DVB-H Mobile TV Implementation Guidelines, Release 1.0 (OAI 1.0)

The following terms (as amended from time to time) set out the rights and obligations you will be requested to accept if you seek to download mobile broadcast open air interface specification contained on this web site for your own use. If you do not understand any of these terms, you should seek assistance from your legal advisor. Whenever you seek to download mobile broadcast open air interface specification agreement from this web site, you will be presented with an up to date set of terms and conditions. PLEASE READ THOSE TERMS CAREFULLY AS YOU WILL BE ASKED TO ACCEPT THEM PRIOR TO DOWNLOADING THE REQUESTED DOCUMENT.

MOBILE BROADCAST OPEN AIR INTERFACE SPECIFICATION AGREEMENT ("Agreement")

This Agreement is between you and Nokia Corporation, represented through its Multimedia Business Group. This Agreement authorizes you to receive the Specification (as defined below) for internal evaluation, development and testing purposes only in full compliance with the Specification as defined below.

1. SPECIFICATION. As used in this Agreement, the term "Specification" means the Mobile Broadcast Open Air Interface Specification 1.0 and its future updates. This Specifications is a technical specification of a vendor and platform independent interface, between the terminal and network side, of a mobile broadcast architecture, provided by Nokia to you. By clicking on the "I Accept" button while, downloading, and/or using the Specification, you agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click the "Decline" or "I Do Not Accept" button, cancel the downloading, or destroy or return the Specification to Nokia. YOU AGREE THAT YOUR USE OF THE SPECIFICATION ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

2. COPYRIGHT LICENSE. Provided that you comply with all the terms and conditions of this Agreement and subject to the limitations set forth in this Agreement Nokia grants to you a non-exclusive, personal, non-transferable, non-sublicensable, world-wide, limited license under copyrights owned by Nokia to download and print a personal copy of the Specification for the sole purpose of internal evaluation and testing and development of implementation(s) of the Specification fully compliant with the Specification.

3. NO PATENT OR THIRD PARTY RIGHTS. You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a patent license or a copyright license under any third party copyright is required, it is your responsibility to acquire the license. You are not allowed to modify or amend the Specification or to make derivative works of the Specification and any use of the Specification is under your sole responsibility and at your own risk. No rights or licenses whatsoever are granted to you under any patents of Nokia or its Affiliates and Nokia expressly disclaims any explicit or implied licenses to use or exploit the Specification.

3. INDEMNIFICATION OBLIGATION. You agree to defend, indemnify and hold harmless Nokia and its Affiliates against any claims of third parties in respect of your evaluation and/or use of the Specification in any manner whatsoever.

4. FEEDBACK. In the event you or your Affiliate(s) provide to Nokia or its Affiliates any input and/or feedback with respect to the development and/or modification of the Specification ("Feedback"), you grant Nokia and its Affiliates, under your intellectual property rights or intellectual property rights of your Affiliates, the following non-exclusive, worldwide, royalty-free, perpetual and irrevocable license: (a) to use, copy and modify such Feedback and to create derivative works thereof; (b) to manufacture, have manufactured, use, import, sell, lease, distribute, offer to sell, or otherwise field any products and/or to maintain any services implementing the Specification (or part of it) containing or otherwise exploiting such Feedback; and (c) to sublicense the aforementioned rights to the extent a license is necessary in order to use Nokia products or to implement the Specification. Feedback may include materials as well as ideas or know how (whether presented orally or in written form). For the avoidance of doubt, you have no obligation to provide any Feedback to Nokia with respect to the development and/or modification of Specification.

5. PROPRIETARY RIGHTS. The Specification and all rights therein, including without limitation proprietary rights therein, are owned by Nokia or its suppliers and are protected by international treaty provisions and all other applicable national laws and no rights or licenses whatsoever are granted to you hereunder by Nokia or its Affiliates. You agree not to remove any copyright notices included in the Specification.

6. TERM AND TERMINATION. This Agreement becomes effective by you accepting these terms. ("The Effective Date") You may terminate this license granted to you at any time by destroying or returning the Specification to Nokia. Your rights under this Agreement shall automatically and immediately terminate without notice if you breach any provision of this Agreement. In such event, you must destroy or return all the Specification. All terms and provisions, excluding clause 6 , hereunder shall survive any termination of this Agreement in perpetuity.

7. YOU ACKNOWLEDGE THAT THE SPECIFICATION IS PROVIDED "AS IS" AND NEITHER NOKIA, ITS AFFILIATES NOR ITS SUPPLIERS 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 SPECIFICATION OR ANY PRODUCT, SOFTWARE APPLICATION OR SERVICE IMPLEMENTING THE SPECIFICATION WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF NOKIA, ITS AFFILIATES, SUPPLIERS OR THIRD PARTIES. THERE IS NO WARRANTY BY NOKIA OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SPECIFICATION WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SPECIFICATION TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE IMPLEMENTATION, USE AND RESULTS OBTAINED FROM IT.

8. NO OTHER OBLIGATIONS. This Agreement creates no obligations on the part of Nokia other than as specifically set forth herein.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL NOKIA, ITS AFFILIATES, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR CUSTOMERS BE LIABLE FOR ANY LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF PROFITS, INTERRUPTION OF BUSINESS OR FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, 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 LICENSED SPECIFICATION, EVEN IF NOKIA OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY EXCLUSION CONTAINED HEREIN SHALL BE HELD TO BE INVALID FOR ANY REASON AND NOKIA BECOMES LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO U.S.$50.

10. TECHNICAL SUPPORT. Nokia has no obligation to furnish you with technical support or maintenance.

11. EXPORT CONTROL. The Specification, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import the Specification.

12. NOTICES. All notices and return of the Specification and Documentation should be delivered to:

NOKIA CORPORATION
Multimedia Business Group
Open Air Interface
P.O. Box 407
00045 NOKIA GROUP
Finland

Fax: +358 (0) 7180 36308

13. APPLICABLE LAW. This Agreement is governed by the laws of Finland (excluding its choice of laws provisions). All disputes arising from or relating to this Agreement 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.

14. CONFIDENTIALITY OBLIGATIONS. Specification shall be treated as confidential information of Nokia. You will not disclose the Specification to third parties without the prior written permission of Nokia. The above mentioned confidentiality obligation shall cease to apply in case Nokia publishes the Specification so that such information comes in the public domain. You will not disclose to third parties the existence or contents of this Agreement.

This is the entire agreement between Nokia and You relating to the Specification, and it supersedes any prior representations, discussions, undertakings,agreements, or communications.