Please read this Agreement carefully before accessing, downloading or using any part of the Nokia Location Platform. By accessing, downloading, installing, using or clicking on the "Accept" button while downloading, installing and/or using the Service, You agree to the terms and conditions of this Agreement.
This Agreement describes the rights and responsibilities of You and Nokia in relation to the use of the NLP. It explains how You are allowed to use the NLP and what possibilities you have when developing applications what make use of the NLP. It also explains how you are not allowed to use the NLP, what you have to keep in mind and what you need to implement when using the NLP.
Even though the basic rules are explained in this text, other terms or product requirements, for example technical documentation or business models may be provided to You for certain Services offered by the NLP. Those additional terms and requirements may become part of your agreement with us if You use those Services.
For an overview of the NLP, please visit www.developer.nokia.com/maps.
This Developer Agreement for Use of Nokia Location Platform (the “Agreement”) and any additional terms and information provided with the Service govern Your use of the Service and constitute an agreement between You and Navteq Europe B.V. including its affiliates and suppliers, and specifically excluding Nokia Corporation, Nokia Siemens Networks BV or Nokia Inc. (collectively “Nokia”).
If the Service provided to You was included in a separate offering by Nokia or an authorized 3rd party, for example within a software development kit or a 3rd party distributor offering (“Separate Offering”), such Nokia or 3rd party terms may apply in addition to this Agreement. For clarity, if the Service is part of such Separate Offering, Your use of the Separate Offering constitutes your consent to this Agreement.
This Agreement and the abovementioned additional terms and information are together referred to as the “Terms”, as applicable.
You are not allowed to use the Service if You do not agree to this Agreement and any Terms respectively.
“Application” means a software application which uses the NLP.
“Content” means the content provided by the NLP to be used within Your Applications, including but not limited to map data, traffic information, search results and places information.
“End-User” means any entity or person who receives or uses an authorized copy of all or any portion of an Application that incorporates the Services or information contained therein or derived therefrom for personal use with no right to copy, sublicense or loan the same.
“Feature” means certain features, Content and functionalities provided through NLP Services, such as map rendering, positioning and routing.
“Nokia Location Platform” or “NLP” means Nokia’s commercially available location-based services platform providing the Service.
“NLP API(s)” mean the application programming interface(s) of the NLP provided by Nokia for use by You in connection with Your Application including software, documentation, sample code, tools, libraries and other materials as made available by Nokia from time to time.
“Service(s)” means the service, software, NLP APIs, Content and any related materials offered by Nokia that enables You to use the NLP and Features thereof.
“Transaction Limit(s)” means the number of requests by Your Application to the NLP for providing the Features to End-Users as further specified in the technical documentation or license options for the respective business models provided by Nokia (or by an authorized 3rd party as part of a Separate Offering) to You.
“You” or “Your” means the person(s) or entity using the Service and NLP APIs or otherwise exercising rights under this Agreement. If you are accepting this Agreement on behalf of your company, organization or other entity, “You” or “Your” refers to your company, organization or other entity and its employees and agents.
You must be legally competent to execute this Agreement and have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization or other entity, that You have the right and authority to legally bind Your company, organization or other entity to the terms and obligations of this Agreement.
Unless you receive access to the Service as part of a Separate Offering, You have to choose one of the license options and business models for Your use of the Services made available under www.developer.nokia.com/maps. There may be an evaluation license option for internal testing use available and other license options which allow for commercial use and distribution of the Service.
If You do not register for the Service with Nokia or a 3rd party distributor pursuant to the then-standard process(es), Your right to use the Service is limited to internal evaluation and testing of Your Application. Unless otherwise set forth in terms applicable to a Separate Offering, the Service will automatically disable itself or your access may be terminated or restricted if your Application exceeds the Transaction Limits for the Service applicable to your registration.
If registration is required, You agree to provide truthful and complete information when registering for the Service and to keep that information updated. Providing misleading information about Your identity is forbidden.
