Single-User Software License Agreement for Birdstep Mobile IP Client

This is a legal agreement ("Agreement") between you and Birdstep Technology Oy.

Subject to the terms and conditions of this Agreement, Birdstep Technology Oy ("Licensor") hereby grants you ("Licensee") a non-exclusive and non-transferable license to possess and use this particular software ("Software") and user manual ("Documentation") for their intended purposes only.

The Software has been developed and made by Birdstep Technology Oy, a Finnish company. Title and all intellectual property rights (including, but not limited to, national and international copyrights) to the Software and Documentation is and shall be the exclusive property of Birdstep Technology Oy.

The Licensee shall not remove any copyright or trademark notices or any other proprietary rights legends from the Software or the Documentation.

Further the Licensee shall not apply to register any such trademarks and/or logos.

Opening the package and/or using the Software indicates your acceptance of these terms. If you do not agree to all of the terms and conditions, or if after use you are dissatisfied with the Software, return the Software and the Documentation and any partial or whole copies within thirty (30) days of purchase to the party from whom you received it for a refund, subject to the Licensor's restocking fee.

In this Agreement, the term "Device" means a computing device running Symbian Operating System.

Use of the Software: The Licensee agrees that the Software and the Documentation shall be used solely for the Licensee's internal purposes, and that at any one time, the Software shall be installed on a single Device only. If the Software is installed on a Device that allows shared access to the Software, the Licensee agrees to provide technical or procedural methods to prevent use of the Software by more number of users than for which the license fee has been duly paid. The Software may not be installed on a Device used as a router or gateway or on a Device handling Internet traffic on behalf of other Internet hosts, devices or users.

The Licensee acknowledges and accepts that the Software is not designed or licensed for use in on-line equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or in life-critical solutions. Any liability resulting from use of the Software in any such on-line equipment in hazardous environments and/or in life- critical solutions is expressly disclaimed. No liability is accepted in respect of any actions or claims based on the use of the Software in any such on-line equipment in hazardous environments and/or in life-critical solutions by Licensee. For purposes of this Agreement, the term "life- critical solution" means an application software package or hardware device whose functioning or malfunctioning may result directly or indirectly in physical injury or loss of human life.

One machine-readable copy of the Software may be made for BACK UP PURPOSES ONLY, and the copy shall display all proprietary notices, and be labelled externally to show that the back-up copy is the property of Birdstep Technology Oy, and that use is subject to this Agreement.

The Documentation may not be copied in whole or part.The Licensee shall not modify, reverse engineer, decompile, disassemble, distribute, sub-license, sell, rent, lease, give or in any way assign or transfer, by any means or in any medium, including telecommunications, the Software nor shall the Licensee create derivative works thereof. The licensee shall use its best efforts and take all reasonable steps to protect the Software and the Documentation from unauthorized use, copying or dissemination, and shall maintain all proprietary notices intact.

Limited Warranty: 

The Licensor warrants the Software media to be free from defects in workmanship for a period of ninety (90) days from purchase. During this period, the Licensor shall replace at no cost any such media returned to the Licensor, postage prepaid. This service is the Licensor's sole liability under this warranty.

Disclaimer:  THE LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE DOCUMENTATION AND/OR THE OTHER MATERIAL. THERE IS NO WARRANTY BY THE LICENSOR OR ANY OTHER PARTY OR PERSON THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT AND OTHER MATERIAL.

THE LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHER MATERIAL, EVEN IF THE LICENSOR OR ITS SUPPLIERS OR THE OTHER PARTY OR PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE AND THE OTHER MATERIAL. THIS WARRANTY GIVES YOU SPECIFIED LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Export Control: 

The Licensee agrees to comply with any and all applicable export control laws, regulations and rules relating to the Software and the Documentation, irrespective of whether they are of domestic or foreign origin.

Confidentiality:

The Licensee shall not disclose to third parties or use for any purpose other than expressly provided in this Agreement any technical, financial or commercial or other confidential information received from the Licensor in whatever form under or in conjunction with this Agreement without the prior written consent of the disclosing Party. The above mentioned limitations shall not apply to confidential information which: (a) was in the possession of the Licensee prior to disclosure hereunder; (b) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; (c) was disclosed by a third party without breach of any obligation of confidentiality owed to the Licensor; or (d) was independently developed by personnel of the Licensee having no access to such confidential information.

The above confidentiality provisions shall bind the Licensee for a period of five (5) years from the date of disclosure of any item of the confidential information regardless of any earlier termination or expiry of this Agreement.

Term: This Agreement is effective as of the time the Licensee receives the Software, and shall continue in effect until the Licensee ceases all use of the Software and the Documentation and returns or destroys all copies thereof.

The Licensor may terminate this Agreement, without prejudice to any other remedy the Licensor may have, immediately without any obligation to the Licensee in the event the Licensee shall fail to comply with any of the terms of this Agreement.

General: 

This Agreement sets forth the entire understanding of the parties as to its subject matter and may not be modified except in a writing executed by both parties. Should any provision of this Agreement be held to be invalid by any court of competent jurisdiction that provision shall be enforced to the maximum extent permissible, and the remainder of the Agreement shall nonetheless remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of Finland. Any controversy, dispute or claim arising out of this Agreement or the breach thereof shall in the first instance be settled in the District Court of Helsinki in Finland.