Nokia SDK 2.0 for Java (Online installer)
This is the online installer of the Nokia SDK 2.0 for Java.
MICROSOFT MOBILE DEVELOPER SOFTWARE AGREEMENT
Please read this Microsoft Mobile Developer Software Agreement carefully before accessing, downloading or using any part of the Software. This Agreement governs Your use of the Software and these terms and conditions constitute an agreement between You (either an individual or an entity) and Microsoft Mobile Oy including its subsidiaries and suppliers (collectively “Microsoft Mobile”) and defines the rights and responsibilities of You and Microsoft Mobile with respect to the Software. By accessing, downloading, installing, using or clicking on the "Accept" button while downloading, installing and/or using the Software, You agree to the terms and conditions of this Agreement.
Please note that this Agreement is structured in two sections: (i) general terms that apply to most Microsoft Mobile developer software distributions; and (ii) additional terms and conditions applicable to certain parts of the Software or related content, services, additions and extensions that are specific to the particular Software provided. Please ensure to review the entirety of the terms provided as important restrictions relevant to your use of the Software are often included as additional terms.
The Software is equipped with a tracking mechanism that records Software usage by generating a unique identifier for your terminal equipment. Software usage count is collected and sent back to Microsoft Mobile over secure internet channels on regular intervals. The information is used to create active usage reports so Microsoft Mobile can focus and improve its development of tools in its Software offerings. The information will not be personally identifiable nor will it be linked to your developer account in any way. If you do not agree to have your usage counted, then you may not use the Software and you should cancel the installation of the Software
1.1 "Application" means one or more software programs developed by you under this Agreement, including bug fixes, updates, upgrades and new versions of such software programs.
1.2 "Authorized Users" means You and Your employees and contractors or, if You are an educational institution, Your faculty and staff, who (a) each have a valid Forum Nokia account with Microsoft Mobile, (b) have a demonstrable need to know or use the Software in order to develop and test Applications, and (c) to the extent such individuals will have access to Confidential Information, each have written and binding agreements with You to protect the unauthorized use and disclosure of such Confidential Information.
1.3 "Software" means Nokia SDK 2.0 for Java software (source code and/or object code as applicable), with the exception of Open Source Software (as defined below), documentation, sample code, simulators, tools, libraries, application programming interfaces (APIs), data, files, and materials hereby provided or made available by Microsoft Mobile.
1.4 "Open Source Software" means any material, which is, as included in the Software, subject to a license terms and conditions currently listed at http://opensource.org/licenses/ or meeting the criteria listed at http://www.opensource.org/docs/definition.php or which is subject to any similar free or open source license terms. Open Source Software contained in the Software is made available under the applicable license terms and not the terms of this Agreement.
1.5 "You" or "Your" means the person(s) or entity using the Software or otherwise exercising rights under these Terms. If you are accepting these Terms on behalf of your company, organization or other entity, "You" or "Your" refers to your company, organization or other entity as well.
2. Eligibility. You must be legally competent to execute this Agreement, whether on your own behalf or on behalf of your company, organization or other entity. If you are entering this Agreement as a company, organization, or entity representative, You must have the right and authority to legally bind Your company, organization or other entity to this Agreement.
3. Registration and Termination.
3.1 If registration is required, you agree to provide truthful and complete information when registering for the Software and to keep that information updated.
3.2 You may terminate your registration(s) if you no longer wish to use the Software. Microsoft Mobile may terminate your registration(s) or restrict your access to certain parts of the Software or related services if Microsoft Mobile reasonably believes that you have breached this Agreement.
3.3 You may terminate this Agreement at any time by permanently uninstalling and/or deleting the Software and any backup copies, and all related materials provided by Microsoft Mobile and by ceasing to use the Software. Microsoft Mobile may terminate your rights automatically and immediately, without notice, if you fail to comply with these Terms. Following termination, you must immediately stop using, uninstall, and delete the Software, all backup copies, and all other related material provided by Microsoft Mobile.
3.4 Microsoft Mobile may, in its sole discretion, provide updates to the Software from time to time. If Microsoft Mobile identifies updates as important or critical, you may not continue using the previous version of the Software and Microsoft Mobile may disable the previous version of the Software. Certain services or features of the Software may not be available during maintenance breaks and other times. Microsoft Mobile may discontinue the Software or related services in whole or in part by providing you with prior notification.
4. Use of the Software.
4.1 You must comply with this Agreement. You are responsible for Your Authorized Users’ use of the Software and their compliance with the terms of this Agreement. You may not allow anyone who is not an Authorized User to access the Software.
