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OMA Test Code License Agreement

BEFORE DOWNLOADING, INSTALLING, OR EXECUTING THE SOFTWARE, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. DOWNLOADING, INSTALLING, OR EXECUTING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR EXECUTE THE SOFTWARE.

DEFINITIONS
The following definitions apply to the terms as they appear in this agreement.
• OMA means the Open Mobile Alliance Ltd.
• Software means the computer program known as the test suites for XHTML Mobile and WCSS. The term also includes all copies of any part of the computer program.
• Documentation means any printed materials accompanying the Software.
• Product means the Software and Documentation.
• License means this OMA License Agreement.
• Use means loading the Software into RAM or installing it on a hard disk or other storage device. However, installing a copy of the software on a network server for the sole purpose of distributing it to other computers is not “use” for which a separate License is required.

COPYRIGHT/PROPRIETARY PROTECTION
The Product is owned by OMA and is protected by United States and international copyright laws and international treaty provisions. You must treat the Product like any other copyrighted material, except to the extent that this License provides to the contrary. Your right to use the Product terminates automatically if you violate any part of this License. In the event of termination, you must immediately destroy all copies of the Product or return them to OMA.

LICENSE GRANT
This License determines your rights with respect to the Software. You may:
• Use one copy of the Software on a single computer or on a single terminal connected to a single computer
• Create derivative works of the Software (“Derivative Works”), provided that You hereby grant the Open Mobile Alliance a non-exclusive, worldwide, payment-free, royalty-free copyright and patent license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Derivative Works, in source code and object code form.

LICENSE RESTRICTIONS
You may not sublicense, rent, or lease any portion of the Product.
You acknowledge and understand that the Software is not provided for conformance or certification testing.

RIGHTS IN DATA
You hereby assign to OMA all right, title, and interest (including ownership of copyright) in any data, suggestions, and written materials related to your use of the Product which you provide to OMA. If OMA requires it, you will sign an appropriate document to assign such rights.

LIMITATION OF LIABILITY
THIS SOFTWARE IS PROVIDED BY OMA "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT SHALL OMA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

GENERAL
This License constitutes the entire agreement between you and OMA concerning the Product.

You will maintain a record of all copies of the Product and ensure that anyone who uses the Product does so only for your authorized use and complies with the terms of this Agreement.

OMA will not provide product services nor technical support, unless OMA specifies otherwise. OMA shall have no liability for different versions of the Software.

You will not export the Product.

You will reproduce the copyright notice(s) and any other legend of ownership on each copy, or partial copy, of the Product.

This License is governed by the laws of the State of California, U.S.A. You irrevocably submit to the exclusive jurisdiction of and venue in the State of California, U.S.A.
A failure to exercise or delay in exercising a right or remedy provided by this License or by law by a party does not constitute a waiver of the right or remedy or a waiver of those rights or remedies. No single or partial exercise of a right or remedy provided by this License or by law prevents further exercise of the right or remedy.

To the extent that any provision (in whole or in part) of this License is held to be illegal, invalid or unenforceable under any enactment or rule of law, it shall be deemed not to form part of this License and the legality and enforceability of the remainder of this License shall not be affected.

The headings to clauses in this License are for the purpose of information and identification only and shall not be construed as forming part of this License.

No rights are granted for any use of the OMA trademarks, nor for the name "Open Mobile Alliance" or “OMA”, without specific prior written permission from OMA.

U.S. GOVERNMENT RESTRICTED RIGHTS
The Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights clause at C.F.R., 48 C.F.R. § 52.227-19, as applicable.

Any documentation is provided for information purposes only and does not extend or modify this License.

I have read and accept the terms of this License Agreement.