source: trunk/.LICENSE-EVALUATION-US@ 1041

Last change on this file since 1041 was 2, checked in by Dmitry A. Kuminov, 17 years ago

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1EVALUATION LICENSE AGREEMENT
2Agreement version 2.0
3
4This Evaluation License Agreement ("Agreement") is a legal agreement
5between Nokia, Inc. ("Nokia"), with its registered office at 6021
6Connection Drive, Irving, TX 75039, U.S.A. and you (either an
7individual or a legal entity) ("Licensee") for the Licensed Software
8(as defined below).
9
101. DEFINITIONS
11
12"Affiliate" of a Party shall mean an entity (i) which is directly or
13indirectly controlling such Party; (ii) which is under the same direct
14or indirect ownership or control as such Party; or (iii) which is
15directly or indirectly owned or controlled by such Party. For these
16purposes, an entity shall be treated as being controlled by another if
17that other entity has fifty percent (50 %) or more of the votes in
18such entity, is able to direct its affairs and/or to control the
19composition of its board of directors or equivalent body.
20
21"Term" shall mean the period of time thirty (30) days from the later
22of (a) the Effective Date; or (b) the date the Licensed Software was
23initially delivered to Licensee by Nokia. If no specific Effective
24Date is set forth in the Agreement, the Effective Date shall be deemed
25to be the date the Licensed Software was initially delivered to
26Licensee.
27
28"Licensed Software" shall mean the computer software, "online" or
29electronic documentation, associated media and printed materials,
30including the source code, example programs and the documentation
31delivered by Nokia to Licensee in conjunction with this Agreement.
32
33"Party or Parties" shall mean Licensee and/or Nokia.
34
35
362. OWNERSHIP
37
38The Licensed Software is protected by copyright laws and international
39copyright treaties, as well as other intellectual property laws and
40treaties. The Licensed Software is licensed, not sold.
41
42If Licensee provides any findings, proposals, suggestions or other
43feedback ("Feedback") to Nokia regarding the Licensed Software, Nokia
44shall own all right, title and interest including the intellectual
45property rights in and to such Feedback, excluding however any
46existing patent rights of Licensee. To the extent Licensee owns or
47controls any patents for such Feedback Licensee hereby grants to Nokia
48and its Affiliates, a worldwide, perpetual, non-transferable,
49sublicensable, royalty-free license to (i) use, copy and modify
50Feedback and to create derivative works thereof, (ii) to make (and
51have made), use, import, sell, offer for sale, lease, dispose, offer
52for disposal or otherwise exploit any products or services of Nokia
53containing Feedback,, and (iii) sublicense all the foregoing rights to
54third party licensees and customers of Nokia and/or its Affiliates.
55
56
573. VALIDITY OF THE AGREEMENT
58
59By installing, copying, or otherwise using the Licensed Software,
60Licensee agrees to be bound by the terms of this Agreement. If
61Licensee does not agree to the terms of this Agreement, Licensee may
62not install, copy, or otherwise use the Licensed Software. Upon
63Licensee's acceptance of the terms and conditions of this Agreement,
64Nokia grants Licensee the right to use the Licensed Software in the
65manner provided below.
66
67
684. LICENSES
69
704.1.Using and Copying
71
72Nokia grants to Licensee a non-exclusive, non-transferable,
73time-limited license to use and copy the Licensed Software for sole
74purpose of evaluating the Licensed Software during the Term.
75
76Licensee may install copies of the Licensed Software on an unlimited
77number of computers provided that (a) if an individual, only such
78individual; or (b) if a legal entity only its employees; use the
79Licensed Software for the authorized purposes.
80
814.2. No Distribution or Modifications
82
83Licensee may not disclose, modify, sell, market, commercialise,
84distribute, loan, rent, lease, or license the Licensed Software or any
85copy of it or use the Licensed Software for any purpose that is not