Effective February 9, 2021
These license terms are an agreement between HMD Global Oy ("HMD Global") and you. They apply to the pre-release software versions (the "Pilot Software") available on Nokia phones pilots ("Pilots"). To participate in the Pilots activities, you need to be at least 18 years of age. You understand and agree that participation in the Pilots activities is voluntary. HMD Global reserves a right to modify these terms from time to time.
a. LICENSE. Subject your compliance with these license terms, you may install and use the Pilot Software on your Nokia device specified in the instructions of Nokia Phones Pilot for the purpose of testing and evaluating the Pilot Software and providing HMD Global with feedback on quality and usability of the Pilot Software.
b. LICENSE RESTRICTIONS. You may not (1) reverse engineer, decompile or disassemble the Pilot Software, except to the extent that applicable law expressly permits; (2) use components of the Pilot Software to run applications not running on the Pilot Software; (3) publish the Pilot Software for others to copy; (4) sublicense or sell the Pilot Software; or (5) transfer the Pilot Software or these terms to any third party.
c. TERM. The term of this agreement will expire upon the commercial release of the Pilot Software. You have the right to use the Pilots Software under the license terms of this agreement during this period.
d. PRE-RELEASE SOFTWARE. The Pilot Software is a pre-release version. It may not work the way a final version of the software will. HMD Global may significantly change it or decide not to release a final version. You understand that it may require to manual flashing in some cases to bring devices to normal usage. Upon reversion reflash, please note you will lose all user data - users are advised to periodically back up any user data. In addition, after SW reversion, previously installed applications may not function as intended and may require uninstall/reinstall. HMD Global encourages you to back-up all data and information before your participation in the Pilots activities. YOU UNDERSTAND THAT BY INSTALLING THE PILOT SOFTWARE, THAT APPLICATIONS MAY BE AFFECTED BY YOUR USE OF THE PILOT SOFTWARE. HMD GLOBAL SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES OR OTHER LIABILITIES YOU MAY INCUR AS A RESULT OF YOUR TESTING, INSTALLATION OR USE OF THE PILOT SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO DATA OR ANY LOSS OF DATA.
f. FEEDBACK. If you give feedback about the Pilot Software to HMD Global, you acknowledge and agree that (1) HMD Global 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) HMD Global is not under any obligation of confidentiality with respect to the feedback; (4) HMD Global and its licensors may freely use, distribute, exploit, further develop and modify feedback for any purpose; and (5) you are not entitled to any compensation from HMD Global.
g. OPEN SOURCE SOFTWARE. Parts of the Pilot Software may be provided with notices and open source licenses from third parties that govern the use of those parts. Any licenses granted hereunder do not alter any rights and obligations you may have under such open source licenses.
h. WARRANTY DISCLAIMER. The Pilot Software is licensed "AS-IS". HMD Global gives no express warranties, guarantees or conditions. HMD Global excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
i. LIMITATION OF LIABILITY. HMD GLOBAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE PILOT SOFTWARE, EVEN IF HMD GLOBAL 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 HMD GLOBAL WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
j. GOVERNING LAW. These license terms will be governed by the laws of Finland. Any dispute resolution between you and HMD Global arising of or relating to these license terms shall take place in Finland, Helsinki in the Finnish courts.
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