4.2 You may use the Software only for developing Applications that are compatible with products that are manufactured by or on behalf of Microsoft Mobile. Once you have created an Application, Microsoft Mobile may modify, update, or recompile your Application to make it available for other products manufactured by or on behalf of Microsoft Mobile.
4.3 The Software is designed and provided for the sole purpose of developing and testing Application(s). You may install a reasonable number of copies of the Software on computers owned or controlled by You to be used by You or Your Authorized Users during the term of this Agreement.
5. General Limitations.
5.1 You may not use the Software in any manner or for any purpose that violates these Terms or any applicable law or regulation, including without limitation, any intellectual property or other proprietary rights, any right of any person, rights of privacy, or rights of personality;
5.2 You may not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, any malicious code, viruses or any other technologies or content that may harm the Software, other users, servers or network;
5.3 You may not use the Software in connection with any unlawful, offensive, abusive, obscene, pornographic, harassing, libelous or otherwise inappropriate content or material;
5.4 You are solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and Authorized Users in connection with the Software; and
5.5 You may not remove or obscure any copyright or trademark notices or other similar notices or markings or legends from the Software.
5.6 You may not (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software; (b) modify or create derivative works of the Software; or (c) distribute, communicate to the public, export, re-export, sublicense, rent, loan, lease, disclose, sell, market, commercialise, re-license, host, or otherwise transfer or make available to any third party (including without limitation any affiliates and subcontractors) the Software.
5.7 Regardless of this Agreement, Microsoft Mobile may develop, distribute and/or use applications that directly or indirectly compete with Your Application.
6. Nokia Browser Service.
6.1 For certain devices manufactured by or on behalf of Microsoft Mobile, internet access may be routed through the "Nokia Browser Service," (formerly called “Ovi Browser Service”) a Microsoft Mobile service that adapts web-based content for optimized mobile device experiences, including reduced mobile data consumption. In its current formulation, the Nokia Browser Service employs proxy server architecture to process mobile device web page requests and custom mobile device web browsing client software. Applications may need to be recompiled or modified to work properly with Nokia Browser Service.
6.2 Microsoft Mobile may choose to host Applications for the Nokia Browser Service. For Applications that are not hosted by Microsoft Mobile, Microsoft Mobile will use standard network calls through the Nokia Browser Service to access your servers supporting the Applications.
6.3 Nokia Browser Service is subject to content filtering policies applied by Internet service providers serving end users of Applications. You may not, and will not attempt to, mask or alter any content or Internet addresses associated with Your Applications.
6.4 Microsoft Mobile may change or discontinue the features or functionality of Nokia Browser Service at its sole discretion. Microsoft Mobile may, but has no obligation to, provide You information regarding any changes to Nokia Browser Service and possible impacts on Applications.
6.5 You may not interfere or attempt to interfere in any manner with the functionality or proper working of Nokia Browser Service. Applications may make network calls or requests to Your servers at any time that Nokia Browser Service is available, provided that content sent or received by You through Nokia Browser Service may not exceed the file size or maximum calls per second limit (if any) set forth by Microsoft Mobile.
6.6 Microsoft Mobile may take any actions it deems appropriate to temporarily suspend the availability or operation of Applications through Nokia Browser Service if Microsoft Mobile reasonably believes that Applications are causing or may cause harm to the operation of Nokia Browser Service. Microsoft Mobile will use commercially reasonable efforts to notify You promptly after any suspension of Application availability or operation through Nokia Browser Service.
7. Requirements for Your Applications.
7.1 Your Application must be developed and used in compliance with this Agreement and applicable law or regulation, including without limitation, any intellectual property or other proprietary rights, any right of any person, rights of privacy, or rights of personality;
7.2 Your Application must be developed in compliance with the documentation, technical guidelines and other requirements as Microsoft Mobile may provide from time to time;
7.3 Your Application must not violate, misappropriate, or infringe any copyright, patent, trademark, trade secret, rights of privacy or other proprietary or legal right;
7.4 Your Application must not contain nor transfer any viruses, files, or malicious content that may harm or disrupt the normal operation of the device or network;
7.5 Your Application must accurately identify its nature, function as promoted and not contain any false, fraudulent or misleading information or representations;
7.6 You will clearly communicate to the users of Your Application(s) (e.g. in the Application UI) whether use of the Application(s) creates data traffic;
7.7 You will provide users of the Application(s) with easy settings to disable any notifications;
7.8 You will not design or market the Application for the benefit of Your core business if the primary users of such application are Your employees or contractors (e.g. fleet or asset management and tracking);
7.9 You will not design or market the Application for use in or with systems, devices or products that are critical to health and/or security of other people and property (e.g. intended for surgical implant into the body or other applications intended to support or sustain life or for any aviation or nuclear reactor application) or any other application in which the software or its failure, malfunction or inadequacy could directly or indirectly cause or contribute to personal injury or death or significant property damage;
7.10 Your Application must not enable notifications routed from other notification services provided by third parties;
7.11 Your Application may not send any push notifications(e.g. unsolicited messages, advertising, promotions, or direct marketing of any kind or for the purposes of phishing and spamming) without first obtaining user consent; and
7.12 Your Application must not send any messages for the purpose of phishing or spamming, or enable anonymous or prank phone calls or SMS/MMS messaging.
