NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF RECEIVING ANY REWARD OR BENEFIT. THIS PROGRAM IS SUBJECT TO FEDERAL, PROVINCIAL, STATE AND LOCAL LAWS. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PROGRAM IS SPONSORED BY NOKIA CORPORATION ("SPONSOR"). BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THESE OFFICIAL TERMS AND THE DECISIONS OF SPONSOR AND ITS REPRESENTATIVES, WHICH ARE FINAL AND BINDING.
There may be additional third-party terms and conditions applicable to certain parts or features of the Program, all of which terms are applicable to those third-party aspects of the Program if used. You agree to abide by such other terms and conditions as applicable. If there is a conflict between these Terms and the third-party terms applicable to that third-party offering made a part of this Program, then the third-party terms will apply to that third-party offering included in the Program. And if there is a conflict between these Nokia Premium Developer Program for Asha terms and the Nokia Developer Service Terms, then the Nokia Premium Developer Program for Asha terms will govern.
You may not participate in the Program if you do not agree to the Terms, or to any third-party terms and conditions that govern any third-party offering included as part of the Program.
This Program is void where prohibited by law. The following requirements will determine your eligibility to participate in the Program:
2.1. You must be of the age of majority in the jurisdiction where you reside;
2.2. You must have a valid Nokia account and be registered with the developer.nokia.com site;
2.3. You must have at least two qualifying applications currently published in a mobile application store or marketplace (e.g., Nokia Store, Windows Phone Store, Google Play, BlackBerry World, Apple App Store). For applications to be considered “qualifying,” they must be built in the native development environment applicable for the store or marketplace where they are published. For the sake of clarity, applications that merely contain a web launcher, shortcut or a web browser are not considered as qualifying applications for the purposes of the Program;
2.4. You must agree to develop (or have developed) and publish one or more qualifying full-touch applications in Nokia Store that target Nokia full-touch Asha devices (Nokia Series 40 Developer Platform 2.0 or Nokia Asha Platform 1.0 compatibility), built using Java SDK’s or Nokia Web Tools 2.3 or 3.0 (hereinafter, "Full Touch App(s)"). Very simple web apps built using the Xpress Web App Builder 1.0 may not qualify;
2.5. To the extent you have not already done so, you must register as publisher in the Nokia Store in order to publish your qualifying Full Touch Apps(s); and
2.6. You must register for and accept any third-party terms applicable to use such third-party offering included in the Program if you intend to use that third-party offering.
Your eligibility to participate in the Program is subject to third-party validation that you meet the requirements. In the event Sponsor later determines, in its sole discretion, that you do not meet the Program requirements, your participation in the Program may be terminated by Sponsor. Decisions of Sponsor are final and binding, without right of appeal, in all matters relating to the Program.
3. Participation Period; Limitations
Your participation in the Program will begin on the date of your acceptance by Sponsor into the Program. Your participation period will expire one year after your acceptance, including expiry of all associated benefits except as otherwise stated herein.
Your participation in the Program may be terminated in its entirety for a material violation of the Terms. Your right to use any third-party offering included in the Program may be terminated by that third-party provider for a violation of its applicable terms and conditions. In the event of such third-party service termination, you will have no recourse rights against Sponsor, and you must address your concerns, if any, with the third-party provider.
You are not allowed to resell, transfer, rent, lease, or sublicense your Program benefits, any aspect of the Program, or any of your associated rights. Sponsor reserves the right to discontinue the Program at any time without notice.
4. Fees, Payments, and Taxes
Your participation in the Program is free of charge from Sponsor. However, you are solely responsible for the payment of any tax, levy, customs duty and/or contribution which may result from any devices distributed to you under the Program, or any benefits that may come from your participation.
5. Offerings Included in the Program and Related Rules
The Program includes one or more of the following benefits:
5.1. A free full touch Nokia Asha device. Upon determination of your eligibility in the Program, you will have the ability to order a full touch Nokia Asha device as offered by Sponsor in its sole discretion. Please allow 4-6 weeks from receipt of order for shipment of merchandise via standard mail, or other method communicated to you. All devices will ship to the postal address that you specify on the order form page. Sponsor is responsible for shipping costs. No P.O. boxes are allowed. Sponsor assumes no responsibility for any postal mail or overnight deliveries returned as undeliverable without a forwarding address. Sponsor disclaims all responsibility for the device after it has been shipped. All devices offered by Sponsor are subject to change without notice and are only available while supplies last. Sponsor reserves the right (without obligation) at its sole discretion, to substitute other full touch Asha devices in the event supplies of the item you ordered are exhausted. No exchanges, returns or refunds on merchandise permitted.
5.2. Two free Nokia supported tech support tickets. Sponsor will issue you two tech support tickets that you may use at any time during your Program period.
5.2.1. Nokia tech support tickets may be used to report issues or ask questions about Nokia Series 40 or Nokia Asha related mobile device development.
5.2.2. You may purchase additional tech support tickets regarding topics covered in Section 5.2.1 during your current Program membership period for a cost of $99 (USD) each.
5.2.3. PLEASE NOTE THAT YOUR TECH SUPPORT TICKETS PROVIDED PURSUANT TO SECTION 5.2.1 WILL EXPIRE AND CAN NO LONGER BE USED IF YOU DO NOT SUBMIT THEM DURING YOUR CURRENT PROGRAM PERIOD. IF YOU BUY ADDITIONAL TECH SUPPORT TICKETS PURSUANT TO SECTION 5.2.2, THOSE ADDITIONAL TICKETS MAY BE USED ANY TIME WITHIN ONE YEAR OF MAKING SUCH PURCHASE AND THEREAFTER WILL EXPIRE.
