WINDOWS PHONE 7 SOFTWARE LICENSE TERMS These license terms are an agreement between you and Nokia ( Company ), the party distributing the software and device. These terms apply to the software that came preinstalled on your device, including the media on which you may have received the software. Please read them. The software on this device includes software licensed by Company from Microsoft Corporation or its affiliates. These terms also apply to any Company or Microsoft updates, supplements, Internet-based services, and support services for this software, unless those items are accompanied by specific terms. And if so, those terms apply. As described below, using some features also serves as your consent to the transmission of certain standard computer information for Internet-based services. Please note that by using the software, you accept these terms. If you do not accept the terms, do not use the device or software. Instead, contact Company or the party from which you purchased the device to determine its return policy. WARNING: This software contains technologies requiring user attention. Diverting attention away from the road while driving can possibly cause an accident or other serious consequence. Even occasional, short diversions of attention can be dangerous if your attention is diverted away from your driving task at a critical time. Company and Microsoft make no representations, warranties or other determinations that ANY use of this software is legal, safe, or in any manner recommended or intended while driving or otherwise operating a motor vehicle. If you comply with these license terms, you have the rights below. 1. USE RIGHTS. You may use the software only on the device with which you acquired the software. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Specific Use. Company designed this device for a specific use. You may only use the software for that use. b. Additional License Terms. These license terms apply to all software included with the device. If there are separate license terms provided with any programs that grant additional rights (and that do not expressly conflict with these license terms) you also have those rights.
c. Speech Recognition. The software includes speech recognition component(s). You acknowledge that recognition errors are inherent in the speech recognition process. Neither Company nor Microsoft or their suppliers shall be liable for any damages arising out of errors in the speech recognition process. d. Phone Functionality. All or certain portions of the device software may be inoperable if you do not have and maintain a service account with a mobile operator, or if the mobile operator s network is not operating or configured to operate with the device. e. Windows Phone Update. The Windows Phone Update ( WPU ) feature of your device is designed to periodically check for updates to the software on your device and to notify you when updates are available. During installation of updates, you may not be able to use your device or device services. In certain cases, installation of an update may be required before you are able to use all or certain features of the device or device services. Software updates available through the WPU feature will be governed by these license terms or if the update is to software governed by other existing license terms, then those terms apply. If the update is accompanied by new license terms, then those terms apply. You may only obtain updates to the software from Microsoft or authorized sources. You may be required to install separate software on your computer and to connect your device to that computer in order to obtain updates. Except as may be otherwise noted in the terms accompanying an update or supplement, if you obtain updates or supplements to the Microsoft software directly from Microsoft, Microsoft licenses those to you as described in this section. f. Maps. If map functionality is included in the software, the information provided may include inaccuracies or typographical errors, and local conditions may be different than what is reflected in the map information. Please note, changes are periodically made to map information. Microsoft disclaims any responsibility for any harm resulting from your use of the map information. g. Services. Except as otherwise specified in this agreement, your use of any services on the device may be subject to terms of use or terms of service that may accompany the services and data charges may apply. 3. THIRD PARTY CONTENT AND SERVICES. You may be able to access third-party content, services, Internet-based services and Web sites from the device. Microsoft is not responsible for the quality, content, nature or reliability of third-party content and services accessible via the device, Internet-based services or third party Web sites (including Web sites accessible by hyperlink from the device or Internet-based services). An account with the third party provider may be required in order to use the software or services. The third party s terms of use govern use of the account, software and services. Data about your device may be sent to the third party provider in order to allow the services to be delivered to you. The privacy policy of the third party service governs the collection, use and disclosure of that data. The third party provider may use technical measures to prevent over-usage or to stop usage of the services or software if any limitations set by the third party are exceeded. Company, Microsoft or the third party provider of the services or software may take actions that change, suspend or discontinue the operation of the third party services or software at any time. It is your responsibility to review the privacy policies and terms of use that apply to third party Web sites you visit or to third party content and services you access or subscribe to. Your device may include access to Facebook content and services. If so, the Facebook terms for users are located at: http://www.facebook.com/#!/terms.php?ref=pf.
