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 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
92 Product and safety information
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