You may terminate Your registration(s) if You no longer wish to use the Service. After termination, You may not access the Service. Nokia may terminate Your registration(s) or restrict Your access to certain parts of the Service if there is an indication that You have breached this Agreement.
You may terminate this Agreement at any time by ceasing use of the Service and permanently uninstalling and/or deleting, at Your own costs, all materials provided by Nokia in connection with the Service. All Your rights automatically and immediately terminate without notice from Nokia if You fail to comply with any provision of these Terms. Upon termination of Your registration(s) for any reason, You must immediately stop using the Service and uninstall and/or delete, at Your own cost, all software, code, documentation, and all other related materials provided by Nokia in connection with the Service, and all backup copies of such materials.
If You elect to register for the Service (at https://api.developer.nokia.com/ovi-api or in connection with a Separate Offering), Nokia or a 3rd party distributor may provide you with a token and/or developer key(s) that will enable You to create an Application that uses the NLP API(s) and distribute such Application under the terms of this Agreement.
The number of requests submitted by Your Application to the Service may be subject to certain Transaction Limits as updated from time to time by Nokia and as available under www.developer.nokia.com/maps.
You are required to use a unique token and/or developer key for each Application.
The Nokia Privacy Policy ( www.nokia.com/privacy ) governs the use of Your personal data.
Subject to the restrictions set forth in the Terms, Nokia grants You a non-exclusive, non-transferable, non-sublicensable worldwide, limited license during the term to (i) use the NLP APIs solely for the purpose of accessing the Services as delivered by Nokia to develop Applications and (ii) to distribute or otherwise make accessible to End-Users, without further rights of sublicensing, the Services to the extent incorporated in Applications developed hereunder.
Except as permitted in a Separate Offering, You may not distribute in any manner content contributed by End Users (“UGC”) which is collected using the NLP APIs, including, but not limited to corrections to the content provided in connection with NLP. The foregoing shall not be construed to restrict End Users from publishing UGC derived from the use of the Services of NLP in an Application and displaying such UGC to other End Users of such Application. By submitting, posting or displaying UGC through the Services, You and your End Users grant Nokia an unlimited, world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the UGC to incorporate the UGC into other works, and to grant similar sublicenses, all free from any restrictions.
Nothing in this Agreement or otherwise prevents Nokia from developing, distributing and/or making use of any application that is directly or indirectly competing with Your Application.
As a condition to using the Service, You hereby agree that:
(i) You will not use the Service in any manner or for any purpose that violates this Agreement or any applicable law or regulation, including without limitation, any intellectual property or other proprietary rights, any right of any person, rights of privacy, or rights of personality;
(ii) You will not use the Service by making modifications in a manner that materially reduce, impair or otherwise negatively impact the Service, other users, servers or networks by for example distributing or posting spam, unreasonably large files, chain letters, pyramid schemes, any malicious code, viruses or any other technologies or content;
(iii) You will not use the Service in connection with any unlawful, offensive, abusive, obscene, pornographic, harassing, libelous or otherwise inappropriate content or material;
(iv) You will not remove or obscure any copyright or trademark notices or other similar notices or markings or legends from the Service whether such notices, markings, legends or other branding originate from Nokia or a third party;
(v) Notwithstanding anything to the contrary contained herein, You may not (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except and only to the extent permitted by applicable mandatory law; (b) modify or create derivative works of the Service, except and only to the extent permitted by Nokia; or (c) distribute, communicate to the public, export, re-export, sublicense, rent, loan, lease, disclose, sell, market, commercialise, re-license, host, or otherwise transfer or make available to any third party (including without limitation any affiliates and subcontractors) the Service and (or any portions thereof); and
(vi) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You in connection with the Service, Your Applications and Your related development efforts.
