“NOKIA PREMIUM DEVELOPER PROGRAM FOR LUMIA” TERMS
(collectively "Service"). These Terms constitute a legal agreement between you and Nokia Corporation including its affiliates
(collectively “Nokia”) defining the rights and responsibilities of you and Nokia with respect to the Service.
There are additional third-party terms and conditions applicable to certain parts or features of the Service, including use and/or purchase of third-party goods or services, and support for the same, all of which terms are applicable to those third-party aspects of the Service 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 Service, then the third-party terms will apply to that third-party offering included in the Service. And if there is a conflict between these Nokia Premium Developer Program for Lumia terms and the Nokia Developer Service Terms, then the Nokia Premium Developer Program for Lumia terms will govern.
You may not use the Service 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 Service.
You must have a valid Nokia account and be registered with the Nokia Developer site in order to use the Service. You must also register for and accept any third-party terms applicable to use such third-party offering included in the Service if you intend to use that third-party offering.
3. Membership Period; Limitations
Your membership in the Service will begin on the date of your successful registration and payment of any fees to Nokia that may be required. Your membership will expire one year after joining, including expiry of all associated benefits, with the exception of any extended benefits that are expressly stated in these Nokia Premium Developer Program for Lumia terms, or in separate third-party terms and conditions that apply to any third-party offering included as part of the Service. To the extent the Service is still being offered, you may renew your membership after the first year pursuant to the applicable terms and offerings found therein at that time.
Your membership may be terminated in its entirety, without right of refund, for a material violation of the Terms. Your right to use any third-party offering included in the Service 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 Nokia (including no right to a refund), 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 membership, any aspect of the Service, or any of your associated rights.
4. Fees, Payment Terms, and Taxes
FEES AND PAYMENT. Participation in the Service requires that you pay a yearly membership fee of $99 (USD) payable by any major credit card accepted by Nokia. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. Nokia assumes no responsibility for the payment of such or any other third-party service fees or charges which will be solely your responsibility. Your membership fee is non-refundable and is required at the time you activate your membership. You must provide current, complete and accurate billing and registration information in order to process your payment and to receive the Services. Nokia may amend the fees associated with this Service at any time for future memberships, including increasing, decreasing or entirely removing such fees. Any change in fees will not be retroactively applied and you will not be charged more, or be entitled to a refund, based on what you paid for your current membership. Nokia may discontinue offering future memberships to the Service at any time.
TAXES. You will be solely responsible for and will pay Nokia for all sales, use, transfer, privilege, excise, and all other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of your membership fees. Nokia will add any such taxes and duties in the processing of your membership fees.
5. Offerings Included in the Service and Related Rules
The Nokia Premium Developer Program for Lumia includes access to the following offerings:
5.1 One year membership to the Microsoft Windows Phone Dev Center. Nokia will issue you a token to be used during your current membership period that you may redeem with Microsoft to activate one year of free Windows Phone Dev Center membership pursuant to Microsoft’s terms and conditions. For new Windows Phone Dev Center members, your membership will begin on the date you redeem your token with Microsoft and register for and enroll in Microsoft’s program. If you already have an existing Windows Phone Dev Center membership, redemption of the token will extend your existing membership by one full year from the date you redeem the token. PLEASE NOTE THAT YOUR TOKEN WILL EXPIRE AND CAN NO LONGER BE USED IF YOU DO NOT REDEEM YOUR TOKEN WITHIN YOUR CURRENT MEMBERSHIP PERIOD.
5.2 One license to Telerik RadControls for Windows Phone. Nokia will issue you a token to be used during your current membership period that you may redeem with Telerik to activate one free license to Telerik RadControls for Windows Phone pursuant to Telerik’s terms and conditions. Your license will include one year of free product updates, unlimited web support from Telerik, and access to all of Telerik’s documentation, online tutorials and other materials related to RadControls for Windows Phone. Your license will begin after you redeem your token with Telerik and receive a license activation email from them Telerik enabling you to download and begin using the Telerik RadControls for Windows Phone. PLEASE NOTE THAT YOUR TOKEN WILL EXPIRE AND CAN NO LONGER BE USED IF YOU DO NOT REDEEM YOUR TOKEN WITHIN YOUR CURRENT MEMBERSHIP PERIOD.
