Nokia Open Source License (NOKOS License) 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 Nokia D211 Software for Linux.
______________________________________. 

Copyright  2002 Nokia and others. All Rights Reserved. 

Contributor(s): 
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