When using the Service, unless otherwise agreed in writing with Nokia, You hereby agree that You will not:
(i) use or incorporate the Service or any part thereof outside of Your Application;
(ii) use or incorporate, the Service or any part thereof in connection with any of Your Applications:
(a) which has a functionality of providing turn-by-turn navigation services, real time navigation or route guidance, unless otherwise permitted in Terms applicable to a Separate Offering;
(b) that is integrated in a vehicle system (including the device through which the Application is accessed). An Application is deemed to be integrated in a vehicle system if it is designed not to be readily moveable from the vehicle, has neither power source of its own nor its own display screen or is capable of any of the following: (a) receiving input from any non-Application sensors in the vehicle other than the vehicle headlight sensor for the purpose of controlling display dimming, (b) being connected to a display screen installed or present in the vehicle, or (c) of being manipulated (i.e. turned on or off, volume controlled, etc.) by controls that are part of any other device present in the vehicle, whether factory installed, aftermarket or otherwise;
(c) where any functionality of the Application is substantially similar to the mapping, navigation and other location-based products or services offered by Nokia or its affiliates, unless otherwise permitted in Terms applicable to a Separate Offering;
(d) which has the primary purpose of capturing or collecting End User data, unless otherwise permitted in Terms applicable to a Separate Offering;
(e) create mash-ups, enhanced services or similar, if such use will result (aa) in the creation of a competitive derivative location platform or content product, (bb) the degradation of the perceived quality of the NLP, or (cc) the incorrect attribution of NLP features or content to other companies. The foregoing does not prevent You from creating the services referred to in (d) if (aa)-(cc) do not apply; or
(f) create a “wrapper” or similar abstraction layer for the Service by means of Your Application or an API or service that You provide to third parties.
(iii) use, without Nokia’s prior written permission, the Service, in connection with any internal business Application the purpose of which is directly related to the operation of Your core business or the core business of Your End Users and where the users of such Application are Your employees or contractors (e.g. fleet management or asset tracking);
(iv) alter or manipulate the order or number of search, geo-coding and/or reverse geo-coding results delivered by or through any part of the Service or as part of the Application as applicable;
(v) alter, delete, obscure or otherwise change any Content delivered by or through any part of the Service or as part of the Application as applicable through the Service;
(vi) create an Application which displays any Content outside of the Service. For example, You may not use Content outside of the Nokia Maps service. You may not combine, mix or commingle any Content or Features with third party APIs, services or content similar to the Content or Features provided by the Service, for example with any third party map;
(vii) use the Service to exceed the Transaction Limits set by Nokia. The Transaction Limit is as set forth in the documentation and materials related to the license options and business models provided with the Service. Any programming methods or other actions intended to circumvent the Transaction Limits shall be considered a material breach of this Agreement;
(viii) access, or use the Service through any technology or means other than those provided by the Service;
(ix) use the Service in a manner that:
(a) enables You or any users of the Service or Applications to access the Service to complete mass downloads or bulk feeds of any Content or information provided by the Service, including but not limited to numerical latitude or longitude coordinates, search results and map data and imagery.
(b) use any robot or other similar application or tool to access or analyze the Service.
(x) distribute or pre-fetch, cache, or store any Content except through API functionality specifically intended for such use and except that You may store (a) references and IDs; and (b) limited amounts of Content temporarily solely for the purpose of testing Your Application;
(xi) use the Service to issue queries that are not in response to end user actions; and
(xii) use points of interests included in the Content to generate sales lead information in the form of ASCII or other text-formatted lists of category-specific business listings which (a) include complete mailing address for each business, and (b) contain a substantial portion of such listings for a particular county, city, state, or zip code region; provided, however, that the foregoing restriction shall not include any Application where mailing address or phone numbers are provided in a bit map graphical image or in another non-text format.
