1 2Nokia Open Source License (NOKOS 3License) Version 1.0a 4 1. DEFINITIONS. 5 6"Affiliates" of a party shall mean an entity 7 8a) which is directly or indirectly controlling such party; 9 10b) which is under the same direct or indirect ownership or control 11as such party; or 12 13c) which is directly or indirectly owned or controlled by such party. 14 15For these purposes, an entity shall be treated as being controlled 16by another if that other entity has fifty percent (50%) or more of the 17votes in such entity, is able to direct its affairs and/or to control the 18composition of its board of directors or equivalent body. 19 20"Commercial Use" shall mean distribution or otherwise making 21the Covered Software available to a third party. 22 23``Contributor`` shall mean each entity that creates or contributes 24to the creation of Modifications. 25 26``Contributor Version`` shall mean in case of any Contributor 27the combination of the Original Software, prior Modifications used by a 28Contributor, and the Modifications made by that particular Contributor 29and in case of Nokia in addition the Original Software in any form, including 30the form as Exceutable. 31 32``Covered Software`` shall mean the Original Software or Modifications 33or the combination of the Original Software and Modifications, in each 34case including portions thereof. 35 36``Electronic Distribution Mechanism`` shall mean a mechanism 37generally accepted in the software development community for the electronic 38transfer of data. 39 40``Executable`` shall mean Covered Software in any form other 41than Source Code. 42 43``Nokia`` shall mean Nokia Corporation and its Affiliates. 44 45``Larger Work`` shall mean a work, which combines Covered Software 46or portions thereof with code not governed by the terms of this License. 47 48``License`` shall mean this document. 49 50"Licensable" shall mean having the right to grant, to the maximum 51extent possible, whether at the time of the initial grant or subsequently 52acquired, any and all of the rights conveyed herein. 53 54``Modifications`` shall mean any addition to or deletion from 55the substance or structure of either the Original Software or any previous 56Modifications. When Covered Software is released as a series of files, 57a Modification is: 58 59a) Any addition to or deletion from the contents of a file containing 60Original Software or previous Modifications. 61 62b) Any new file that contains any part of the Original Software or 63previous Modifications. 64 65``Original Software`` shall mean the Source Code of computer 66software code which is described in the Source Code notice required by 67Exhibit A as Original Software, and which, at the time of its release under 68this License is not already Covered Software governed by this License. 69 70"Patent Claims" shall mean any patent claim(s), now owned 71or hereafter acquired, including without limitation, method, process, and 72apparatus claims, in any patent Licensable by grantor. 73 74``Source Code`` shall mean the preferred form of the Covered 75Software for making modifications to it, including all modules it contains, 76plus any associated interface definition files, scripts used to control 77compilation and installation of an Executable, or source code differential 78comparisons against either the Original Software or another well known, 79available Covered Software of the Contributor`s choice. The Source Code 80can be in a compressed or archival form, provided the appropriate decompression 81or de-archiving software is widely available for no charge. 82 83"You`` (or "Your") shall mean an individual or a legal 84entity exercising rights under, and complying with all of the terms of, 85this License or a future version of this License issued under Section 6.1. 86For legal entities, "You`` includes Affiliates of such entity. 87 882. SOURCE CODE LICENSE. 89 902.1 Nokia Grant. 91 92Subject to the terms of this License, Nokia hereby grants You a world-wide, 93royalty-free, non-exclusive license, subject to third party intellectual 94property claims: 95 96a) under copyrights Licensable by Nokia to use, reproduce, modify, 97display, perform, sublicense and distribute the Original Software (or portions 98thereof) with or without Modifications, and/or as part of a Larger Work; 99 100b) and under Patents Claims necessarily infringed by the making, using 101or selling of Original Software, to make, have made, use, practice, sell, 102and offer for sale, and/or otherwise dispose of the Original Software (or 103portions thereof). 104 105c) The licenses granted in this Section 2.1(a) and (b) are effective 106on the date Nokia first distributes Original Software under the terms of 107this License. 108 109d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1101) for code that You delete from the Original Software; 2) separate from 111the Original Software; or 3) for infringements caused by: i) the modification 112of the Original Software or ii) the combination of the Original Software 113with other software or devices. 114 1152.2 Contributor Grant. 