maemo.org TERMS AND CONDITIONS OF USE

(Version 1/2005; posted and effective as of 25th of May 2005)

ACKNOWLEDGEMENT AND ACCEPTANCE.

PLEASE READ THESE TERMS AND CONDITIONS ("SITE TERMS") BEFORE USING THIS maemo.org WEB SITE ("SITE"). BY ACCESSING, BROWSING OR USING THE SITE YOU (AND THE ENTITY ON BEHALF OF WHICH YOU ARE ACTING) AGREE TO THE FOL- LOWING TERMS AND CONDITIONS. IF YOU (OR THE ENTITY ON BEHALF OF WHICH YOU ARE ACTING) DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS THIS WEB SITE OR USE ANY OF THE SERVICES PROVIDED ON OR THROUGH THE SITE.

This Site is hosted as a public service by Nokia Corporation, its subsidiaries or affiliates, having its principal office at Keilalahdentie 2-4, P.O. Box 226, FIN-00045 Nokia Group, Finland (business identity code in Finland 0112038-9) ("Nokia"). With respect to general inquiries concerning this Site please refer to the FAQ or send your queries to webhost@maemo.org

1. COPYRIGHT AND TRADEMARKS

This Site includes material that is protected by virtue of trademark law, trade name law, copyright and its neighboring rights of Nokia or third parties. The use in any manner or form of all or part of the material displayed or made available on or through this Site is subject to applicable license terms or permission from the respective right holder. For such terms please refer to the license section on this Site. All logos and trademarks contained on this Site are and remain the property of their respective owners. Nothing on this Site may be interpreted as a grant of license, save for where expressly stated, to the copyrights and other intellectual property rights of Nokia or third parties.

You may transport these pages through any network media using the HTTP Hypertext Transfer Protocol for temporary storage for the purposes of reading these pages. You may print these pages on hard- copy for non-commercial use. These pages may not be duplicated for any other reason or purpose. Copies of these pages may not be modified.

You may refer to these pages from other pages via Uniform Resource Locators (URLs). These pages may not be permanently stored on any system other than www.maemo.org that is capable of retrieving them via HTTP.

1.1 Notice and Takedown Procedure Nokia respects the intellectual property rights of others, and requires that the users of this Site do the same. Nokia will respond to claims of intellectual property misuse. If you believe that your work or work of someone else you may legally represent is without your or the copyrights holder's authorization accessible on these pages in a way that you believe constitutes an infringement of the applicable copy- right or neighboring rights you may notify Nokia of such suspected misuse by providing Nokia with a notice thereof.

After receiving a claim of infringement or in case Nokia deems the material in question to be in breach of applicable legislation, Nokia reserves the right to remove such Content from the Site or disable access to such Content. Nokia will inform the provider of allegedly infringing material of the removal or disabled access. The provider of allegedly infringing material may issue a written or electronic counter notification. In case of claim of infringement the counter notification shall be issued to the originator of the claim of infringement and a copy thereof shall be sent to Nokia. Nokia will replace the removed material or enable access to the material in question following receipt of a proper counter notice unless to the contrary agreed between the provider of allegedly infringing material and Nokia or ordered by court or relevant other authority.

All notifications concerning the above shall be sent to Nokia to the following address or addresses where also more information concerning the proper form and the procedure may be obtained: To the attention of:

Mailing address:
Maemo Development Platform
Att: Tero Kojo
Itämerenkatu 11 - 13
00180 HELSINKI
PL/P.O.Box 407
00045 NOKIA GROUP
Finland
Email:
notices@maemo.org

2. LINKS TO THIRD PARTY WEBSITES

The links on this Site are provided, whether by Nokia or by a third party, for information purposes only. If you access any of the third party sites linked to this Site, you do it entirely at your own risk. Nokia has not necessarily reviewed these third party sites and does not control and is not responsible for any of those sites or the content of those sites or any damages incurred by the use of those sites. A link to a third party web site does not indicate that Nokia endorses such site or any information, soft- ware or other products, services or materials found on or through such site. Please note that the Pri- vacy Policy applicable to this Site does not govern the policies used on linked sites.

