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License:NokOSv1.0a

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Name Nokia Open Source License (NOKOS License) Version 1.0a
URL http://sw.nokia.com/tools/LICENSE.txt
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License text


                Nokia Open Source License (NOKOS License) Version 1.0a

  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, 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.




Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. A copy of the license is included in the page “GNU Free Documentation License”.

The copyright and license notices on this page only apply to the text on this page. Any software or copyright-licenses or other similar notices described in this text has its own copyright notice and license, which can usually be found in the distribution or license text itself.


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