116 117Subject to the terms of this License and subject to third party intellectual 118property claims, each Contributor hereby grants You a world-wide, royalty-free, 119non-exclusive license 120 121a) under copyrights Licensable by Contributor, to use, reproduce, modify, 122display, perform, sublicense and distribute the Modifications created by 123such Contributor (or portions thereof) either on an unmodified basis, with 124other Modifications, as Covered Software and/or as part of a Larger Work; 125and 126 127b) under Patent Claims necessarily infringed by the making, using, 128or selling of Modifications made by that Contributor either alone and/or 129in combination with its Contributor Version (or portions of such combination), 130to make, use, sell, offer for sale, have made, and/or otherwise dispose 131of: 1) Modifications made by that Contributor (or portions thereof); and 1322) the combination of Modifications made by that Contributor with its Contributor 133Version (or portions of such combination). 134 135c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective 136on the date Contributor first makes Commercial Use of the Covered Software. 137 138d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1391) for any code that Contributor has deleted from the Contributor Version; 1402) separate from the Contributor Version; 3) for infringements caused by: 141i) third party modifications of Contributor Version or ii) the combination 142of Modifications made by that Contributor with other software (except as 143part of the Contributor Version) or other devices; or 4) under Patent Claims 144infringed by Covered Software in the absence of Modifications made by that 145Contributor. 146 1473. DISTRIBUTION OBLIGATIONS. 148 1493.1 Application of License. 150 151 152The Modifications which You create or to which You contribute are governed 153by the terms of this License, including without limitation Section 2.2. 154The Source Code version of Covered Software may be distributed only under 155the terms of this License or a future version of this License released 156under Section 6.1, and You must include a copy of this License with every 157copy of the Source Code You distribute. You may not offer or impose any 158terms on any Source Code version that alters or restricts the applicable 159version of this License or the recipients` rights hereunder. However, You 160may include an additional document offering the additional rights described 161in Section 3.5. 162 1633.2 Availability of Source Code. 164 165Any Modification which You create or to which You contribute must be 166made available in Source Code form under the terms of this License either 167on the same media as an Executable version or via an accepted Electronic 168Distribution Mechanism to anyone to whom you made an Executable version 169available; and if made available via Electronic Distribution Mechanism, 170must remain available for at least twelve (12) months after the date it 171initially became available, or at least six (6) months after a subsequent 172version of that particular Modification has been made available to such 173recipients. You are responsible for ensuring that the Source Code version 174remains available even if the Electronic Distribution Mechanism is maintained 175by a third party. 176 1773.3 Description of Modifications. 178 179You must cause all Covered Software to which You contribute to contain 180a file documenting the changes You made to create that Covered Software 181and the date of any change. You must include a prominent statement that 182the Modification is derived, directly or indirectly, from Original Software 183provided by Nokia and including the name of Nokia in (a) the Source Code, 184and (b) in any notice in an Executable version or related documentation 185in which You describe the origin or ownership of the Covered Software. 186 1873.4 Intellectual Property Matters 188 189(a) Third Party Claims. 190 191If Contributor has knowledge that a license under a third party`s intellectual 192property rights is required to exercise the rights granted by such Contributor 193under Sections 2.1 or 2.2, Contributor must include a text file with the 194Source Code distribution titled "LEGAL`` which describes the claim and 195the party making the claim in sufficient detail that a recipient will know 196whom to contact. If Contributor obtains such knowledge after the Modification 197is made available as described in Section 3.2, Contributor shall promptly 198modify the LEGAL file in all copies Contributor makes available thereafter 199and shall take other steps (such as notifying appropriate mailing lists 200or newsgroups) reasonably calculated to inform those who received the Covered 201Software that new knowledge has been obtained. 202 203(b) Contributor APIs. 204 205If Contributor`s Modifications include an application programming interface 206and Contributor has knowledge of patent licenses which are reasonably necessary 207to implement that API, Contributor must also include this information in 208the LEGAL file. 209 210(c) Representations. 211 212Contributor represents that, except as disclosed pursuant to Section 2133.4(a) above, Contributor believes that Contributor`s Modifications are 214Contributor`s original creation(s) and/or Contributor has sufficient rights 215to grant the rights conveyed by this License. 216 2173.5 Required Notices. 