7.13 If you distribute Your Application through the Nokia Store, you will comply with the Nokia Store Content Guidelines, including requirements relating to privacy, security, and the acceptability of content.
7.14 If you incorporate HERE location functionality into your Application, you will be bound by and comply with the HERE Base License Terms and Conditions.
8. Ownership and Intellectual Property Rights.
8.1 Microsoft Mobile, its subsidiaries and/or its licensors own the Software and all rights, titles, and interests to the Software, including without limitation intellectual property rights, structure, organization, and source code. The Software is protected by international treaty provisions and the applicable laws of the jurisdiction in which it is being used.
8.2 Microsoft Mobile grants you no right or license, express or implied, to any part of the Software except as expressly set forth above. Microsoft Mobile makes no representations and offers no licenses or immunities regarding the combination of the Software with any other software or hardware not delivered to you by Microsoft Mobile under this Agreement. This Agreement does not grant you any licenses to Microsoft Mobile or third party intellectual property rights beyond the licensed use of Software.
A.You and Your affiliates agree not to assert any claim against Microsoft Mobile or any of its affiliates, suppliers, licensees or customers under any intellectual property rights owned or licensed by you or your affiliates as they may relate to the Software or to this Agreement. You and Your affiliates must impose this same obligation on any third party to whom you or your affiliates may assign or transfer your patents.
B. Microsoft Mobile may release You from this agreement not to sue on a case-by-case basis in the following event: (i) You are first sued for patent infringement related to the Software by someone who benefits from Your agreement not to sue Microsoft Mobile; (ii) the suit is based on Your infringement of that third party’s intellectual property rights, and (iii) if You held the intellectual property rights at issue, those rights would be subject to Your agreement not to sue Microsoft Mobile.
Your use of the Software may be or may become subject to charges. Microsoft Mobile reserves the right to charge for the Software and to change its fees from time to time, at its discretion.
The Software may not be available in all countries and may be provided only in selected languages. The Software or some features may be network dependent, contact your network service provider for more information.
11. Support and Maintenance.
Microsoft Mobile has no obligation to furnish you with technical or other support. Any support given by Microsoft Mobile is strictly on an "as is" and "as available" basis without any obligations or liabilities. If Microsoft Mobile does provide updates to the Software, Microsoft Mobile may disable earlier versions of the Software.
By submitting feedback to Microsoft Mobile related to the Software, You acknowledge and agree that (1) Microsoft Mobile may have similar development ideas to the Feedback; (2) Your Feedback does not contain confidential or proprietary information related to Your own activities or those of any third party; (3) Microsoft Mobile is not under any obligation of confidentiality with respect to the Feedback; and (4) You are not entitled to any compensation of any kind from Microsoft Mobile. You grant Microsoft Mobile a worldwide, non-exclusive, sublicensable, assignable, fully paid up, royalty-free, perpetual and irrevocable license to use, reproduce, adapt, translate, exploit, copy, publicly perform, display, distribute, further develop, modify, prepare derivative works of, incorporate into other works, and sublicense Your feedback.
13. Links to Third Party Sites and Services.
Microsoft Mobile may include links to sites and services on the Internet that are owned or operated by third parties and that are not part of the Software. Third party sites are governed by their own terms of service and privacy policies, not by this Agreement. Microsoft Mobile has no control over the content of third-party sites and cannot assume any responsibility for services provided or material created or published by such sites. Links to a third-party site are not Microsoft Mobile endorsements of the site or the related products or services.
