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Legally Binding Commitment Not to Assert Nokia Patents against the Linux Kernel


Patent Statement


Nokia hereby commits not to assert any of its Patents (as defined herein below) against any Linux Kernel (as defined herein below) existing as of 25 May 2005. The aforesaid non-assertion shall extend to any future Linux Kernel to the extent that Nokia does not declare any new functionality embodied in such Linux Kernel to be outside the scope of this Patent Statement. Nokia shall issue such declaration through its website no later than one hundred and twenty (120) days after the official release of such Linux Kernel.

Both of the aforesaid non-assertion commitments are subject to the condition that the party relying on any such commitment and its Affiliates do not assert any of their patents, or patents they control or have a third party assert any patent, against any Linux Kernel.

Nokia's Patent Statement is not an assurance that any of its Patents validly covers the Linux Kernel, is enforceable, or that the Linux Kernel does not infringe patents or other intellectual property rights of any third party.

No other rights except those expressly stated in this Patent Statement shall be deemed granted or received by implication, or estoppel, or otherwise.

Definitions:


"Affiliate"
of a party means any legal entity greater than fifty percent (50%) of whose outstanding shares or securities representing the right to vote for the election of directors or other managing authority are, or greater than fifty percent (50%) of whose equity interest is, now or hereafter, owned or controlled, directly or indirectly by that party, but only as long as such ownership or control exists.


"Nokia"
means Nokia Corporation and its Affiliates.

"Linux Kernel"
means any version of the Linux kernel which (i) is released as "stable version", (ii) is licensed under the "GNU GENERAL PUBLIC LICENSE Version 2, June 1991 for the Linux operating system" and (iii) has been published by the Kernel.org Organization, Inc on its Linux Kernel Archive website at www.kernel.org.

"Patent"
means any such claims, including without limitation, method and product claims, of any and all patents and patent applications with a priority date of 31 December 2005 or earlier, now owned or hereafter acquired by Nokia, which are infringed by any Linux Kernel that exists as of 25 May 2005 or by any functionality embodied in any future Linux Kernel to the extent that Nokia has not declared as described hereinabove such functionality to be outside the scope of this Patent Statement. For the avoidance of doubt, Patent shall not include any claims for enabling technologies that are not themselves embodied in the Linux Kernel (e.g., without limitation, hardware or semiconductor manufacturing technology as such).

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