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Ovi Store Terms 08-18-2009

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A pdf containing the Ovi Store Terms of Service

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Ovi Store Terms 08-18-2009

  1. 1. Ovi Store http://store.ovi.com/legal/terms/store Ovi Store Terms OVI STORE SERVICE SPECIFIC TERMS These Ovi Store Service Specific Terms (“Ovi Store User Terms”) are additional conditions to the Ovi Service Terms and Privacy Policy (collectively “Terms”) and govern the use of the application or website where you accessed the Ovi Store User Terms and use of the related services (“Ovi Store”). If there is any conflict between these Ovi Store User Terms and the Terms, the provisions of these Ovi Store User Terms shall prevail when using the Ovi Store. 1. Definition of Ovi Store The Ovi Store, offered by Nokia Corporation (“Nokia”), allows you to license certain services, applications and content (“Content”) for use on compatible mobile devices pursuant to these Ovi Store User Terms. 2. License of Content All Content made available through the Ovi Store is licensed, not sold, to end user customers only and limited to one private installation on one Nokia compatible device at any one time. Your use of the Ovi Store, the downloadable Ovi Store client application for accessing the Ovi Store from mobile devices (“Ovi Store Client”), and any transactions made through the Ovi Store are subject to the Terms, these Ovi Store User Terms, the End-User Software Agreement set forth below (“EUSA”), and any applicable end user agreements that apply to any Content licensed through the Ovi Store. You agree that the terms of the EUSA below apply to any Content licensed through the Ovi Store unless the Content is covered by a valid end user software agreement entered into between you and the third party publisher of the Content (“Publisher”), in which case the Publisher’s end user software agreement will apply to the Content. You agree that your use of Content constitutes your acceptance of and agreement to use such Content solely in accordance with these Ovi Store User Terms, the EUSA and any applicable end user software agreement of a Publisher. Any other use of the Content may constitute a copyright infringement or other violation of intellectual property rights. You acknowledge that any Content license purchase made through the Ovi Store is a binding agreement between you and Nokia, and that any license you purchase to a Publisher’s Content is a binding agreement between you and the Publisher only. The Publisher is solely responsible for any Content it provides, including any warranties that have not been disclaimed, or any claims you may have relating to the Publisher’s Content. You acknowledge that you are purchasing the license to any Publisher Content from that Publisher only. Nokia is acting only as an agent for the Publisher in providing the Publisher’s Content to you. Nokia is not a party to the license between you and the Publisher with respect to any Publisher Content; provided that, you acknowledge and agree that Nokia is a third party beneficiary of the EUSA or the Publisher’s end user software agreement, if applicable, for any license to Publisher Content you purchase, and that upon your acceptance of the terms and conditions of the license to any such Publisher Content, Nokia will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof. You acknowledge that certain Content may contain security technology that limits your usage of that Content. You agree not to attempt to, or assist any other person to, circumvent or modify any security technology or software that is part of the Ovi Store or included in any Content. 3. Purchase and Payment Terms You may purchase a license to use Content available in the Ovi Store. 3.1. To place an order, you must have reached the age of legal competence according to the applicable legislation. Therefore, and unless otherwise permitted by applicable legislation, if you have not reached the age of legal competence, you may place orders only with the prior consent of your guardian(s)/parent(s). 3.1.2. You agree that all orders placed shall be legally valid and binding on you. As used here, “order” shall mean the selection of the Content available in the Ovi Store accompanied by the entering and sending of payment method and information, as well as selecting the “buy”, “ok” or “I accept” button in the purchase order flow, or other indication of acceptance and confirmation of your order that is presented to you in the purchase order flow. 3.1.3. If you provide Nokia with a valid e-mail address at the time of purchase, an order confirmation, which includes a Transaction ID, will be e-mailed to you following your Content license purchase from the Ovi Store. 3.1.4. If you purchase Content from the Ovi Store via your mobile device, the device must be switched on during the whole transmission and delivery. 3.1.5. Content licensed from the Ovi Store gives you a non-exclusive, worldwide, and perpetual license to perform, display, and use such Content unless otherwise indicated in the EUSA or any applicable end user agreements between you and the Publisher of such Content or as otherwise indicated in the purchase order, if applicable. 