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Nokia Open Source License (NOKOS License)
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Version 1.0a 1. DEFINITIONS.
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"Affiliates" of a party shall mean an entity
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a) which is directly or indirectly controlling such party;
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b) which is under the same direct or indirect ownership or control as such
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party; or
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c) which is directly or indirectly owned or controlled by such party.
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For these purposes, an entity shall be treated as being controlled by another
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if that other entity has fifty percent (50%) or more of the votes in such
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entity, is able to direct its affairs and/or to control the composition of
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its board of directors or equivalent body.
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"Commercial Use" shall mean distribution or otherwise making the Covered Software
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available to a third party.
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"Contributor" shall mean each entity that creates or contributes to the creation
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of Modifications.
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"Contributor Version" shall mean in case of any Contributor the combination
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of the Original Software, prior Modifications used by a Contributor, and the
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Modifications made by that particular Contributor and in case of Nokia in
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addition the Original Software in any form, including the form as Exceutable.
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"Covered Software" shall mean the Original Software or Modifications or the
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combination of the Original Software and Modifications, in each case including
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portions thereof.
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"Electronic Distribution Mechanism" shall mean a mechanism generally accepted
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in the software development community for the electronic transfer of data.
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"Executable" shall mean Covered Software in any form other than Source Code.
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"Nokia" shall mean Nokia Corporation and its Affiliates.
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"Larger Work" shall mean a work, which combines Covered Software or portions
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thereof with code not governed by the terms of this License.
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"License" shall mean this document.
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"Licensable" shall mean having the right to grant, to the maximum extent possible,
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whether at the time of the initial grant or subsequently acquired, any and
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all of the rights conveyed herein.
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"Modifications" shall mean any addition to or deletion from the substance
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or structure of either the Original Software or any previous Modifications.
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When Covered Software is released as a series of files, a Modification is:
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a) Any addition to or deletion from the contents of a file containing Original
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Software or previous Modifications.
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b) Any new file that contains any part of the Original Software or previous
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Modifications.
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"Original Software" shall mean the Source Code of computer software code which
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is described in the Source Code notice required by Exhibit A as Original Software,
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and which, at the time of its release under this License is not already Covered
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Software governed by this License.
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"Patent Claims" shall mean any patent claim(s), now owned or hereafter acquired,
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including without limitation, method, process, and apparatus claims, in any
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patent Licensable by grantor.
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"Source Code" shall mean the preferred form of the Covered Software for making
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modifications to it, including all modules it contains, plus any associated
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interface definition files, scripts used to control compilation and installation
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of an Executable, or source code differential comparisons against either the
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Original Software or another well known, available Covered Software of the
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Contributor's choice. The Source Code can be in a compressed or archival form,
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provided the appropriate decompression or de-archiving software is widely
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available for no charge.
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"You" (or "Your") shall mean an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License or a future version
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of this License issued under Section 6.1. For legal entities, "You" includes
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Affiliates of such entity. 2. SOURCE CODE LICENSE.
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2.1 Nokia Grant.
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Subject to the terms of this License, Nokia hereby grants You a world-wide,
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royalty-free, non-exclusive license, subject to third party intellectual property
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claims:
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a) under copyrights Licensable by Nokia to use, reproduce, modify, display,
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perform, sublicense and distribute the Original Software (or portions thereof)
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with or without Modifications, and/or as part of a Larger Work;
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b) and under Patents Claims necessarily infringed by the making, using or
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selling of Original Software, to make, have made, use, practice, sell, and
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offer for sale, and/or otherwise dispose of the Original Software (or portions
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thereof).
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c) The licenses granted in this Section 2.1(a) and (b) are effective on the
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date Nokia first distributes Original Software under the terms of this License.
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d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1)
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for code that You delete from the Original Software; 2) separate from the
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Original Software; or 3) for infringements caused by: i) the modification
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of the Original Software or ii) the combination of the Original Software with
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other software or devices.
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2.2 Contributor Grant.
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Subject to the terms of this License and subject to third party intellectual
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property claims, each Contributor hereby grants You a world-wide, royalty-free,
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non-exclusive license
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a) under copyrights Licensable by Contributor, to use, reproduce, modify,
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display, perform, sublicense and distribute the Modifications created by such
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Contributor (or portions thereof) either on an unmodified basis, with other
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Modifications, as Covered Software and/or as part of a Larger Work; and
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b) under Patent Claims necessarily infringed by the making, using, or selling
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of Modifications made by that Contributor either alone and/or in combination
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with its Contributor Version (or portions of such combination), to make, use,
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sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications
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made by that Contributor (or portions thereof); and 2) the combination of
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Modifications made by that Contributor with its Contributor Version (or portions
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of such combination).
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c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
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date Contributor first makes Commercial Use of the Covered Software.
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d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1)
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for any code that Contributor has deleted from the Contributor Version; 2)
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separate from the Contributor Version; 3) for infringements caused by: i)
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third party modifications of Contributor Version or ii) the combination of
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Modifications made by that Contributor with other software (except as part
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of the Contributor Version) or other devices; or 4) under Patent Claims infringed
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by Covered Software in the absence of Modifications made by that Contributor.
