path: root/common/Nokia

Nokia Open Source License ("Nokia" or "NOKOS") 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 © <year> Nokia and others. All Rights Reserved.

Contributor(s): ______________________________________.