Your Application must comply with the following criteria and requirements, as may be modified by Nokia from time to time:
(i) Your Application will be developed and used in compliance with the this Agreement or any applicable law or regulation, including without limitation, any intellectual property or other proprietary rights, any right of any person, rights of privacy, or rights of personality;
(ii) Your Application will be developed in compliance with the documentation, technical guidelines and other requirements as Nokia may provide from time to time;
(iii) Your Application does not and will not, to the best of Your knowledge, violate, misappropriate, or infringe any copyright, patent, trademark, trade secret, rights of privacy or other proprietary or legal right of any third party or of Nokia;
(iv) Your Application must not contain nor transfer any viruses, files, code malware or any other malicious software programs that may harm or disrupt the normal operation of the device or network;
(v) Your Application must identify the nature and provider (including contact details) of the application, function as promoted and not contain any false, fraudulent or misleading information or representations;
(vi) You will clearly communicate to the users of Your Application (e.g. in the Application user interface) that the use of the Application creates data traffic;
(vii) You will provide users of the Application with easy settings to disable notifications;
(viii) You will not design or market the Application, or any part thereof, for use in or with systems, devices or products that are critical to health and/or security of other people and property (e.g. intended for surgical implant into the body or other applications intended to support or sustain life or for any aviation or nuclear reactor application) or any other application in which the software or its failure, malfunction or inadequacy could directly or indirectly cause or contribute to personal injury or death or significant property damage;
(ix) Your Application must not enable push notifications routed from other notification systems and servers provided by third parties;
(x) Your Application shall not send any push notifications without first obtaining user consent, (e.g. unsolicited messages, advertising, promotions, or direct marketing of any kind or for the purposes of phishing and spamming);
(xi) Your Application shall not send any messages for the purpose of phishing or spamming, or enable anonymous or prank phone calls or SMS/MMS messaging; and
(xii) if screen size constraints of your Application prevent Content from being displayed with search or detail results, You shall display a notice informing the end user that the Content cannot be displayed.
When Your Application uses the Service, You are required to display to the End Users of Your Application the Nokia Service Terms and Privacy Policy as delivered by the Service.
In case the Service does not deliver the Nokia Service Terms and Privacy Policy, You are required to provide them by means of a hyperlink (www.maps.nokia.com/services/terms) on the screen of Your Application or other appropriate means such as within the terms of Your Application, stating that the end users agree to these terms.
You agree that Your use of the Services and your Application will comply with the Nokia Privacy Policy (www.nokia.com/privacy-policy ).
If Your Application enables You or any party to gain access to information about users, including but not limited to personally identifiable information, non-personally identifiable usage information or location information (“Information”), You must provide users with notice about what Information is accessible and how such Information will be used or disclosed so that users may make informed decisions about whether or not to use Your Application.
Furthermore, You must make Your privacy policy regarding the use of Information publicly available.
Unless otherwise set forth in a Separate Offering, Nokia reserves the right, in its sole discretion, to implement advertising in the Service. Unless otherwise set forth in a Separate Offering or agreed in writing between You and Nokia, in the event that Nokia implements advertising, You agree not to remove, otherwise alter, tamper with, or obscure such advertising.
Unless otherwise set forth in a Separate Offering or agreed in writing between You and Nokia, You may not, directly or indirectly, create, display, serve, sell or otherwise provide advertising in our through the surface areas of Your Application which display map, satellite, street level or other imagery as well as routing, place and search information including any Content provided therein.
If you have chosen a licensing option that includes fees to be paid by You to Nokia for the Service, You agree to pay such fees as described to You in the applicable license option for the respective business models provided by Nokia to You. From time to time during the term of this Agreement and thereafter as long as Nokia is entitled to receive fees based on Your use of the Service and upon reasonable prior notice to You, You shall, at the request and cost of Nokia, allow access during normal business hours to relevant records by a firm of independent public accountants designated by Nokia, to the extent necessary to verify the basis for the fees and other payments to be paid to Nokia.