3. CONTENT AND CONTRIBUTIONS

3.1 Content

Any information or materials transmitted via this Site ("Content") are the sole responsibility of the original sender. Thus, you are entirely responsible for all content that you upload, post, email or other- wise transmit via this Site. You may not transmit content or otherwise participate in any activities on this Site which is likely to be prohibited by law in any applicable jurisdiction or contrary to these Site Terms.

3.2 Software, Documentation and Graphics Contributions If you wish to contribute software, code documentation, skins, icons or other graphics to this project, please read first the Contribution Guidelines and for further information contact webhost@maemo.org. Nokia makes no representations or warranties of any kind, including express or implied that your con- tribution will end up to this or any other project of Nokia. Nokia reserves the right at its exclusive discretion to decide whether or not to introduce any new software, code documentation or graphics to this or any other project of Nokia.

3.3 Grant of License to Submitted Content By submitting any Content (excluding software, code, graphics and documentation contributions governed by the Contribution Guidelines but including without limitation data, text, feedback, suggestions, comments, ideas, concepts, plans or the like in whatever manner or form and whether or not protected or possible to protect by statutory or other protection) to Nokia or through this Site by any means you license and grant Nokia and its affiliates and sub- licensees (or warrant that the owner of such rights has expressly granted) a non-exclusive, royalty-free and free of charge, perpetual, worldwide, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, modify, adapt, cre- ate derivative works of, distribute, and display such Content or any concept described in it throughout the world in any media or technology (now known or developed in the future), product and/service, including, without limitation any mobile or wireless terminals, such as, but, not limited to, mobile phones and any related products, services and accessories, advertising, marketing and promotional materials, and digital reproductions, without compensation, restrictions on use, acknowledgement of source, accountability or liability, and with waiver of all moral rights and rights of attribution, integrity and identity.

3.4 General Rules Regarding Content Submissions With regard to any Content submissions, you understand and agree that you are solely and fully responsible for any and all aspects of the Content submitted, including but not limited to its legality, appropriateness and non-infringement of third party intellectual property rights, and Nokia shall not be liable in any way for such Content. Nokia cannot monitor all Content provided by you or any other user to Nokia and/or this Site, but may monitor some Content at its discretion. Further, with regard to any and all Content submissions, you agree that:

(a) you will not post, publish, transmit, distribute, or upload any information through the Site that is unlawful or fraudulent, or violates or infringes any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others. In connection therewith you represent and war- rant to Nokia that your content does not infringe the trademarks, copyrights, patents, or other intellectual property rights of any third parties;

(b) the Content will not contain any material that is unlawful, libelous, slanderous, defamatory or invasive of another person's right of privacy or right of publicity, or that Nokia may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication;

(c) you will not send any such messages to any other user or Nokia that contain vulgar, abusive or otherwise inappropriate language;

(d) you will not disrupt the flow of discussion with vulgar, abusive or otherwise inappropriate language, or by other means, including without limitation hitting the return key repeatedly or posting repetitive text;

(e) you will not, without first using reasonable efforts to scan and remove any viruses or any contaminating or destructive features before submitting any Content to the Site, post, publish, transmit, distribute, or upload any information through the Site that contains a virus, Trojan horse, "sniffer" routines, backdoors, worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features ("Malware");

(f) your postings or Content submissions shall not cause injury or harm to any persons or entities;

(g) you will not use the Site to "stalk" or harass another person and your Content and use will not suggest or encourage to any illegal activity;

(h) your use of the Site will not compromise the security or integrity of Nokia's computer systems, networks or web site(s) or servers, whether by allowing intruders into the same, introducing Malware or other threats, imposing a disproportionate or unreasonably large load on this Site or its infrastructure, or using any computer programming routine, file or device to damage or interfere with the operation of the Site;

