# Licence agreement

PLEASE READ THIS LICENCE AGREEMENT CAREFULLY:

This Licence Agreement ("AGREEMENT") is a legal agreement between you (either an individual or an organisation such as a company) and Symbian Ltd ("SYMBIAN").

This licence agreement covers the use of the Symbian EPOC OPL Software Development Kit ("SDK"). The SDK includes "online" or electronic documentation, sample applications, development tools, utilities, computer software, and any printed materials. By installing or otherwise using the SDK, you agree to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, SYMBIAN will not license the SDK to you. In such event, you may not use or copy the SDK, and you must destroy any copies of the SDK in your possession.

This AGREEMENT constitutes the entire agreement and understanding between the parties with respect to its subject matter and replaces all previous written or oral agreements, including all express or implied terms, and all representations between, or undertakings by, the parties with regard to such subject matter. This AGREEMENT cannot be changed except by written agreement between the parties.

PRODUCT LICENCE

The SDK is protected by international copyright laws and treaty provisions, as well as other intellectual property laws and treaties. The SDK is licensed, not sold.

GRANT OF LICENCE

This AGREEMENT grants you the following rights:

a) The non-exclusive and limited right to use one copy of the SDK by you (if you are an individual) or by any employee (if you are an organisation) for the sole purpose of designing, developing and testing software products (“PRODUCTS”) that

i) operate on devices that make use of the SYMBIAN EPOC operating system ("EPOC") as their primary operating system; or

ii) are a software development tool for EPOC; or

iii) utilise, or convert to or from, EPOC file formats.

b) The right to make a single back-up copy of the SDK. You may use the back-up copy solely for back-up and archival purposes.

c) The non-exclusive and limited right to make a single copy of the electronic documentation contained in the SDK solely for the purpose of aiding you in the designing, developing and testing of PRODUCTS.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

a) Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SDK, except and only to the extent that such activity is expressly permitted by applicable law. Notwithstanding this limitation, Symbian will terminate this Agreement if you attempt or have attempted to reverse engineer, decompile, or disassemble the SDK in breach of this provision.

b) Rental. You may not rent or lease the SDK.

c) Redistribution. With the exception of the components of the SDK covered by sections d) and e) below you must not distribute copies of the SDK, or any component of the SDK.

d) Example Code. You may use and modify the source code contained in the \epoc32\wins\c\opl\ directory of the SDK ("EXAMPLE CODE"), but solely for the purpose of designing, developing and testing PRODUCTS and you may distribute source and object code versions of this modified EXAMPLE CODE ("MODIFIED CODE"), provided that you comply with section h) below.

e) Redistributable Components. You may distribute the object code components contained in the \epoc32\release\marm\rel\ and \epoc32\tools\epocinst\ directories of the SDK ("REDISTRIBUTABLE COMPONENTS") provided that you comply with section h) below.

f) Software Transfer. You may not transfer any of your rights under this AGREEMENT.

g) Termination. The AGREEMENT lasts until you terminate it by destroying all copies of the SDK (including any printed materials and media). If you fail to comply with the conditions of the AGREEMENT, then SYMBIAN will terminate the AGREEMENT and you will be required, by the terms and conditions of the AGREEMENT, to destroy all copies of the SDK (including any printed materials and media).

h) Redistribution. You may distribute the MODIFIED CODE and REDISTRIBUTABLE COMPONENTS only as part of a software product ("APPLICATION") that adds significant functionality to the original functionality provided by the EXAMPLE CODE or REDISTRIBUTABLE COMPONENTS provided that:

1. Where the recipient of the APPLICATION is an end user you do not permit your end users further distribution of the MODIFIED CODE or REDISTRIBUTABLE COMPONENTS,

2. Where the recipient of the APPLICATION is a distributor they may further distribute your APPLICATION including any MODIFIED CODE or REDISTRIBUTABLE COMPONENTS provided they comply with all the terms of this AGREEMENT and provided that such MODIFIED CODE or REDISTRIBUTABLE COMPONENTS are only distributed as part of your APPLICATION.

3. You do not use SYMBIAN's trademarks, name or logos on or in relation to your Application or otherwise to market your APPLICATION,

4. You agree to indemnify and hold SYMBIAN harmless from and against any and all damages, losses, costs, claims, expenditure and liability arising out of or related to the use or distribution of your APPLICATION,

5. You agree that SYMBIAN reserves all rights not expressly granted.

6. You agree to include a copyright notice in the Application of equal prominence as any other copyright notice as follows: "This product includes software licensed from Symbian Ltd (c) Symbian Ltd 1999"

UPDATES

UPDATES may be made available by SYMBIAN from time to time. By installing or otherwise using such UPDATES you agree to be bound by any ADDITIONAL TERMS that may accompany such UPDATES. If you do not agree with such ADDITIONAL TERMS you may not install, copy or otherwise use such UPDATES.

COPYRIGHTS AND PATENTS

All title and copyrights in and to the SDK (including but not limited to any images, drawings, text and applications incorporated into the SDK), the accompanying printed materials, and any copies of the SDK, are variously owned by SYMBIAN and SYMBIAN suppliers. You may not copy any printed materials accompanying the SDK. All rights not specifically granted under this AGREEMENT are reserved by SYMBIAN. All patent rights and rights in inventions, in and to EPOC and in and to the SDK that are owned by SYMBIAN are not licensed to you. SYMBIAN reserves its rights to license these rights to you on commercial terms. Commercial production and distribution of PRODUCTS may infringe these rights. You agree to inform any recipient of an Application of the limited scope of rights passed onto it. Symbian reserves its rights to separately license these rights to any recipient of an Application.

DISCLAIMER OF WARRANTY

SYMBIAN PROVIDES NO WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHERE OTHERWISE STATED IN WRITING, SYMBIAN PROVIDES THE SDK "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SDK IS LICENSED TO YOU WITHOUT FEE AND ACCORDINGLY YOU ACCEPT THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SDK IS WITH YOU AND YOU AGREE NOT TO TAKE ANY INCONSISTENT POSITION. SHOULD THE SDK PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF THE SDK AND OF ANY PRODUCT OR APPLICATION.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL SYMBIAN BE LIABLE TO YOU FOR DAMAGES, (WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) INCLUDING ANY LOST PROFITS, LOST MONIES, LOST TIME, LOSSES ATTRIBUTABLE IN WHOLE OR PART TO ANY DEFECTS IN THE DESIGN OR PERFORMANCE OF THE SDK OR ANY PRODUCT OR APPLICATION, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SDK (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THIRD PARTIES OR A FAILURE OF THE SDK TO OPERATE WITH PROGRAMS NOT DISTRIBUTED BY SYMBIAN), EVEN IF SYMBIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. NOTHING IN THIS AGREEMENT LIMITS SYMBIAN'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.