Unless otherwise set forth in Terms for an applicable Separate Offering, Your use of the Service may be or may become subject to fees. Nokia reserves the right to charge for the Service, except to the extent provided through a Separate Offering, and to change its fees from time to time at its sole discretion. Nokia will provide You with sixty (60) days’ advance notice if use of Service becomes subject to fees.
Unless otherwise set forth in Terms for an applicable Separate Offering, You agree to implement reporting mechanisms specified by Nokia (if any). For example, if so specified, You agree to provide Nokia with reports if Your Application detects its own location through the use of a sensor (including, but not limited to GPS, cell triangulation, WiFi or similar functionality) to display the location of the device on a map or to calculate a route.
Nokia has no obligation to furnish You with technical or other support unless separately agreed in writing between You and Nokia. In case of such support given by Nokia, You understand and agree that the support has been given on “as is” and “as available” basis and Nokia will have no obligations or liabilities related to such support.
Nokia reserves the right to modify or amend the terms and conditions of this Agreement at any time without prior notice. If the terms are changed in a material, adverse way, Nokia will provide a separate notice advising of such change. In order to continue using the Service, You must accept and agree to the new terms of this Agreement. If You do not agree to new terms, Your use of the Service will be suspended or terminated by Nokia
Nokia may, in its sole discretion, change, improve and correct the Service from time to time. Nokia may also provide updates to the Service that are considered as important or critical by Nokia, and in such case You may not continue using the previous version of the Service and the use of the previous version of the Service may be prevented without installation of the update. The Service may not be available during maintenance breaks and other times. Nokia may also decide to discontinue the Service or any part thereof in its sole discretion. In such case You will be provided a prior notification and Nokia may terminate the Agreement accordingly.
You agree that all material and information in any form received from Nokia, including, but not limited to the Service, as well as all translations of computer programs contained in the Service, Nokia's products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third-party confidential information, will be considered and referred to collectively as "Confidential Information". Confidential Information, however, does not include: (a) information that Nokia makes generally available to the public; (b) information that You can demonstrate to have had rightfully in Your possession prior to disclosure to You by Nokia; (c) information that is independently developed by You without the use of any Confidential Information; or (d) information that You rightfully obtain from a third party who has been given the right to transfer or disclose it by Nokia. You agree to keep confidential and not to disclose, publish, or disseminate any Confidential Information to any third party. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. You agree not to use Confidential Information otherwise for Your own or any third party's benefit without the prior written approval of an authorized representative of Nokia in each instance.
You further agree that despite of any other confidentiality agreements You may have between You and Nokia, Nokia will not be responsible for keeping confidential any information You provide to Nokia through the use of the Service or any related services. Neither Nokia nor any of its employees accept or consider unsolicited ideas, including but not limited to ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. If, despite the request that You not send us Your ideas and materials, You still send them, please understand that Nokia makes no assurances that Your ideas and materials will be treated as confidential or proprietary.
The rights and obligations of this section shall remain in force for five (5) years from the date of the disclosure of Confidential Information.
The Service is owned by Nokia and/or its licensors and affiliates. The structure, organization, and code of the Service are the valuable trade secrets and confidential information of Nokia and/or its licensors and affiliates.
No right or license, express or implied, is granted to any part of the Service except as expressly set forth above. In addition, no licenses or immunities are granted to the combination of the Service and software with any other service, software or hardware not delivered by Nokia under this Agreement. Also, any and all licenses with respect to Nokia or third party patents (including but not limited to essential patents, standard patents) are specifically excluded from the scope of this Agreement, and those licenses need to be acquired separately from Nokia or the respective right holders, as the case may be.
Further, the rights granted to You specifically exclude any rights to any underlying or enabling technologies which are not wholly part of the Service including but not limited to operating systems, communication protocols and radio connectivity, positioning technologies, devices and other hardware, user interfaces and other technologies, even if such underlying or enabling technologies are necessary for the use of the Service.
