RESEARCH AND EVALUATION LICENSE

 

MOTOROLA, INC. and NOKIA CORPORATION ARE WILLING TO LICENSE THIS SPECIFICATION TO YOU ONLY UPON THE TERMS CONTAINED IN THIS LICENSE ("LICENSE"). PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. BY ACCESSING OR USING THE SPECIFICATION YOU WILL BE BOUND BY THE TERMS OF THIS LICENSE.

 

JSR-272 Mobile Broadcast Service API for Handheld Terminals ("Specification")
 

Version: 1.0

Status: final release
Specification Leads: Motorola, Inc. and Nokia Corporation ("Specification Leads" or “Motorola and Nokia”))
Release: 2008-11-21

 

Copyright 2005-2008 Motorola, Inc. and Nokia Corporation.  All rights reserved.

 

1. NOTICE; LIMITED LICENSE GRANTS

 

1. The Specification Leads hereby grant You a non-exclusive, non-transferable, worldwide, royalty-free, fully paid-up, limited license (without the right to sublicense) solely under intellectual property rights licensable by the Specification Leads to analyze and to use the Specification for research, evaluation, optimization and development purposes. In addition, You may make a reasonable number of verbatim copies of this Specification in its entirety for Your private or internal use, as applicable, in accordance with the terms and conditions of this License.

 

1.2 No rights are granted under this License for internal deployment, the creation and/or distribution of implementations of the Specification for direct or indirect (including strategic) gain or advantage, the modification of the Specification (other than to the extent of Your fair use rights) or the distribution of the Specification or making the Specification available for 3rd parties.

 

1.3 Except as expressly set forth in this license, You acquire no right, title or interest in or to Specification or any other intellectual property licensable by the Specification Leads and no other rights are granted by implication, estoppel or otherwise. The Specification may only be used in accordance with the license terms set forth herein. This License will terminate immediately without notice from Specification Leads if You fail to comply with any provision of this License.

 

2 TRADEMARKS

 

2.1 Motorola and the Stylized “M” are registered trademarks of Motorola. Motorola 's product names are either trademarks or registered trademarks of Motorola. Your access to this Specification should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing in the Specification without the prior written consent of Motorola or Motorola's licensors.

No right, title, or interest in or to any trademarks, service marks, or trade names of any third parties, is granted hereunder.

 

2.2 Nokia is a registered trademark of Nokia Corporation. Nokia Corporation's product names are either trademarks or registered trademarks of Nokia Corporation. Your access to this Specification should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing in the Specification without the prior written consent of Nokia Corporation or Nokia's licensors.

No right, title, or interest in or to any trademarks, service marks, or trade names of any third parties, is granted hereunder.

 

2.3 You shall not be allowed to remove any of the copyright statements or disclaimers or other proprietary notices contained in the Specification and You are obliged to include the copyright statement and the disclaimers, if any, in any copies of the Specification You make.

 

3. DISCLAIMER OF WARRANTIES

 

3.1 SUBJECT TO ANY STATUTORY WARRANTIES OR CONDITIONS WHICH CAN NOT BE EXCLUDED, THE SPECIFICATION IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY ARE HEREBY DISCLAIMED. THE ENTIRE RISK ARISING OUT OF OR RELATING TO THE USE OR PERFORMANCE OF THE SPECIFICATION REMAINS WITH YOU.

 

3.2 THE SPECIFICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION THEREIN; THESE CHANGES WILL BE INCORPORATED INTO NEW VERSIONS OF THE SPECIFICATION, IF ANY.  SPECIFICATION LEAD MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THE SPECIFICATION AT ANY TIME. Any use of such changes in the Specification will be governed by the then-current license for the applicable version of the Specification.

 

4. LIMITATION OF LIABILITY

 

4.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SPECIFICATION LEAD OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUE, LOST DATA, PROCUREMENT OF SUBSTITUE GOODS, OR FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF THE SPECIFICATION LEAD OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN ADDITION, THE SPECIFICATION LEAD AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.

 

4.2 Some jurisdictions do not allow the exclusion of implied warranties, or the limitation for consequential damages, so Section 4.1 may not apply to You in whole, but in such case Section 4.1 will apply to You to the maximum extent permitted by applicable law.

 

5. EXPORT CONTROL

 

5.1 You shall follow all export control laws and regulations relating to Specification.

 

6. RESTRICTED RIGHTS LEGEND

 

6.1 Note to U.S. Government Users. The Specification is a “Commercial Items”, as that term is defined at 48 C.F.R. 2. 101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software Documentation are being licensed to U.S. Government end users a) only as Commercial Items and b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.