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-
-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:
-
-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 &#169; <year> Nokia and others. All Rights Reserved.
-
-Contributor(s): ______________________________________.
-
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