3.2. Payments for Content licensed from the Ovi Store 3.2.1. Content licenses from the Ovi Store may be purchased through a range of payment methods as indicated on the Ovi Store from time to time, which may include one or more of the following: Operator billing by way of premium SMS or WAP Billing The license fee for Content from the Ovi Store will be charged on the network service provider’s invoice for your mobile device network service. Credit or debit card purchase The license fee for Content from the Ovi Store will be charged to your credit or debit card. Voucher If available, you may be able to purchase vouchers at a retail or Nokia store with the payment method offered in the store, or through other distribution methods. 3.2.2. If available and to the extent permitted by law, when you purchase or acquire a voucher, your ability to purchase licenses to Content available in the Ovi Store will be provided from the date of redemption of the voucher for the period selected when the voucher was purchased. Vouchers are non-exchangeable or redeemable for cash. Retain the voucher and a purchase receipt as a proof of purchase. Nokia is not responsible for any stolen or lost voucher. 3.2.3. Nokia is not liable for any fraudulent transactions due to your negligence. You agree to ensure that the instrument of payment for the payment method used is valid at the time of the transaction, that you are the rightful holder of the instrument and that the instrument is used within its credit limits. You acknowledge that your electronic order constitutes your agreement to be bound by and to pay for such transactions. 3.2.4. Ovi Store prices, which may be subject to change from time to time, will be presented to you in different currencies depending on your location and shall be identified in the payment information at the time of the placement of your order. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. Regardless of the currency used or the price shown to you by Nokia, there may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. Nokia assumes no responsibility for the payment of such fees or charges. 4. Fees Using the Ovi Store or downloading Content from the Ovi Store may involve the transmission of large amounts of data through your network service provider’s network. The prices you pay for Content licenses purchased from the Ovi Store do not include charges for data connection, data download, data rate plans, or roaming. You are responsible for any mobile data subscription and data transfer and any other data costs, roaming charges or other fees that may be charged by your network service provider. Please contact your network service provider for information about data transmission and other network service charges. Nokia assumes no responsibility for the payment of such fees or charges. 5. Cancellations and Refunds You agree to the electronic delivery of Content being initiated concurrently with the placement of your order. You will not be able to cancel your order once it has been processed, and acknowledge that the nature of the Content is such that it cannot be returned. In the event that after your purchase you discover and promptly inform Nokia that (a) the Content license you have purchased is faulty; (b) the Content Nokia delivers to you does not match the description of the Content you ordered via the Ovi Store; or (c) technical problems delayed or prevented delivery of your Content, your sole and exclusive remedy with respect to such Content will be either replacement of such Content, or refund of the purchase price paid for such Content, as determined by Nokia. Otherwise, no refunds are available. If you encounter any of the above issues, please contact Nokia Customer Support at http://www.ovi.com/services/support /care. In the event Nokia opts to provide you with a refund, Nokia will attempt to process the refund within thirty (30) days. 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  2. 2. Ovi Store http://store.ovi.com/legal/terms/store Please note that Nokia may not be able to process your customer support request if you are unable to provide your Transaction ID, which is provided to you by Nokia following your Content license purchase from the Ovi Store; provided you have supplied Nokia with a valid e-mail address at the time of purchase. Nokia may only process refunds for Content where the total price is above the monetary limit stipulated in applicable local legislation. 6. Customer Care and Support For general assistance with the Ovi Store, please refer to our online support page, http://www.ovi.com/services/support/care, which allows you to send Nokia an e-mail and provides available phone numbers for contacting Nokia by phone. You may also contact Nokia at the physical address below. Nokia will try to respond to your inquiry as soon as possible. Nokia Corporation ATTN: Ovi Store Keilalahdentie 4 02150 Espoo Finland Corp ID: 0112038-9 Nokia will be responsible for providing any maintenance and support services with respect to Nokia-owned Content available in the Ovi Store only. Publishers will be solely responsible for providing maintenance and support services with respect to any Publisher Content licensed by you. You acknowledge and agree that Nokia will have no obligation whatsoever to provide any maintenance or support services with respect to any Publisher Content. 