(i) you will not post, publish, transmit, distribute, or upload through the Site any unauthorized or unsolicited bulk email solicitations, chain letters, advertisements, marketing or promotional materials, "junk mail", "spam", pyramid schemes or any other solicitations or communications, including without limitation spamming Nokia or other users of the Site, or use or collect other users' email addresses or phone numbers, or other users' information or postings, or use the Site to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to Nokia or any site visitor's computer system;

(j) you will not register (where applicable) with or otherwise use a false name, identity or email address, impersonate any person or entity, including without limitation Nokia or its licensors' personnel, falsely state or otherwise misrepresent your affiliation with a person or entity, use another user's password (if applicable), forge headers or otherwise manipulate identification information to falsify or disguise the origin of any Content, or falsify or misrepresent any Content with respect to submissions to the Site, and

(k) you will follow all laws and regulations applicable to your use of the Site. Such laws and regulations include, without limitation, those governing copyright, defamation, privacy, cryptography and export control as well as publicity and the access or use of others' computer or communication systems.

4. PUBLIC FORUMS AND MAILING LISTS

4.1 Chat and Message Boards

The message boards, chat rooms and other similar media ("Public Forums") on this Site are made available to facilitate information exchange. Please be aware that your use of Public Forums is of public nature and open to a variety of users of different ages and levels of experience and that Nokia is not able to monitor the material posted and published on Public Forums by the users. Thus, the advice, views, opinions, and validity of information expressed are solely the responsibility of the original sender. Your use of Public Forums is at your own risk and you are responsible for all and any actions you take on the Public Forums as well as for all and any actions that you take based on information and Content gained on Public Forums. Further, please note that while there are always risks associated with providing personal or other data, whether in person, by phone or over the Internet, and no system of technology is completely safe, "tamper" or "hacker-proof" do not under any circumstances use your full name or give out your detailed address, phone number or any other personally identifiable information about yourself or any- body else on a message board, chat room and/or any other similar medium.

4.2 Newsletters and Mailing Lists

Nokia may offer you the possibility to subscribe to newsletter(s) and/or mailing list(s) on this Site. Please notice that, in order to receive any newsletter(s) or mailing(s) you are required to submit a valid email address to Nokia on the Site (Opt-in). Nokia will handle and store the email address submitted by you in accordance with the Site's Privacy Policy. The newsletter(s) and mailing(s) may include for example information concerning or related to this Site or this project. The newsletter(s) and mailing(s) may also include information concerning or related to relevant products and services of Nokia or third parties.

You have the right at any time to prohibit Nokia from sending you the newsletter or other mail (Opt- out) by following the instructions for doing so in each newsletter or other mail that you receive or by sending an email to webhost@maemo.org.

5.APPLICABLE LICENSES

The software made available on this Site is for your convenience and subject to the open source/free software licenses of their respective licensors as indicated in the respective source code files. No other licenses are granted or implied through the making available by Nokia. In many cases, Nokia is not the licensor, but merely making the software available to you solely to comply with the applicable licensing terms and conditions. All documentation related to the software as well as skins, icons and graphics made available on this Site are subject to their own license terms. For more information concerning the applicable license terms for software, documentation and graphics please see the License Section.

NOTICE AND DISCLAIMER RELATING TO CERTAIN LEGAL ASPECTS OF SOFTWARE DISTRIBUTED ON THIS SITE

Each licensor grants the licenses to software as set forth in the applicable licenses, no assurances are provided by Nokia that the software so distributed/licensed does not infringe the patent or other intellectual property rights of any other entity or that those licenses provide you with all the necessary rights to make use of the software available herein. For example, if a third party patent license is required to allow you to distribute or commercially make use of certain software made available on this Site, it is your responsibility to acquire the necessary licenses before such distribution or making use of the software.

Nokia disclaims any liability for claims brought by you or any other entity based on infringement of intellectual property rights or otherwise. You are hereby advised of these issues and therefore assume the sole responsibility to secure any other intellectual property rights and/or licenses that may be needed.

