Legal notice

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Disclaimer

Open Source Software and Red Hat Enterprise Linux Operating System

In case:

(i) any “Open Source Software and Red Hat Enterprise Linux Operating System (“FOSS & RHEL”) is packaged separately or integrated with any Nokia Software and to which third party license obligations apply; or,
(ii) any FOSS & RHEL is directly licensed by Customer under a separate license or subscription agreement, and such FOSS & RHEL is interacting or interoperating with any Nokia Software or Product:

information will be available either in the FOSS & RHEL itself or on the website from which the download is available indicating the license under which such FOSS was released, and containing required acknowledgements, legends and/or notices.

It is hereby acknowledged and agreed by the Parties that any FOSS & RHEL is distributed on an “as is” basis under the respective FOSS & RHEL license terms. Nokia will not warrant nor will be liable for, and will not defend, indemnify, or hold Customer harmless for any claims arising out of, or in any case related to FOSS & RHEL and their use (or inability to use) by the Parties. This includes, but is not restricted to, any and all claims for direct, indirect, incidental, special, exemplary, punitive or consequential damages in connection with FOSS & RHEL or its components (whether included in the Nokia Software or not) and their use or inability to use. Also, this includes claims for or in connection with the title in, the non-infringement of or interferences and damages caused to Customer or third parties by FOSS & RHEL.

CUSTOMER SHALL HAVE NO RIGHT TO RECEIVE FROM NOKIA ANY CARE (MAINTENANCE & SUPPORT SERVICES) ON FOSS & RHEL LICENSED BY CUSTOMER UNDER A SEPARATE LICENSE AGREEMENT OR SUBSCRIPTION CONTRACT AND TO WHICH THIRD PARTY LICENSE OBLIGATIONS APPLY WHETHER OR NOT IT INTERACTS WITH ANY NOKIA SOFTWARE OR PRODUCT.

The above shall also apply in case Customer requires - and Nokia accepts under the terms of this Disclaimer to use its reasonable commercial effort to do so - certain installation services on FOSS & RHEL as directly licensed by Customer under a separate license or subscription agreement; and, such FOSS & RHEL are interacting or interoperating with a Nokia Software or Product. For sake of clarity in such a case the following shall also apply:

Before starting any installation service, Customer must instruct Nokia to start such installation and must confirm in writing to Nokia that its FOSS & RHEL license or subscription contract (for RHEL: Red Hat Enterprise Agreement) with Customer includes the right to use of the specific FOSS & RHEL and the related support for all platforms running the FOSS & RHEL; that such subscription and support contract is in force (not expired) and allows such installation activities.
Nokia will not warrant nor will be liable for any cost, expense, damage, and will not defend, indemnify, or hold Customer or any third party harmless for any claims arising out of, or in any case related to FOSS & RHEL (and in connection with the installation activities of such FOSS & RHEL) and their use (or inability to use) by the Customer or by any third party, following the installation of such FOSS & RHEL. This includes, but is not restricted to, any and all claims for direct, indirect, incidental, special, exemplary, punitive or consequential damages in connection with FOSS & RHEL or its components and their use or inability to use.
Nokia will not provide nor will have any liability or obligation to provide any support, maintenance, care service, warranty or indemnity with respect to any (installed) FOSS & RHEL as licensed by the Customer under a separate license agreement or subscription contract.

Any Care service (maintenance and support service) on FOSS & RHEL licensed by Nokia as packaged separately or integrated with any Nokia Software may be made available by Nokia under specific contractual terms to be agreed upon by the Parties.