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3. DISTRIBUTION OBLIGATIONS.
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3.1 Application of License.
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The Modifications which You create or to which You contribute are governed
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by the terms of this License, including without limitation Section 2.2. The
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Source Code version of Covered Software may be distributed only under the
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terms of this License or a future version of this License released under Section
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6.1, and You must include a copy of this License with every copy of the Source
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Code You distribute. You may not offer or impose any terms on any Source Code
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version that alters or restricts the applicable version of this License or
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the recipients' rights hereunder. However, You may include an additional document
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offering the additional rights described in Section 3.5.
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3.2 Availability of Source Code.
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Any Modification which You create or to which You contribute must be made
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available in Source Code form under the terms of this License either on the
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same media as an Executable version or via an accepted Electronic Distribution
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Mechanism to anyone to whom you made an Executable version available; and
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if made available via Electronic Distribution Mechanism, must remain available
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for at least twelve (12) months after the date it initially became available,
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or at least six (6) months after a subsequent version of that particular Modification
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has been made available to such recipients. You are responsible for ensuring
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that the Source Code version remains available even if the Electronic Distribution
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Mechanism is maintained by a third party.
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3.3 Description of Modifications.
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You must cause all Covered Software to which You contribute to contain a file
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documenting the changes You made to create that Covered Software and the date
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of any change. You must include a prominent statement that the Modification
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is derived, directly or indirectly, from Original Software provided by Nokia
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and including the name of Nokia in (a) the Source Code, and (b) in any notice
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in an Executable version or related documentation in which You describe the
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origin or ownership of the Covered Software.
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3.4 Intellectual Property Matters
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(a) Third Party Claims. If Contributor has knowledge that a license under
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a third party's intellectual property rights is required to exercise the rights
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granted by such Contributor under Sections 2.1 or 2.2, Contributor must include
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a text file with the Source Code distribution titled "LEGAL" which describes
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the claim and the party making the claim in sufficient detail that a recipient
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will know whom to contact. If Contributor obtains such knowledge after the
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Modification is made available as described in Section 3.2, Contributor shall
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promptly modify the LEGAL file in all copies Contributor makes available thereafter
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and shall take other steps (such as notifying appropriate mailing lists or
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newsgroups) reasonably calculated to inform those who received the Covered
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Software that new knowledge has been obtained.
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(b) Contributor APIs. If Contributor's Modifications include an application
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programming interface and Contributor has knowledge of patent licenses which
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are reasonably necessary to implement that API, Contributor must also include
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this information in the LEGAL file.
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(c) Representations. Contributor represents that, except as disclosed pursuant
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to Section 3.4(a) above, Contributor believes that Contributor's Modifications
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are Contributor's original creation(s) and/or Contributor has sufficient rights
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to grant the rights conveyed by this License.
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3.5 Required Notices.
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You must duplicate the notice in Exhibit A in each file of the Source Code.
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If it is not possible to put such notice in a particular Source Code file
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due to its structure, then You must include such notice in a location (such
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as a relevant directory) where a user would be likely to look for such a notice.
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If You created one or more Modification(s) You may add your name as a Contributor
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to the notice described in Exhibit A. You must also duplicate this License
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in any documentation for the Source Code where You describe recipients' rights
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or ownership rights relating to Covered Software. You may choose to offer,
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and to charge a fee for, warranty, support, indemnity or liability obligations
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to one or more recipients of Covered Software. However, You may do so only
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on Your own behalf, and not on behalf of Nokia or any Contributor. You must
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make it absolutely clear that any such warranty, support, indemnity or liability
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obligation is offered by You alone, and You hereby agree to indemnify Nokia
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and every Contributor for any liability incurred by Nokia or such Contributor
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as a result of warranty, support, indemnity or liability terms You offer.
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3.6 Distribution of Executable Versions.
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You may distribute Covered Software in Executable form only if the requirements
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of Section 3.1-3.5 have been met for that Covered Software, and if You include
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a notice stating that the Source Code version of the Covered Software is available
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under the terms of this License, including a description of how and where
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You have fulfilled the obligations of Section 3.2. The notice must be conspicuously
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included in any notice in an Executable version, related documentation or
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collateral in which You describe recipients' rights relating to the Covered
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Software. You may distribute the Executable version of Covered Software or
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ownership rights under a license of Your choice, which may contain terms different
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from this License, provided that You are in compliance with the terms of this
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License and that the license for the Executable version does not attempt to
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limit or alter the recipient's rights in the Source Code version from the
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rights set forth in this License. If You distribute the Executable version
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under a different license You must make it absolutely clear that any terms
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which differ from this License are offered by You alone, not by Nokia or any
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Contributor. You hereby agree to indemnify Nokia and every Contributor for
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any liability incurred by Nokia or such Contributor as a result of any such
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terms You offer.
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3.7 Larger Works.
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You may create a Larger Work by combining Covered Software with other software
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not governed by the terms of this License and distribute the Larger Work as
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a single product. In such a case, You must make sure the requirements of this
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License are fulfilled for the Covered Software. 4. INABILITY TO COMPLY DUE
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TO STATUTE OR REGULATION.