6. BREACH OF TERMS AND CONDITIONS

In the event Nokia deems, at its exclusive discretion, that you are in breach of these Site Terms, Nokia shall take any action as it may deem at its exclusive discretion appropriate, to address your breach, including without limitation removal of Content, termination of membership (where applicable), prevention of access and any legal action in any competent authority or court. Nokia has the right to terminate your right to use the Site without notice at any time for any reason at Nokia's sole discretion and in particular, if you breach these Site Terms or use the Site illegally or in a way that Nokia deems inappropriate. In the event that you are aware of a user that breaches these Site Terms by for example, but not limited to, stalking or harassing other users on a Public Forum, please inform Nokia of such conduct by emailing webhost@maemo.org.

7. DATA PROTECTION

Nokia is committed to the protection of privacy of the Site visitors. Nokia collects, handles and stores personal information that you may provide to Nokia on or through this Site, or that Nokia may receive in connection with your use of the Site or services provided herein in accordance with the Site's Privacy Policy. Personal information that you may submit on or through this Site, or that Nokia may receive in connection with the services provided on this Site, such as chat rooms and message boards, may include your name and email address and information about your responses to the Site as well as about your contacts with the Nokia support personnel providing technical and/or other support or advice to this Site. Nokia may also collect personal information whenever you contact Nokia in order to discuss possible contributions by you or the project that you represent to this project. Please consult the Site's Privacy Policy for more information on how Nokia handles personal information submitted on or through this Site.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL CONTENT ON THIS SITE AND THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. NOKIA DOES NOT WARRANT THAT THE SITE, SERVICES OR ANY LINKED WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NOKIA IS NOT LIABLE FOR THE NON-AVAILABILITY OF THIS SITE, ITS CONTENTS OR SERVICES HOWEVER CAUSED. NOKIA ASSUMES NO LIABILITY OF ANY DELAY, DATA LOSS OR DAMAGE DURING THE TRANSMISSION TO OR FROM OR STORAGE ON THE SITE. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THIS SITE. NOKIA SHALL NOT BE LIABLE FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, ITS CONTENTS OR RELATED TO THE SOFTWARE DOWNLOADED FROM THIS SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, LOST SALES, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF NOKIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF NOKIA WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE MANDATORY LAW.

9. MISCELLANEOUS

9.1 Availability and Changes to the Site Nokia reserves the right to make changes to this Site or any Content on this Site at any time without prior notice. Nokia further reserves the right to withdraw or remove from or disable access to any Content on this Site, including without limitation access from countries or by entities or persons possibly embargoed by applicable export control regulation, or discontinue hosting this Site at any time without prior notice.

9.2 Service Specific Terms Nokia may have or later introduce separate terms for different services on this Site, in which the service specific terms and conditions are set forth (including data protection). Please review and accept such service specific terms and conditions prior to any use to ensure that you are at all times aware of your rights and obligations.

9.3 Entire Agreement These Site Terms constitute the entire agreement between you and Nokia and govern your use of this Site, superseding any prior agreements. You may be subject to additional or other terms and conditions that may apply when you use or contribute any Content (including without limitation software). In addition, the following terms and notices are by reference incorporated into these Site Terms:

9.4 Partial Invalidity

The invalidity of a provision of these Site Terms or any other applicable terms and notices shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with a valid provision which comes closest to the result and purpose of these Site Terms or any other applicable terms and notices. These Site Terms shall neither exclude nor limit any of your mandatory rights in your country of residence.

9.5 Changes to the Site Terms

Nokia may change these Site Terms and the incorporated terms and notices at its sole discretion. Such modifications shall be effective immediately upon posting of the modified Site Terms, terms or notices to this Site. Your continued use of this Site following the posting of changes to these Site Terms, terms or notices will mean that you accept those changes.

9.6 Governing Law

Except where prohibited by mandatory local laws, these Site Terms and other applicable terms and notices shall be governed by the laws of Finland.