4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Company and Microsoft reserve all other rights. Unless applicable law gives you more rights, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that allow you to use it only in certain ways. You may not: work around any technical limitations in the software; reverse engineer, decompile or disassemble the software; make more copies of the software than specified in this agreement; publish the software for others to copy; rent, lease or lend the software; or use the software for commercial software hosting services. Except as expressly provided in this agreement, rights to access the software on this device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or other devices that access this device. 5. CONSENT TO INFORMATION COLLECTION. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. Certain features of the software and services connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. By using these features, you consent to the transmission of the information described below. For more information about these features, see the Windows Phone 7 Privacy Statement available at http://www.windowsphone.com/privacy. a. Information Collection. To provide you with the software and services, and to improve and enhance these software and services, Microsoft collects information about service performance, your service use and interactions, software operation errors, and standard information about your software and services. For more information, see the Windows Phone 7 Privacy Statement available at http://www.windowsphone.com/privacy. Microsoft may automatically upload the information described in this Section 5 directly from your device. b. Standard Device Information. Microsoft collects standard information about your device each time you connect to Microsoft Internet-based services and features. Standard device information may include information such as your IP address, operating system version, browser version, phone configuration and capabilities, regional and language settings, and a unique ID associated with your installation of the operating system software and/or applicable applications on the device. In some cases, standard device information may also include hardware ID (e.g., IMEI), the first six digits of your IMSI or other device identifiers which may indicate the phone manufacturer, phone name, version, mobile operator and installed software. If a particular feature or service sends information to Microsoft, standard device information will be sent as well. c. Location Services. The location services sensor on your device is on by default. You can control the location services sensor by going to Settings > location. Location information is sent to Microsoft only if you have enabled location-based services for a particular application. If you have enabled location-based services for a particular application on your device, each time a location request is made by an
application that uses location services, Microsoft will collect information about your location such as available cell tower data, Wi-Fi data and GPS data. This data may include cell tower and Wi-Fi access point identification information (such as MAC address) and their signal strength in relation to your device. d. Zune Content Services. When you use the Zune software feature, Microsoft may collect information about the content you play, the length you play, and the ratings you give. To enrich your experience when playing music on your device, the Zune software on your device will automatically send a request to Microsoft containing standard device information and an identifier for the content you are playing that allows Microsoft to download content such as artist images, bios, and discography. e. Disclosure to Others. Microsoft may access or disclose information about you, your account and/or the content of your communications, in order to: comply with the law or legal process served on us; enforce and investigate potential violations of this contract, including use of services to participate in, or facilitate, activities that violate the law; protect the rights, property, or safety of Microsoft, its employees, its customers or the public; or as otherwise disclosed in our Windows Phone 7 Privacy Statement at http://www.windowsphone.com/privacy. f. Information Storage. Information collected by Microsoft may be stored and processed in the United States or any other country or region in which Microsoft or its affiliates, subsidiaries, or service providers maintain facilities. By using the device or software you consent to any such transfer of information outside of your country or region. Microsoft abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union, European Economic Area and Switzerland. g. Windows Live ID Storage and Profile Information. If you sign up for a Windows Live ID ( WLID ) from your device or if you enter your existing WLID on your device, you understand and agree that your WLID and password ( Credentials ) will be automatically saved and stored on your device. Your Credentials will reside in encrypted form in the phone memory and will be used to authenticate and provide automatic access to Microsoft services that utilize WLID on your device. Information from your WLID profile may be automatically downloaded and stored to your device including: e-mails from your Hotmail account, photos, contacts and calendar items from your Windows Live and/or Messenger accounts, and items associated with your Xbox LIVE