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Software due to statute, judicial
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order, or regulation then You must: (a) comply with the terms of this License
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to the maximum extent possible; and (b) describe the limitations and the code
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they affect. Such description must be included in the LEGAL file described
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in Section 3.4 and must be included with all distributions of the Source Code.
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Except to the extent prohibited by statute or regulation, such description
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must be sufficiently detailed for a recipient of ordinary skill to be able
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to understand it. 5. APPLICATION OF THIS LICENSE.
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This License applies to code to which Nokia has attached the notice in Exhibit
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A and to related Covered Software. 6. VERSIONS OF THE LICENSE.
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6.1 New Versions.
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Nokia may publish revised and/or new versions of the License from time to
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time. Each version will be given a distinguishing version number.
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6.2 Effect of New Versions.
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Once Covered Software has been published under a particular version of the
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License, You may always continue to use it under the terms of that version.
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You may also choose to use such Covered Software under the terms of any subsequent
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version of the License published by Nokia. No one other than Nokia has the
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right to modify the terms applicable to Covered Software created under this
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License. 7. DISCLAIMER OF WARRANTY.
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COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
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WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
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WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT
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FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
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AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE
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PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS LICENSORS OR AFFILIATES
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OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR
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OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
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THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
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UNDER THIS DISCLAIMER. 8. TERMINATION.
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8.1 This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within
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30 days of becoming aware of the breach. All sublicenses to the Covered Software
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which are properly granted shall survive any termination of this License.
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Provisions which, by their nature, must remain in effect beyond the termination
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of this License shall survive.
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8.2 If You initiate litigation by asserting a patent infringement claim (excluding
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declatory judgment actions) against Nokia or a Contributor (Nokia or Contributor
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against whom You file such action is referred to as "Participant") alleging
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that:
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a) such Participant's Contributor Version directly or indirectly infringes
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any patent, then any and all rights granted by such Participant to You under
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Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
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terminate prospectively, unless if within 60 days after receipt of notice
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You either: (i) agree in writing to pay Participant a mutually agreeable reasonable
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royalty for Your past and future use of Modifications made by such Participant,
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or (ii) withdraw Your litigation claim with respect to the Contributor Version
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against such Participant. If within 60 days of notice, a reasonable royalty
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and payment arrangement are not mutually agreed upon in writing by the parties
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or the litigation claim is not withdrawn, the rights granted by Participant
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to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
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of the 60 day notice period specified above.
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b) any software, hardware, or device, other than such Participant's Contributor
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Version, directly or indirectly infringes any patent, then any rights granted
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to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
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as of the date You first made, used, sold, distributed, or had made, Modifications
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made by that Participant.
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8.3 If You assert a patent infringement claim against Participant alleging
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that such Participant's Contributor Version directly or indirectly infringes
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any patent where such claim is resolved (such as by license or settlement)
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prior to the initiation of patent infringement litigation, then the reasonable
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value of the licenses granted by such Participant under Sections 2.1 or 2.2
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shall be taken into account in determining the amount or value of any payment
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or license.
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8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user
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license agreements (excluding distributors and resellers) which have been
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validly granted by You or any distributor hereunder prior to termination shall
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survive termination. 9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, NOKIA, ANY OTHER CONTRIBUTOR,
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OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES,
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BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
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DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
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GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED
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OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
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APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S
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NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS
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DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
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BUT MAY ALLOW LIABILITY TO BE LIMITED; IN SUCH CASES, A PARTY's, ITS EMPLOYEES,
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LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50. Nothing contained
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in this License shall prejudice the statutory rights of any party dealing
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as a consumer. 10. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter hereof.
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All rights in the Covered Software not expressly granted under this License
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are reserved. Nothing in this License shall grant You any rights to use any
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of the trademarks of Nokia or any of its Affiliates, even if any of such trademarks
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are included in any part of Covered Software and/or documentation to it.
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This License is governed by the laws of Finland excluding its conflict-of-law
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provisions. All disputes arising from or relating to this Agreement shall
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be settled by a single arbitrator appointed by the Central Chamber of Commerce
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of Finland. The arbitration procedure shall take place in Helsinki, Finland
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in the English language. If any part of this Agreement is found void and unenforceable,
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it will not affect the validity of the balance of the Agreement, which shall
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remain valid and enforceable according to its terms. 11. RESPONSIBILITY FOR
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CLAIMS.
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As between Nokia and the Contributors, each party is responsible for claims
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and damages arising, directly or indirectly, out of its utilization of rights
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under this License and You agree to work with Nokia and Contributors to distribute
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such responsibility on an equitable basis. Nothing herein is intended or shall
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be deemed to constitute any admission of liability. EXHIBIT A
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The contents of this file are subject to the NOKOS License Version 1.0 (the
|
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"License"); you may not use this file except in compliance with the License.
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Software distributed under the License is distributed on an "AS IS" basis,
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WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
|
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the specific language governing rights and limitations under the License.
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The Original Software is
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______________________________________.
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Copyright © <year> Nokia and others. All Rights Reserved.
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Contributor(s): ______________________________________.
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Reference in New Issue
Block a user