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This Harmattan API Showcase Application License Agreement (“Agreement”) is a legal agreement between Nokia Corporation ("Nokia"), with its registered office at Keilalahdentie 4, 02150 Espoo, Finland and you (“Licensee”) for the Harmattan API Showcase application (“Application”). 1. OWNERSHIP The Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Application is licensed, not sold. 2. VALIDITY OF THE AGREEMENT By installing, copying, or otherwise using the Application, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree to the terms of this Agreement, Licensee may not install, copy, or otherwise use the Application. Upon Licensee's acceptance of the terms and conditions of this Agreement, Nokia grants Licensee the right to use the Application in the manner provided below. 3. LICENSES Nokia grants to Licensee a non-exclusive, non-transferable, perpetual license to use, modify, copy and distribute code snippets from the Application in conjunction with use and distribution of applications for the Harmattan platform as licensed to Licensee by Nokia or one of its affiliates. You are also welcome to use ideas from the Application as a basis for creating your own applications using the Harmattan platform. Code snippets and ideas used in Licensee’s applications may be licensed under terms of Licensee’s own choosing. 4. NO WARRANTY EXCEPT AS SET FORTH ABOVE, THE APPLICATION IS LICENSED TO LICENSEE "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOKIA ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE APPLICATION. 5. Limitation of Liability IF, NOKIA'S WARRANTY DISCLAIMER NOTWITHSTANDING, NOKIA IS HELD LIABLE TO LICENSEE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, BASED ON THE APPLICATION, NOKIA'S ENTIRE LIABILITY TO LICENSEE AND LICENSEE'S EXCLUSIVE REMEDY SHALL BE, AT NOKIA'S OPTION, EITHER (A) RETURN OF THE PRICE LICENSEE PAID FOR THE APPLICATION, OR (B) REPAIR OR REPLACEMENT OF THE APPLICATION. NOKIA SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO LICENSEE BASED ON FAILURE OF THE APPLICATION IF THE FAILURE RESULTED FROM ACCIDENT, ABUSE OR MISAPPLICATION, NOR SHALL NOKIA UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS OR INTERRUPTION OF BUSINESS OR FOR LOSS OR CORRUPTION OF DATA. ANY AWARD OF DAMAGES FROM NOKIA TO LICENSEE SHALL NOT EXCEED THE TOTAL AMOUNT LICENSEE HAS PAID TO NOKIA IN CONNECTION WITH THIS AGREEMENT. 6. GOVERNING LAW AND LEGAL VENUE This Agreement shall be construed and interpreted in accordance with the laws of Finland, excluding its choice of law provisions. Any disputes arising out of or relating to this Agreement shall be resolved in arbitration under the Rules of Arbitration of the Chamber of Commerce of Helsinki, Finland. The arbitration tribunal shall consist of one (1), or if either Party so requires, of three (3), arbitrators. The award shall be final and binding and enforceable in any court of competent jurisdiction. The arbitration shall be held in Helsinki, Finland and the process shall be conducted in the English language. 7.NO IMPLIED LICENSE There are no implied licenses or other implied rights granted under this Agreement, and all rights, save for those expressly granted hereunder, shall remain with Nokia and its licensors. In addition, no licenses or immunities are granted to the combination of the Application and/or modified Application, as applicable, with any other software or hardware.
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