Nokia N900 User Giude page 135

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.
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
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Product and safety information 135
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 competent jurisdiction. Arbitration shall be conducted on an individual, not class-wide
basis, and no arbitration shall be joined with an arbitration involving any other person
or entity.
13.2 Validity
The Terms shall neither exclude nor limit any of your mandatory rights in your country
of residence. If a provision of the Terms is found to be invalid, the validity of the remaining
provisions shall not be affected and the invalid provision shall be replaced with a valid
provision that comes closest to the result and purpose of the Terms. If there is any conflict
between these Ovi Service Terms and the Privacy Policy, the provisions of these Ovi Service
Terms shall prevail. The provisions of the Terms that are intended to survive termination
shall remain valid after any termination.
13.3 Changes in Terms
Nokia reserves the right to modify the Terms at any time without prior notice. If the Terms
are changed in a material, adverse way, Nokia will provide a separate prior notice
advising of such change.
You are responsible for regularly reviewing the Terms. Your continued use of the Service
shall constitute your consent to any changes and modifications.
13.4 Links to Third Party Sites and Content
For your easy accessibility Nokia may include links to sites on the Internet that are owned
or operated by third parties and that are not part of the Service. Upon following a link to
such a third-party site, you shall review and agree to that site's rules of use before using
such site.
You agree that Nokia 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