5.3. Free access to Nokia’s Remote Device Access service. Nokia’s Remote Device Access service allows Program members to test their Full Touch Apps and services remotely on an expanded number of Nokia Asha devices.
5.4. Possible free promotion for qualifying Full Touch Apps in Nokia Store. You may apply to receive free promotion of your Full Touch App in Nokia Store after you publish it in Nokia Store during your Program membership. Because of the limited availability of promotional slots, only selected Full Touch Apps that meet minimum criteria are eligible to receive this promotion. Criteria Sponsor will consider include whether the Full Touch Apps are engaging, have high quality graphics/UI, and really delight the user.
5.4.1. The minimum Full Touch App criteria include the following:
5.4.2. Additional rules and limitations include:
5.5. Possible free credit to advertise your Full Touch App using the Nokia Ad Exchange ("NAX"). By integrating NAX into your applications, you can advertise (e.g., cross-promote) your applications for free within your own collection of apps. In industry parlance, this is known as a "house campaign". By paying for a campaign, you can also advertise your applications in other developers' applications. This is known as a "paid campaign". NAX advertising credit will give you credit toward a paid campaign. Because of the limited availability of NAX advertising credit, only selected Full Touch Apps that meet minimum criteria are eligible to receive this promotion. In order to apply for NAX advertising credit you must publish a new Full Touch App in Nokia Store during your Program membership, and your Full Touch App must meet the minimum criteria identified in Section 5.4.1. All the rules and limitations identified in Section 5.4.2 apply to NAX advertising credit as well.
Notwithstanding the offerings identified in Section 5, you acknowledge and agree that the Program (or aspects thereof) may not be available in all countries and may be provided only in select languages. Aspects of the Program may be network dependent; contact your network service provider for more information. In addition, the Program may not be available during maintenance breaks and other times.
You acknowledge and agree that the form and nature of the Program may change from time to time without prior notice. As part of this continuing development, Sponsor may stop (permanently or temporarily) providing the Program after your membership period expires, or to any potential future members, and that new features within the Program may be added at Sponsor’s sole discretion without prior notice. To the extent new features are added to future forms of the Program, it is left to Sponsor’s sole discretion whether and/or how such new features may be incorporated into your existing membership, if at all.
6. Failure to Develop and Publish, Return of Devices.
If you are accepted into the Program and receive a full-touch Asha device, but thereafter fail to publish a new Full Touch App in Nokia Store within six (6) months of receiving the device, you will be required to return the device you received in good working condition. You agree to return such device to Sponsor by shipping it with any required postage pre-paid to:
Nokia Tampere/Hermia 6
Attention: Head of Device Access Services
Returned devices will be examined by Sponsor, and if they are damaged and not fully functional, then there will be a damages assessment cost to be determined by Sponsor. You may be billed for this cost, not to exceed the retail price of the Asha full-touch device you received as determined at the time of assessment.
If full touch Asha devices are not returned within 30 days after three (3) or more requests by Sponsor for their return, then you consent to the use of collection agencies in the country where you reside to ensure that either the devices are returned, or to collect the retail price of the full-touch Asha device plus an additional penalty charge of $100 USD.
7. Privacy and Information
THE PROGRAM IS PROVIDED BY SPONSOR “AS IS.” SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE PROGRAM OR ANY THIRD-PARTY OFFERING INCLUDED THEREIN, INCLUDING THAT THE PROGRAM OR THIRD-PARTY OFFERING WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, SPONSOR DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
9. Limitations of Liability
EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY OR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, SPONSOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE AND PROGRAM EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. SPONSOR’S LIABILITY IS IN SUCH CASE IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE PROGRAM IS HOSTED AND MADE AVAILABLE FROM FINLAND. IN THE EVENT YOU UTILIZE THE PROGRAM FROM OTHER JURISDICTIONS, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LOCAL LAW.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SPONSOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS 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 THESE TERMS; AND (II) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, OTHER RIGHTS OR PRIVACY OF A THIRD PARTY.
Any notices relating to the Terms must be in writing. Notices will be deemed given by Sponsor when sent to you at the email address or mailing address you provide when registering for the Program. You consent to receive notices by email and agree that any notices Sponsor sends you electronically by email will satisfy any legal communication requirements. You may provide notices under these Terms to Sponsor in writing at the following address: Nokia Asha Developer Program, Keilalahdentie 4, FIN–02150 Espoo, Finland.
If any court of law or tribunal, having the jurisdiction to decide on this matter, rules that any provision of the Terms are invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Sponsor may assign its rights and obligations under these Terms to any corporate parent, subsidiary or company under common control with Sponsor. Additionally, Sponsor may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
14. Export Control
The Program is subject to applicable export control laws in the USA, Finland and other countries, including, without limitation, regulations administered by the US Department of Commerce's Bureau of Industry and Security and the Department of the Treasury's Office of Foreign Assets Control. You agree to abide by these laws and not to transfer or make available, by electronic transmission or otherwise any content, software, encryption or materials subject to restrictions under such laws to a destination prohibited by such laws.
15. DISPUTE RESOLUTION; GOVERNING LAW
Except where prohibited by applicable law, these Terms will be governed by the laws of Finland without regard to its conflict of law provisions. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, will be settled by arbitration under the Rules of Arbitration of the Finnish Central Chamber of Commerce. The arbitral tribunal will be composed of a sole arbitrator located in Helsinki, Finland in English. Nothing in this Agreement will limit Sponsor’s right to seek interim injunctive relief or to enforce an arbitration award in any court of law
The Sponsor of the Program is Nokia Corporation, Keilalahdentie 4, FIN–02150 Espoo, Finland.
Nokia Premium Developer Program for Asha Terms v.1.1