Nokia Mediamaster 260T User Manual

Nokia Mediamaster 260T User Manual Manual pdf 35 page image

GB 35Nokia Mediamaster software end-user licenseIMPORTANT: READ CAREFULLY BEFORE OR USING THE SOFTWARE NOKIA CORPORATION, NOKIA HOME COMMUNICATIONS END-USER SOFTWARE AGREEMENTThis 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 agreementon 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 Youdo 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 ANDCONDITIONS.1. SOFTWARE. As used in this Agreement, the term “Software” means,collectively: (i) the software product identified above (ii) digital images, stockphotographs, clip art, or other artistic works (“Stock Files”) (iii) relatedexplanatory written materials and any other possible documentation relatedthereto (“Documentation”); (iv) fonts, and (v) upgrades, modified versions,updates, additions, and copies of the Software, if any, licensed to You by Nokiaunder 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 TVreceiver only.3. LIMITATIONS ON END-USER RIGHTS. You may not copy, distribute, or makederivative works of the Software except as follows:(a) You may transfer all your rights to the Software at the same time as Youtransfer this Nokia digital TV receiver on a permanent basis, provided that Youtransfer this Nokia digital TV receiver and all copies of the relatedDocumentation, do not retain any copies by yourself, and the recipient agreesto the terms and conditions of this Agreement.(b) You may not use, modify, translate, reproduce, or transfer the right to usethe Software or copy the Software except as expressly provided in thisAgreement.(c) You may not resell, except as set forth in clause 3 (a), sublicense, rent, lease,or lend the Software.(d) You may not reverse engineer, decompile, disassemble, or otherwiseattempt to discover the source code of the Software (except to the extent thatthis restriction is expressly prohibited by law) or create derivative works basedon the Software.(e) Unless stated otherwise in the Documentation, You shall not display,modify, reproduce, or distribute any of possible the Stock Files included withthe Software. In the event that the Documentation allows You to display theStock 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 theproduct being distributed. You should review the “Readme” files (if any)associated with such Stock Files that You use to ascertain what rights You havewith respect to such materials. Stock Files may not be used in the productionof libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographicmaterial or in any otherwise illegal manner. You may not register or claim anyrights in the Stock Files or derivative works thereof.(f) You agree that You shall only use the Software in a manner that complieswith all applicable laws in the jurisdiction in which You use the Software,including, but not limited to, applcable restrictions concerning copyright andother intellectual property rights.4. COPYRIGHT. The Software and all rights, without limitation includingproprietary rights therein, are owned by Nokia and/or its licensors andaffiliates and are protected by international treaty provisions and all otheraplicable national laws of the country in which it is being used. The structure,organization, and code of the Software ae the valuable trade secrets andconfidential information of Nokia and/or its licensor and affiliates. You mustnot copy the Software5. COMMENCEMENT & TERMINATION. This Agreement is effective from the firstdate You use this Nokia digital TV receiver. You may terminate this Agreementat any time by returning, at Your own costs, this Nokia digital TV receiver, andall related materials provided by Nokia. Your end-user rights automatically andimmediately terminate without notice from Nokia if You fail to comply withany provision of this Agreement. In such an event, You must immediatelyreturn at Your own cost, this Nokia digital TV receiver, and all related materialto the place of purchase.6. NO OTHER OBLIGATIONS. This Agreement creates no obligations on the partof Nokia other than as specifically set forth herein.7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, IN NO EVENT SHALL NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BELIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OFPROCUREMENT 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 WHETHERARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITYARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NOKIAOR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THEEXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCHCASES, NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES’ LIABILITY SHALL BELIMITED TO U.S. $50.Nothing contained in this Agreement shall prejudice the statutory rights of anyparty dealing as a consumer. Nokia is acting on behalf of its employees andlicensors or affiliates for the purpose of disclaiming, excluding, and/orrestricting obligations, and liability as provided in this clause 7, but in no otherrespects and for no other purpose.8. EXPORT CONTROL. The Software, including technical data, includescryptographic software subject to export controls under the U.S. ExportAdministration Regulations (“EAR”) and may be subject to import or exportcontrols in other countries. The EAR prohibits the use of the Software andtechnical data by a Government End User, as defined hereafter, without alicense from the U.S. government. A Government End User is defined in Part 772of the EAR as “any foreign central, regional, or local government department,agency, or other entity performing governmental functions; includinggovernmental research institutions, governmental corporations, or theirseparate business units (as defined in part 772 of the EAR) which are engagedin the manufacture or distribution of items or services controlled on theWassenaar Munitions List, and international governmental organizations. Thisterm does not include: utilities (telecommunications companies and InternetService Providers; banks and financial institutions; transportation; broadcastor entertainment; educational organizations; civil health and medicalorganizations; retail or wholesale firms; and manufacturing or industrialentities not engaged in the manufacture or distribution of items or servicescontrolled on the Wassenaar Munitions List.)” You agree to strictly comply withall applicable import and export regulations and acknowledge that You havethe responsibility to obtain licenses to export, re-export, transfer, or import theSoftware. You further represent that You are not a Government End User asdefined above, and You will not transfer the Software to any Government EndUser 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 CommunicationsItämerenkatu 11-1300180 HelsinkiFINLAND10. APPLICABLE LAW & GENERAL PROVISIONS.This Agreement is governed by the laws of Finland. All disputes arising from orrelating to this Agreement shall be settled by a single arbitrator appointed bythe Central Chamber of Commerce of Finland. The arbitration procedure shalltake place in Helsinki, Finland in the English language. If any part of thisAgreement is found void and unenforceable, it will not affect the validity of thebalance of the Agreement, which shall remain valid and enforceable accordingto its terms. This Agreement may only be modified in writing by an authorizedofficer 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

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