Nokia NSERIES N97 User Manual page 66

The Service is provided on "AS IS" and "AS AVAILABLE"
basis. Nokia does not warrant that the Service will be
uninterrupted or error or virus-free. No warranty of any
kind, either express or implied, including but not
limited to warranties of title or non-infringement or
implied warranties of merchantability or fitness for a
particular purpose, is made in relation to the
availability, accuracy, reliability, information or
content of the Service. You expressly agree and
acknowledge that the use of the Service is at your sole
risk and that you may be exposed to content from
various sources.
Except for liability for death or personal injury caused
by gross negligence or intentional misconduct, Nokia
shall not be liable for any direct, indirect, incidental,
punitive or consequential damages caused by the use
or inability to use the Service.
12. Indemnification
You agree to defend, indemnify and hold harmless
Nokia from and against any and all third party claims
and all liabilities, assessments, losses, costs or
damages resulting from or arising out of i) your breach
of the Terms, ii) your infringement or violation of any
intellectual property, other rights or privacy of a third
party, iii) misuse of the Service 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.
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13. Miscellaneous
13.1 Choice of Law and Arbitration
Except where prohibited by applicable law or provided
otherwise herein, the Terms shall be governed by the
laws of Finland without regard to its conflict of law
provisions.
If you are a US resident the following paragraph shall
apply: The Terms shall be governed by the laws of New
York without regard to its conflicts of law provisions.
Any dispute relating to these Terms or the Service shall
be submitted to binding arbitration in Westchester
County, New York within eighteen (18) months of the
date the facts giving rise to the suit were known, or
should have been known, by the complainant, except
that Nokia may seek injunctive or other relief if you
have violated or threatened to violate any intellectual
property rights. All matters relating to arbitration shall
be governed by the Federal Arbitration Act (9 U.S.C. §1
et. seq.). Arbitration shall be conducted by a single
arbitrator under the then prevailing Wireless
Arbitration Rules of the American Arbitration
Association ("AAA"), Each party must submit any claim
which would constitute a compulsory counterclaim in
litigation or such claim shall be barred. No award of
exemplary, special, consequential or punitive damages
shall be permitted. The losing party, as determined by
the arbitrator, shall pay the arbitration fees. The
arbitrator's award shall be binding and may be entered
as a judgment and enforceable in any court of