7. Personal Data 7.1. The Privacy Policy and additional provisions in these Ovi Store User Terms govern the use of your personal data. 7.2. By submitting an order, you give your consent that: (a) your personal information may be sent electronically to Nokia and to the network service provider in charge of the operator billing and may be processed outside of the European Union and outside the country where you originally made the purchase, including but not limited to the United States, for approval and credit status information related to your transaction; and (b) your personal information may be used by Nokia and the network service provider for other inquiries for approval and for other credit status information related to other transactions submitted by you. Nokia uses the data that it receives from the network service provider solely for the purpose of operator billing and not for any other reason. This provision is intended to be consistent with and supplemental to the Terms, not a replacement of any portion of the Terms. 7.3. In order to provide you with the Ovi Store service and for license management purposes certain technical information may be accessed and processed by Nokia. Such information may include mobile network and country codes, language, time zone, timestamp, device serial number, e-mail address, mobile number, client ID and information about your transactions with Nokia such as, for example, your approval of these Ovi Store User Terms. This information may also be used to improve the Ovi Store, for example to provide you with more relevant content, or to improve other Nokia services and products. 7.4 You have the ability to share certain activity in the Ovi Store with your Ovi Contacts, including purchases, downloads, ratings and comments. Any such sharing is controlled by you and is only available if you first opt-in to participate in such features. 7.5. Nokia may use the accumulated information for the purposes described in the Privacy Policy and these Ovi Store User Terms, and according to any other Nokia service terms which you may have agreed to elsewhere. **************** NOKIA CORPORATION END-USER SOFTWARE AGREEMENT This End-User Software Agreement ("EUSA") is between You (either an individual or an entity), the “End User,” and Nokia Corporation ("Nokia"). The EUSA authorizes You to use the Software you have ordered or choose to access, which may be stored on a CD-ROM, sent to You by electronic mail, downloaded from Nokia's web pages or servers, or preloaded on Your mobile, or from other sources under the terms and conditions set forth below. This is an agreement on end-user rights and not an agreement for sale. Nokia or its licensors continues to own the copy of the Software and the physical media contained in any sales package and any other copy that You are authorized to make pursuant to this EUSA. Read this EUSA carefully before installing, downloading, or using the Software. By clicking on the "I Accept" button (or similar method of acceptance of this EUSA) while installing, or by downloading, and/or using the Software, You agree to the terms and conditions of this EUSA. If You do not agree to all of the terms and conditions of this EUSA, promptly click the "Decline" or "I Do Not Accept" button (or similar method of non-acceptance), cancel the installation or downloading, or destroy, or return the Software and accompanying documentation to Nokia. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. 1. SOFTWARE. As used in this EUSA, the term "Software" means, collectively: (i) the software product you have ordered or choose to access, as described above; (ii) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this EUSA is provided, including the object code form of the software delivered via a CD-ROM, electronic mail, or web page; (iii) digital images, stock photographs, clip art, or other artistic works ("Stock Files"); (iv) related explanatory written materials and any other possible documentation related thereto ("Documentation"); (v) fonts; and (vi) upgrades, modified versions, updates, additions, and copies of the Software (collectively "Updates"), if any, licensed to You by Nokia under this EUSA. 2. END USER LICENSE AND USE. Nokia grants to You a non-exclusive, non-transferable end-user license to use the Software on any mobile devices and memory cards and other data storage mediums manufactured by or on behalf of Nokia that you own or control, and one personsal computer. 