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WAP Copyright Licence

The following terms (as amended from time to time) set out the rights and obligations you will be requested to accept if you seek to download any document contained on this web site for your own use. If you do not understand any of these terms, you should seek assistance from your legal advisor.

Whenever you seek to download a document from this web site, you will be presented with an up to date set of terms and conditions. PLEASE READ THOSE TERMS CAREFULLY AS YOU WILL BE ASKED TO ACCEPT THEM PRIOR TO DOWNLOADING THE REQUESTED DOCUMENT.

  1. DEFINITIONS

    1. In this Licence unless the context otherwise requires:

      "Acceptance Date" means the date on which you accept these terms and conditions and download a Document.

      "Copyright" means the copyright in a Document.

      "Licensor" means Wireless Application Protocol Forum Ltd. a company incorporated in England and Wales (registered no. 3488861), the registered office of which is at Third Floor, Abbots House, Abbey Street, Reading, Berkshire, RG1 3BD, England.

      a "Document" means the information contained in an electronic file which has been published on the Licensorís web site.

      "Works" means works created by you which reproduce a Document or any part of a Document.

  2. LICENCE

    1. The Licensor grants you a non-exclusive royalty free licence to download, reproduce and use the Documents subject to these terms and conditions (the "Licence").

    2. In consideration of the Licensor granting the Licence, you agree to adhere to these terms and conditions.

  3. TERM AND TERMINATION

    1. Your Licence shall commence on the Acceptance Date.

    2. Your Licence will terminate automatically if you fail to comply with any of the terms and conditions of this Licence.

    3. Termination of this Licence does not affect either partyís accrued rights and obligations as at the date of termination.

    4. Upon termination of this Licence for whatever reason, you shall cease to make any use of the Copyright.

    5. All provisions of this Licence, the survival of which are necessary for the interpretation or enforcement of a partyís rights or obligations, shall survive termination of this Licence and shall continue in full force and effect.

  4. USE

    1. You shall not denigrate the integrity of the Copyright and shall not:

      1. remove the copyright notice on a Document or any document reproducing a Document;

      2. vary or remove the title of a Document;

      3. use all or any part of a Document as part of a specification or standard not emanating from the Licensor without the prior written consent of the Licensor; or

      4. do or permit others to do any act or omission in relation to a Document which is contrary to the objectives of the Licensor as stated in its Memorandum and Articles of Association.

  5. COPYRIGHT NOTICES

    1. All Works shall bear a clear notice asserting the Licensorís Copyright. The notice shall use the wording employed by the Licensor in its own copyright notice unless you are otherwise instructed by the Licensor.

  6. WARRANTY

    1. The Licensor warrants to you that it is the owner or licensee of the Copyright.

    2. You hereby undertake to the Licensor that you will, without prejudice to any other right of action which the Licensor may have, at all times keep the Licensor fully and effectively indemnified against all and any liability (which liability shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which the Licensor may suffer or incur as a result of, or by reason of, any breach or non-fulfilment of any of your obligations in respect of this Licence.

  7. INFRINGEMENT

    1. You undertake to notify promptly the Licensor of any threatened or actual infringement of the Copyright which comes to your notice and shall, at the Licensorís request and expense, do all such things as are reasonably necessary to defend and enforce the Licensorís rights in the Copyright.

  8. ASSIGNMENT

    1. This Licence is personal to you, the person downloading the Document or your employer if you have downloaded in the course of your employment.

  9. WAIVER

    1. A failure to exercise or delay in exercising a right or remedy provided by this Licence 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 Licence or by law prevents further exercise of the right or remedy.

  10. GENERAL

    1. The rights and remedies contained in this Licence are cumulative and not exclusive of rights or remedies provided by law.

    2. To the extent that any provision (in whole or in part) of this Licence 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 Licence and the legality and enforceability of the remainder of this Licence shall not be affected.

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

  11. GOVERNING LAW AND JURISDICTION

    1. This Licence shall be subject to, and construed and interpreted in accordance with, English law.

    2. The parties irrevocably submit to the exclusive jurisdiction of the English Courts.

    3. Nothing in Clause 11.2 shall prevent the Licensor applying to the courts of another country for injunctive or other interim relief.

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