profile, such as your avatar, recently played games and gamertag. You are responsible for maintaining the confidentiality of your Credentials, and are fully responsible for all activities that occur using your Credentials. h. Product Validation. Product validation associates the use of the software with a specific device. During validation, the software will send standard device information to Microsoft. For more information, see http://www.windowsphone.com/privacy. You are not permitted to bypass or circumvent product validation. In certain circumstances, you may be prompted to validate the software manually by contacting support and entering a product validation key manually on the device. If you require phone support, service charges may apply. Some changes to your device components or the software may require you to revalidate the software. If Microsoft detects misuse of a product
validation key, Microsoft may revoke the key and you may not be able to continue use of the software or some features of the software. 6. PLAYREADY. Content owners use Microsoft PlayReady content access technology to protect their intellectual property, including copyrighted content. This device uses PlayReady technology to access PlayReady-protected content and/or WMDRM-protected content. If the device fails to properly enforce restrictions on content usage, content owners may require Microsoft to revoke the device s ability to consume PlayReadyprotected content. Revocation should not affect unprotected content or content provided by other content access technologies. Content owners may require you to update PlayReady to access their content. If you decline an update, you will not be able to access content that requires the update. 7. NOTICES ABOUT THE AVC/H.264, VC-1, AND MPEG-4 VISUAL STANDARDS. The software may include AVC/H.264, VC-1 and MPEG-4 visual codec technology. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice: USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE AVC/H.264, VC-1, and MPEG4 VISUAL STANDARDs IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C. If you have questions about the AVC/H.264, VC-1, and MPEG-4 visual standards, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, CO 80206; www.mpegla.com. 8. DIGITAL CERTIFICATES. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros, to verify the integrity and origin of the file contents. 9. NETWORK ACCESS. If you are using a network, such as an employer network, the network administrator may limit features or functionality on your device. 10. PRODUCT SUPPORT. Contact the party from whom you purchased the device for product support options. Refer to the support contact information provided with the device. 11. BACKUP COPY. The device update functionality may automatically make a backup copy of the software. You may use the backup copy only to reinstall the software on the device. 12. PROOF OF LICENSE.
If you acquired the software on the device, or on a disc or other media, a genuine Certificate of Authenticity label with a genuine copy of the software identifies licensed software. To be valid, this label must be affixed to the guide included with your device that contains instructions on how to get started with your device. If you receive the label separately, it is not valid. You should keep the label on the guide, device or packaging to prove that you are licensed to use the software. To identify genuine Microsoft software, see http://www.howtotell.com. 13. TRANSFER TO A THIRD PARTY. You may transfer the software only with the device, the Certificate of Authenticity label, and these license terms directly to a third party. Before the transfer, that party must agree that these license terms apply to the transfer and use of the software. You may not retain any copies of the software. 14. NOT FAULT TOLERANT. The software is not fault tolerant. Company installed the software on the device and is responsible for how it operates on the device. 15. RESTRICTED USE. The software was designed for systems that do not require fail-safe performance. You may not use the software in any device or system in which a malfunction of the software would result in foreseeable risk of injury or death to any person. This includes operation of nuclear facilities, aircraft navigation or communication systems and air traffic control. 16. NO WARRANTIES FOR THE SOFTWARE. The software is provided as is. You bear all risks of using it. Microsoft gives no express warranties, guarantees or conditions. Any warranties you receive regarding the device or the software do not originate from, and are not binding on, Microsoft or its affiliates. When allowed by your local laws, Company and Microsoft exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement. 17. LIABILITY LIMITATIONS. Except for any refund Company may provide, you cannot recover any other damages, including direct, consequential, lost profits, special, indirect or incidental damages. This limitation applies to: anything related to the software, services, content (including code) on third party Internet sites or third party programs, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if repair, replacement or a refund for the software does not fully compensate you for any losses; or Microsoft knew or should have known about the possibility of the damages. Some states, countries or other territories do not allow the exclusion or limitation or incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
18. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.