3. LIMITATIONS ON END USER LICENSE. You may not copy, distribute, or make derivative works of the Software except as follows: (a) You may make one copy of the Software on magnetic media as an archival backup copy, provided Your archival backup copy is not installed or used on any computer. Any other copies You make of the Software are in violation of this EUSA. (b) You may not use, modify, translate, reproduce, or transfer the right to use the Software or copy the Software except as expressly provided in this EUSA. (c) You may not resell, sublicense, rent, lease, or lend the Software. (d) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software. (e) Unless stated otherwise in the Documentation, You shall not display, modify, reproduce, or distribute any of the Stock Files included with the Software. In the event that the Documentation allows You to display the Stock Files, You shall not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. You should review the "Readme" files associated with the Stock Files that You use to ascertain what rights You have with respect to such materials. Stock Files may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic material or in any otherwise illegal manner. You may not register or claim any rights in the Stock Files or derivative works thereof. (f) You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. 4. COPYRIGHT. The Software and all rights, without limitation including proprietary rights therein, are owned by Nokia and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of Nokia and/or its licensors and affiliates. You must not copy the Software, except as set forth in clause 3 (Limitations On End-User License). Any copies which You are permitted to make pursuant to this EUSA must contain the same copyright and other proprietary notices that appear on the Software. 5 MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES 2 of 3 8/18/2009 10:14 PM
  3. 3. Ovi Store http://store.ovi.com/legal/terms/store 5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES. If the Software supports multiple platforms or languages, if You receive the Software on multiple media, or if You otherwise receive multiple copies of the Software, the number of computers on which all versions of the Software are installed shall be one computer. You may not rent, lease, sublicense, lend, or transfer versions or copies of the Software You do not use. If the Software is an Update to a previous version of the Software, You must possess valid end-user rights to such a previous version in order to use the Update, and You may use the previous version for ninety (90) days after You receive the Update in order to assist You in the transition to the Update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update. 6. COMMENCEMENT & TERMINATION. This EUSA is effective from the first date You install or (if pre-installed) use the Software. You may terminate this EUSA at any time by permanently deleting, destroying, and returning, at Your own costs, the Software, all backup copies, and all related materials provided by Nokia. Your end-user rights automatically and immediately terminate without notice from Nokia if You fail to comply with any provision of this EUSA. In such an event, You must immediately delete, destroy, or return at Your own cost, the Software, all backup copies, and all related material to Nokia. 7. YOU ACKNOWLEDGE THAT THE SOFTWARE 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 OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE 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. 8. NO OTHER OBLIGATIONS. This EUSA creates no obligations on the part of Nokia or its licensors other than as specifically set forth herein. 9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES, DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER 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 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 EUSA shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this EUSA 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 clause 9, but in no other respects and for no other purpose. 10. TECHNICAL SUPPORT. Nokia has no obligation to furnish You with technical support unless separately agreed in writing between You and Nokia. 11. EXPORT CONTROL. The Software, including technical data, may include 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 Software 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 Software. You further represent that You are not a Government End User as defined above, and You will not transfer the Software to any Government End User without a license. 12. NOTICES. All notices and return of the Software and Documentation should be delivered to: Nokia Corporation ATTN: Ovi Store Keilalahdentie 4 02150 Espoo Finland Corp ID: 0112038-9 13. APPLICABLE LAW & GENERAL PROVISIONS. This EUSA is governed by the laws of Finland. All disputes arising from or relating to this EUSA 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 EUSA is found void and unenforceable, it will not affect the validity of the balance of the EUSA, which shall remain valid and enforceable according to its terms. This EUSA may only be modified in writing signed by an authorized officer of Nokia. This is the entire agreement between Nokia and You relating to the Software, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Software. 3 of 3 8/18/2009 10:14 PM

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