You and Your affiliates, as the case may be, covenant and agree not to bring suit before any court or administrative agency or otherwise assert any claim against Nokia or any of its affiliates, suppliers, licensees or customers based on any of Your patent or Your affiliate’s due to reproduction, development, use, manufacturing, marketing, selling, distribution, licensing, importing, sub-licensing or other disposal of the Service or implementations thereof.
You and Your affiliates shall impose the obligation stated in clause above on any third party to whom You or Your affiliates may assign or transfer Your patents. This obligation is restricted to suits or other assertions based on such assigned or transferred patents.
You shall be released from Your covenant and agreement not to sue under this section in relation to a particular beneficiary (but not in relation to any other beneficiary) in the following event: (i) You are first sued for patent infringement related to the Service by such other beneficiary who benefits from Your covenant and agreement as set forth herein; and (ii) the suit is based on Your infringement of such other beneficiary’s patent rights which if held by You would be subject to the covenant and agreement not to sue provided for above in this section.
For the purposes of this section, patent means any patent, utility model and any divisional, re-exam, re-issue, continuation and continuation-in-part thereof as well as any corresponding application globally.
You By submitting any ideas, feedback and/or proposals ("Feedback") to Nokia through the Service or other means, you acknowledge and agree that: (1) Nokia may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) Nokia is not under any obligation of confidentiality with respect to the Feedback; (4) Nokia may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Nokia.
YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER NOKIA, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, ACCURACY OF DOCUMENTATION AND SUPPORT MATERIAL, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY NOKIA OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.
You agree to defend and indemnify Nokia from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) Your breach of this Agreement, (ii) Your infringement or violation of any intellectual property, other rights or privacy of a third party, and (iii) misuse of the Service by a third party where such misuse was made available by Your failure to take reasonable measures to protect Your username and password against misuse.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOKIA, ITS EMPLOYEES,LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SOFTWARE, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SOFTWARE, EVEN IF NOKIA OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.
Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits Nokia's liability to You in the event of death or personal injury resulting from Nokia's negligence. Nokia is acting on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this Agreement, but in no other respects and for no other purpose.
You acknowledge that the Service may be subject to export control restrictions of various countries. You shall fully comply with all applicable export license restrictions and requirements as well as with all laws and regulations relating to the importation of the Service and/or Application and shall procure all necessary governmental authorizations, including without limitation, all necessary licenses, approvals, permissions or consents, where necessary for the re-exportation of the Service or Application.
The Service, including technical data, includes cryptographic software subject to export controls under the U.S. Export Administration Regulations ("EAR") and may be subject to import or export controls in other countries. The EAR prohibits the use of the Service and technical data by a Government End User, as defined hereafter, without a license from the U.S. government. A Government End User is defined in Part 772 of the EAR as "any foreign central, regional, or local government department, agency, or other entity performing governmental functions; including governmental research institutions, governmental corporations, or their separate business units (as defined in part 772 of the EAR) which are engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List, and international governmental organizations. This term does not include: utilities, telecommunications companies and Internet service providers; banks and financial institutions; transportation; broadcast or entertainment; educational organizations; civil health and medical organizations; retail or wholesale firms; and manufacturing or industrial entities not engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List.
You agree to strictly comply with all applicable import and export regulations and acknowledge that You have the responsibility to obtain licenses to export, re-export, transfer, or import the Service. You further represent that You are not a Government End User as defined above, and You will not transfer the Service to any Government End User without a license.
This Agreement is governed by the laws of Finland. All disputes arising from or relating to these Terms 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.
All notices of the Services should be delivered to:
Nokia Corporation, P.O. Box 100, FIN-00045 Nokia Group, Finland
You shall not be entitled to assign or transfer all or any of Your rights, benefits and obligations under this Agreement without the prior written consent of Nokia, which shall not be unreasonably withheld. Nokia shall be entitled to assign or transfer any of its rights, benefits or obligations under this Agreement on an unrestricted basis
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.
This is the entire agreement between Nokia and You relating to the Service, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Service.