b) in any notice in an Executable
version or
related documentation in which You describe the origin or ownership of the
Covered Software.
3.4 Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such
Contributor under Sections 2.1 or 2.2, Contributor must include a text file with
the Source Code distribution titled
"LEGAL'' which describes the claim and the
party making the claim in sufficient detail that a recipient will know whom to
contact.
If Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly
modify the
LEGAL file in all copies Contributor makes available thereafter and shall take
other steps (such as notifying appropriate
mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered Software that new
knowledge has been
obtained.
(b) Contributor APIs.
If Contributor's Modifications include an
application programming interface and Contributor has knowledge of patent
licenses which
are reasonably necessary to implement that API, Contributor must
also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed
pursuant to Section 3.4(a) above, Contributor believes that Contributor's
Modifications
are Contributor's original creation(s) and/or Contributor has
sufficient rights to grant the rights conveyed by this License.
3.5 Required Notices.
You must duplicate the notice in Exhibit A
in each file of the Source Code. If it is not possible to put such notice in a
particular
Source Code file due to its structure, then You must include such
notice in a location (such as a relevant directory) where a user
would be likely
to look for such a notice. If You created one or more Modification(s) You may
add your name as a Contributor to the
notice described in Exhibit A. You must
also duplicate this License in any documentation for the Source Code where You
describe recipients'
rights or ownership rights relating to Covered Software.
You may choose to offer, and to charge a fee for, warranty, support, indemnity
or liability obligations to one or more recipients of Covered Software. However,
You may do so only on Your own behalf, and not on
behalf of Nokia or any
Contributor. You must make it absolutely clear that any such warranty, support,
indemnity or liability obligation
is offered by You alone, and You hereby agree
to indemnify Nokia and every Contributor for any liability incurred by Nokia or
such
Contributor as a result of warranty, support, indemnity or liability terms
You offer.
3.6 Distribution of Executable Versions.
You may distribute
Covered Software in Executable form only if the requirements of Section 3.1-3.5
have been met for that Covered
Software, and if You include a notice stating
that the Source Code version of the Covered Software is available under the
terms of
this License, including a description of how and where You have
fulfilled the obligations of Section 3.2. The notice must be conspicuously
included in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating
to the Covered
Software. You may distribute the Executable version of Covered Software or
ownership rights under a license of Your
choice, which may contain terms
different from this License, provided that You are in compliance with the terms
of this License and
that the license for the Executable version does not attempt
to limit or alter the recipient's rights in the Source Code version
from the
rights set forth in this License. If You distribute the Executable version under
a different license You must make it absolutely
clear that any terms which
differ from this License are offered by You alone, not by Nokia or any
Contributor. You hereby agree to
indemnify Nokia and every Contributor for any
liability incurred by Nokia or such Contributor as a result of any such terms
You offer.
3.7 Larger Works.
You may create a Larger Work by combining
Covered Software with other software not governed by the terms of this License
and distribute
the Larger Work as a single product. In such a case, You must
make sure the requirements of this License are fulfilled for the Covered
Software.
4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
If it is impossible
for You to comply with any of the terms of this License with respect to some or
all of the Covered Software due
to statute, judicial order, or regulation then
You must: (a) comply with the terms of this License to the maximum extent
possible;
and (b) describe the limitations and the code they affect. Such
description must be included in the LEGAL file described in Section
3.4 and must
be included with all distributions of the Source Code.
Except to the extent
prohibited by statute or regulation, such description must be sufficiently
detailed for a recipient of ordinary
skill to be able to understand it.
5. APPLICATION OF THIS LICENSE.
This License applies to code to which
Nokia has attached the notice in Exhibit A and to related Covered Software.
6. VERSIONS OF THE LICENSE.
6.1 New Versions.
Nokia may
publish revised and/or new versions of the License from time to time. Each
version will be given a distinguishing version
number.
6.2 Effect of New Versions.
Once Covered Software has been
published under a particular version of the License, You may always continue to
use it under the terms
of that version. You may also choose to use such Covered
Software under the terms of any subsequent version of the License published
by
Nokia. No one other than Nokia has the right to modify the terms applicable to
Covered Software created under this License.
7. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS
LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS
FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS
WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE
IN ANY RESPECT, YOU (NOT
NOKIA, ITS LICENSORS OR AFFILIATES OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE
IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms herein and fail to
cure
such breach within 30 days of becoming aware of the breach. All sublicenses to
the Covered Software which are properly granted
shall survive any termination of
this License. Provisions which, by their nature, must remain in effect beyond
the termination of
this License shall survive.
8.2 If You initiate
litigation by asserting a patent infringement claim (excluding declatory
judgment actions) against Nokia or a
Contributor (Nokia or Contributor against
whom You file such action is referred to as "Participant") alleging that:
a)
such Participant's Contributor Version directly or indirectly infringes any
patent, then any and all rights granted by such Participant
to You under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively, unless
if within 60 days after receipt of
notice You either: (i) agree in writing to pay Participant a mutually agreeable
reasonable royalty
for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to the
Contributor Version against such Participant. If within 60 days of notice, a
reasonable royalty and payment arrangement are not mutually
agreed upon in
writing by the parties or the litigation claim is not withdrawn, the rights
granted by Participant to You under Sections
2.1 and/or 2.2 automatically
terminate at the expiration of the 60 day notice period specified above.
b)
any software, hardware, or device, other than such Participant's Contributor
Version, directly or indirectly infringes any patent,
then any rights granted to
You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
as of the date You first
made, used, sold, distributed, or had made,
Modifications made by that Participant.
8.3 If You assert a patent infringement claim against Participant alleging
that such Participant's Contributor Version directly or
indirectly infringes any
patent where such claim is resolved (such as by license or settlement) prior to
the initiation of patent
infringement litigation, then the reasonable value of
the licenses granted by such Participant under Sections 2.1 or 2.2 shall be
taken into account in determining the amount or value of any payment or license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all end
user license agreements (excluding distributors and resellers)
which have been
validly granted by You or any distributor hereunder prior to termination shall
survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU,
NOKIA, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SUCH PARTY SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUT MAY ALLOW LIABILITY TO BE
LIMITED; IN SUCH CASES, A PARTY's,
ITS EMPLOYEES, LICENSORS OR AFFILIATES'
LIABILITY SHALL BE LIMITED TO U.S. $50. Nothing contained in this License shall
prejudice
the statutory rights of any party dealing as a consumer.
10. MISCELLANEOUS.
This License represents the complete agreement
concerning subject matter hereof. All rights in the Covered Software not
expressly
granted under this License are reserved. Nothing in this License shall
grant You any rights to use any of the trademarks of Nokia
or any of its
Affiliates, even if any of such trademarks are included in any part of Covered
Software and/or documentation to it.
This License is governed by the laws of
Finland excluding its conflict-of-law provisions. 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.
11. RESPONSIBILITY FOR CLAIMS.
As between Nokia and the Contributors,
each party is responsible for claims and damages arising, directly or
indirectly, out of its
utilization of rights under this License and You agree to
work with Nokia and Contributors to distribute such responsibility on an
equitable basis. Nothing herein is intended or shall be deemed to constitute any
admission of liability.
EXHIBIT A
The contents of this file are subject to the NOKOS License Version 1.0 (the "License"); you may not use this file except in compliance with the License.
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Software is
______________________________________.
Copyright © <year> Nokia and others. All Rights Reserved.
Contributor(s): ______________________________________.
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URL: http://www.worldlii.org/int/other/PubRL/2009/43.html