14.1 All material and information that You receive from Microsoft Mobile in connection with this Agreement, including but not limited to Software, translations of computer programs contained in the Software, Microsoft Mobile’s products, designs, business plans, business opportunities, finances, research, development, and know-how, will be considered and referred to collectively as "Confidential Information". Confidential Information, however, does not include: (a) information that Microsoft Mobile makes generally available to the public; (b) information that You can demonstrate to have had rightfully in Your possession prior to disclosure to You by Microsoft Mobile; (c) information that is independently developed by You without the use of any Confidential Information; or (d) information that You rightfully obtain from a third party who has been given the right to transfer or disclose it by Microsoft Mobile. You agree to not disclose, publish, or disseminate any Confidential Information to any third party. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. You agree not to use Confidential Information outside the scope of this Agreement for Your own or any third party’s benefit without the prior written approval of an authorized representative of Microsoft Mobile in each instance.
14.2 You further agree that despite any other confidentiality agreements you may have with Microsoft Mobile, Microsoft Mobile will not be responsible for keeping confidential any information You provide to Microsoft Mobile through the use of the Software or any related services. Microsoft Mobile does not accept or consider unsolicited ideas, including but not limited advertising campaigns, promotions, products or technologies, processes, materials, marketing plans or product names. If you still send such materials to Microsoft Mobile regardless of Microsoft Mobile’s policy, Microsoft Mobile makes no assurances that your ideas and materials will be treated as confidential or proprietary.
14.3 The rights and obligations of this section 14 shall remain in force for five years from the date of the disclosure of Confidential Information.
15. No warranties.
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE FUNCTIONS CONTAINED IN THE SOFTWARE MAY NOT 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.
You agree to defend and indemnify Microsoft Mobile from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) Your breach of this Agreement, (ii) Your infringement or violation of any intellectual property, other rights or privacy of a third party, and (iii) misuse of the Software by a third party where such misuse was made available by Your failure to take reasonable measures to protect Your username and password against misuse.
17. Limitation of Liability.
MICROSOFT MOBILE, ITS EMPLOYEES, LICENSORS, OR AFFILIATES ARE NOT LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SOFTWARE, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY 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 OR THE SOFTWARE, EVEN IF MICROSOFT MOBILE OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF LIABILITY, BUT ALLOWS LIABILITY TO BE LIMITED, THEN THE MAXIMUM LIABILITY OF MICROSOFT MOBILE, ITS EMPLOYEES, LICENSORS, OR AFFILIATES IS U.S. $50. NOTHING CONTAINED IN THIS AGREEMENT LIMITS MICROSOFT MOBILE’S LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM MICROSOFT MOBILE’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
18. Export Control.
The Software may be subject to export control restrictions of various countries. You shall fully comply with all applicable export license restrictions and requirements as well as with all laws and regulations relating to the importation of the Software and/or Applications and shall procure all necessary governmental authorizations, including without limitation, all necessary licenses, approvals, permissions or consents, where necessary for the re-exportation of the Software or Applications.
19. Government End Users.
If you are an agency or entity of the government of the United States of America, please be advised that the Software is a "commercial item” under 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation" under 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), the Software (including related documentation) is provided to agencies or entities of the government of the United States: (a) only as a commercial end item; and (b) only pursuant to this Agreement.
20. Miscellaneous Provisions.
20.1 Notices. All notices related to the Software or this Agreement should be delivered to:
MICROSOFT MOBILE OY
20.2 Assignment. You may not assign or transfer any of your rights, benefits and obligations under this Agreement without the prior written consent of Microsoft Mobile, which shall not be unreasonably withheld. Microsoft Mobile may assign or transfer any of its rights, benefits or obligations under this Agreement on an unrestricted basis.
20.3 Severability. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
20.5 Governing law and dispute resolution. This Agreement is governed by the laws of Finland. All disputes arising from or relating to these Terms 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.
20.6 Entire Agreement. This is the entire agreement between Microsoft Mobile and You relating to the Software, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Software. Microsoft Mobile may modify this Agreement at any time without prior notice. If the changes are material, Microsoft Mobile will provide a separate notice advising of such change. In order to continue using the Software, You must accept and agree to the new terms of this Agreement; otherwise, you will have terminated this Agreement.
20.7 Trademarks. The Microsoft word mark and logo are trademarks or registered trademarks of Microsoft Corporation, and the Nokia word mark and logo are trademarks or registered trademarks of Nokia Corporation, and all rights are reserved by the respective trademark owners. The Software includes JavaTM ME technology. Java and all Java-based marks are trademarks or registered trademarks of Oracle Corporation. Other product and company names mentioned in the Software may be trademarks or trade names of their respective owners.