218 219You must duplicate the notice in Exhibit A in each file of the Source 220Code. If it is not possible to put such notice in a particular Source Code 221file due to its structure, then You must include such notice in a location 222(such as a relevant directory) where a user would be likely to look for 223such a notice. If You created one or more Modification(s) You may add your 224name as a Contributor to the notice described in Exhibit A. You must also 225duplicate this License in any documentation for the Source Code where You 226describe recipients` rights or ownership rights relating to Covered Software. 227You may choose to offer, and to charge a fee for, warranty, support, indemnity 228or liability obligations to one or more recipients of Covered Software. 229However, You may do so only on Your own behalf, and not on behalf of Nokia 230or any Contributor. You must make it absolutely clear that any such warranty, 231support, indemnity or liability obligation is offered by You alone, and 232You hereby agree to indemnify Nokia and every Contributor for any liability 233incurred by Nokia or such Contributor as a result of warranty, support, 234indemnity or liability terms You offer. 235 2363.6 Distribution of Executable Versions. 237 238You may distribute Covered Software in Executable form only if the 239requirements of Section 3.1-3.5 have been met for that Covered Software, 240and if You include a notice stating that the Source Code version of the 241Covered Software is available under the terms of this License, including 242a description of how and where You have fulfilled the obligations of Section 2433.2. The notice must be conspicuously included in any notice in an Executable 244version, related documentation or collateral in which You describe recipients` 245rights relating to the Covered Software. You may distribute the Executable 246version of Covered Software or ownership rights under a license of Your 247choice, which may contain terms different from this License, provided that 248You are in compliance with the terms of this License and that the license 249for the Executable version does not attempt to limit or alter the recipient`s 250rights in the Source Code version from the rights set forth in this License. 251If You distribute the Executable version under a different license You 252must make it absolutely clear that any terms which differ from this License 253are offered by You alone, not by Nokia or any Contributor. You hereby agree 254to indemnify Nokia and every Contributor for any liability incurred by 255Nokia or such Contributor as a result of any such terms You offer. 256 2573.7 Larger Works. 258 259You may create a Larger Work by combining Covered Software with other 260software not governed by the terms of this License and distribute the Larger 261Work as a single product. In such a case, You must make sure the requirements 262of this License are fulfilled for the Covered Software. 263 2644. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION. 265 266If it is impossible for You to comply with any of the terms of this 267License with respect to some or all of the Covered Software due to statute, 268judicial order, or regulation then You must: (a) comply with the terms 269of this License to the maximum extent possible; and (b) describe the limitations 270and the code they affect. Such description must be included in the LEGAL 271file described in Section 3.4 and must be included with all distributions 272of the Source Code. 273 274Except to the extent prohibited by statute or regulation, such description 275must be sufficiently detailed for a recipient of ordinary skill to be able 276to understand it. 277 2785. APPLICATION OF THIS LICENSE. 279 280This License applies to code to which Nokia has attached the notice 281in Exhibit A and to related Covered Software. 282 2836. VERSIONS OF THE LICENSE. 284 285 2866.1 New Versions. 287 288Nokia may publish revised and/or new versions of the License from time 289to time. Each version will be given a distinguishing version number. 290 2916.2 Effect of New Versions. 292 293Once Covered Software has been published under a particular version 294of the License, You may always continue to use it under the terms of that 295version. You may also choose to use such Covered Software under the terms 296of any subsequent version of the License published by Nokia. No one other 297than Nokia has the right to modify the terms applicable to Covered Software 298created under this License. 299 3007. DISCLAIMER OF WARRANTY. 301 302COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS`` BASIS, 303WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT 304LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, 305FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE 306QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY 307COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS LICENSORS 308OR AFFILIATES OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY 309SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES 310AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED 311HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 312 3138. TERMINATION. 314 3158.1 This License and the rights granted hereunder will terminate automatically 316if You fail to comply with terms herein and fail to cure such breach within 31730 days of becoming aware of the breach. All sublicenses to the Covered 318Software which are properly granted shall survive any termination of this 319License. Provisions which, by their nature, must remain in effect beyond 320the termination of this License shall survive. 