Nokia N900 User Giude

Also see for N900: Datasheet User guide User guide User guide User guide

Contents

The Service is provided on “AS IS” and “AS AVAILABLE” basis. Nokia does not warrant thatthe Service will be uninterrupted or error or virus-free. No warranty of any kind, eitherexpress or implied, including but not limited to warranties of title or non-infringementor implied warranties of merchantability or fitness for a particular purpose, is made inrelation to the availability, accuracy, reliability, information or content of the Service. Youexpressly agree and acknowledge that the use of the Service is at your sole risk and thatyou may be exposed to content from various sources.Except for liability for death or personal injury caused by gross negligence or intentionalmisconduct, Nokia shall not be liable for any direct, indirect, incidental, punitive orconsequential damages caused by the use or inability to use the Service.12. IndemnificationYou agree to defend, indemnify and hold harmless Nokia from and against any and allthird party claims and all liabilities, assessments, losses, costs or damages resulting fromor arising out of i) your breach of the Terms, ii) your infringement or violation of anyintellectual property, other rights or privacy of a third party, iii) misuse of the Service bya third party where such misuse was made available by your failure to take reasonablemeasures to protect your username and password against misuse.13. Miscellaneous13.1 Choice of Law and ArbitrationExcept where prohibited by applicable law or provided otherwise herein, the Terms shallbe governed by the laws of Finland without regard to its conflict of law provisions.If you are a US resident the following paragraph shall apply: The Terms shall be governedby the laws of New York without regard to its conflicts of law provisions. Any disputerelating to these Terms or the Service shall be submitted to binding arbitration inWestchester County, New York within eighteen (18) months of the date the facts givingrise to the suit were known, or should have been known, by the complainant, except thatNokia may seek injunctive or other relief if you have violated or threatened to violate anyintellectual property rights. All matters relating to arbitration shall be governed by theFederal Arbitration Act (9 U.S.C. §1 et. seq.). Arbitration shall be conducted by a singlearbitrator under the then prevailing Wireless Arbitration Rules of the AmericanArbitration Association (“AAA”), Each party must submit any claim which wouldconstitute a compulsory counterclaim in litigation or such claim shall be barred. No awardof exemplary, special, consequential or punitive damages shall be permitted. The losingparty, as determined by the arbitrator, shall pay the arbitration fees. The arbitrator’saward shall be binding and may be entered as a judgment and enforceable in any courtof competent jurisdiction. Arbitration shall be conducted on an individual, not class-widebasis, and no arbitration shall be joined with an arbitration involving any other personor entity.13.2 ValidityThe Terms shall neither exclude nor limit any of your mandatory rights in your countryof residence. If a provision of the Terms is found to be invalid, the validity of the remainingprovisions shall not be affected and the invalid provision shall be replaced with a validprovision that comes closest to the result and purpose of the Terms. If there is any conflictbetween these Ovi Service Terms and the Privacy Policy, the provisions of these Ovi ServiceTerms shall prevail. The provisions of the Terms that are intended to survive terminationshall remain valid after any termination.13.3 Changes in TermsNokia reserves the right to modify the Terms at any time without prior notice. If the Termsare changed in a material, adverse way, Nokia will provide a separate prior noticeadvising of such change.You are responsible for regularly reviewing the Terms. Your continued use of the Serviceshall constitute your consent to any changes and modifications.13.4 Links to Third Party Sites and ContentFor your easy accessibility Nokia may include links to sites on the Internet that are ownedor operated by third parties and that are not part of the Service. Upon following a link tosuch a third-party site, you shall review and agree to that site’s rules of use before usingsuch site.You agree that Nokia has no control over the content of third-party sites and cannotassume any responsibility for services provided or material created or published by suchProduct and safety information 135© 2010 Nokia. All rights reserved.