321 3228.2 If You initiate litigation by asserting a patent infringement claim 323(excluding declatory judgment actions) against Nokia or a Contributor (Nokia 324or Contributor against whom You file such action is referred to as "Participant") 325alleging that: 326 327a) such Participant`s Contributor Version directly or indirectly infringes 328any patent, then any and all rights granted by such Participant to You 329under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice 330from Participant terminate prospectively, unless if within 60 days after 331receipt of notice You either: (i) agree in writing to pay Participant a 332mutually agreeable reasonable royalty for Your past and future use of Modifications 333made by such Participant, or (ii) withdraw Your litigation claim with respect 334to the Contributor Version against such Participant. If within 60 days 335of notice, a reasonable royalty and payment arrangement are not mutually 336agreed upon in writing by the parties or the litigation claim is not withdrawn, 337the rights granted by Participant to You under Sections 2.1 and/or 2.2 338automatically terminate at the expiration of the 60 day notice period specified 339above. 340 341b) any software, hardware, or device, other than such Participant`s 342Contributor Version, directly or indirectly infringes any patent, then 343any rights granted to You by such Participant under Sections 2.1(b) and 3442.2(b) are revoked effective as of the date You first made, used, sold, 345distributed, or had made, Modifications made by that Participant. 346 3478.3 If You assert a patent infringement claim against Participant alleging 348that such Participant`s Contributor Version directly or indirectly infringes 349any patent where such claim is resolved (such as by license or settlement) 350prior to the initiation of patent infringement litigation, then the reasonable 351value of the licenses granted by such Participant under Sections 2.1 or 3522.2 shall be taken into account in determining the amount or value of any 353payment or license. 354 3558.4 In the event of termination under Sections 8.1 or 8.2 above, all 356end user license agreements (excluding distributors and resellers) which 357have been validly granted by You or any distributor hereunder prior to 358termination shall survive termination. 359 3609. LIMITATION OF LIABILITY. 361 362UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING 363NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, NOKIA, ANY OTHER CONTRIBUTOR, 364OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH 365PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, 366OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, 367DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, 368OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL 369HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION 370OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY 371RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS 372SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION 373OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUT MAY ALLOW LIABILITY TO BE LIMITED; 374IN SUCH CASES, A PARTY`s, ITS EMPLOYEES, LICENSORS OR AFFILIATES` LIABILITY 375SHALL BE LIMITED TO U.S. $50. Nothing contained in this License shall prejudice 376the statutory rights of any party dealing as a consumer. 377 37810. MISCELLANEOUS. 379 380This License represents the complete agreement concerning subject matter 381hereof. All rights in the Covered Software not expressly granted under 382this License are reserved. Nothing in this License shall grant You any 383rights to use any of the trademarks of Nokia or any of its Affiliates, 384even if any of such trademarks are included in any part of Covered Software 385and/or documentation to it. 386 387This License is governed by the laws of Finland excluding its conflict-of-law 388provisions. All disputes arising from or relating to this Agreement shall 389be settled by a single arbitrator appointed by the Central Chamber of Commerce 390of Finland. The arbitration procedure shall take place in Helsinki, Finland 391in the English language. If any part of this Agreement is found void and 392unenforceable, it will not affect the validity of the balance of the Agreement, 393which shall remain valid and enforceable according to its terms. 394 39511. RESPONSIBILITY FOR CLAIMS. 396 397As between Nokia and the Contributors, each party is responsible for 398claims and damages arising, directly or indirectly, out of its utilization 399of rights under this License and You agree to work with Nokia and Contributors 400to distribute such responsibility on an equitable basis. Nothing herein 401is intended or shall be deemed to constitute any admission of liability. 402 403 404 405EXHIBIT A 406 407The contents of this file are subject to the NOKOS License Version 1.0 408(the "License"); you may not use this file except in compliance with the 409License. 410 411Software distributed under the License is distributed on an "AS IS" 412basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See 413the License for the specific language governing rights and limitations 414under the License. 415 416The Original Software is 417 418______________________________________. 419 420Copyright © <year> Nokia and others. All Rights Reserved. 421 422Contributor(s): ______________________________________. 423 424