5.3 Membership to the web-based services platform supporting cross-platform application development from Buddy. PLEASE NOTE: The benefits you receive are dependent on when you activate your Buddy membership. It is best to activate your Buddy membership by December 31, 2013 in order to get maximum value from your membership.
5.3.1. IF YOU REDEEM YOUR TOKEN BY DECEMBER 31, 2013, the Buddy service will include unlimited, uncapped access to a suite of APIs and up to 5GB of data storage. Nokia will issue you a token that you must redeem with Buddy by December 31, 2013 to activate your Buddy membership pursuant to Buddy’s terms and conditions. Activation by such date provides you with unlimited, uncapped access to Buddy’s API calls and up to 5GB of data storage. If you exceed more than 5GB of data store with Buddy, you may purchase additional storage from Buddy directly using any major credit card (such as MasterCard, Visa, Discover, American Express) or payment method accepted by Buddy. If you choose not to purchase additional data storage from Buddy, you may still enjoy the Buddy service but your data storage will be capped at 5GB total. PLEASE NOTE THAT YOU MUST REDEEM YOUR TOKEN AND ACTIVATE YOUR BUDDY MEMBERSHIP BY DECEMBER 31, 2013 IN ORDER TO RECEIVE THESE BENEFITS.
5.3.2. IF YOU REDEEM YOUR TOKEN AFTER DECEMBER 31, 2013, the Buddy service will include access to a suite of APIs and up to one million API calls per calendar month. Nokia will issue you a token that you may redeem with Buddy during your current Nokia membership period to activate your Buddy membership pursuant to Buddy’s terms and conditions. If you exceed more than one million API calls per calendar month you may purchase access to additional API calls from Buddy directly using any major credit card (such as MasterCard, Visa, Discover, American Express) or payment method accepted by Buddy. If you choose not to purchase additional API calls, you may still enjoy the Buddy service but your API call access will be capped at one million API calls per calendar month. PLEASE NOTE THAT ACCESS TO YOUR BUDDY MEMBERSHIP RUNS CONCURRENTLY WITH YOUR NOKIA MEMBERSHIP, AND YOUR BUDDY BENEFITS WILL EXPIRE WHEN YOUR CURRENT NOKIA MEMBERSHIP ENDS REGARDLESS OF WHEN YOU ACTUALLY REDEEM YOUR TOKEN WITH BUDDY. THEREFOR YOU ARE ENCOURAGED TO REDEEM YOUR TOKEN WITH BUDDY PROMPTLY TO GET THE MOST BENEFIT FROM YOUR BUDDY MEMBERSHIP.
5.4 Two Nokia supported tech support tickets. Nokia will issue you two tech support tickets that you may use at any time during your current Nokia Premium Developer Program membership period.
5.4.1 Nokia tech support tickets may be used to report issues or ask questions about the following supported items related to Windows Phone development:
- Nokia hardware-specific issues (camera and imaging, video codecs, NFC, PureHD+, Bluetooth, overall SW performance on Nokia Lumia devices, and memory issues);
- HTML5 on Nokia Lumia devices;
- Use of the Nokia on-device services (i.e., App2app APIs); and
- Issues encountered when porting WP7.x apps to WP8 for Nokia Lumia devices.
5.4.2 Additional tech support tickets regarding topics covered in Section 5.4.1 may be purchased during your current Nokia Premium Developer Program membership period for a cost of $99 (USD) each.
184.108.40.206.3. PLEASE NOTE THAT YOUR TECH SUPPORT TICKETS WILL EXPIRE AND CAN NO LONGER BE USED IF YOU DO NOT SUBMIT THEM DURING YOUR CURRENT MEMBERSHIP PERIOD. IF YOU RENEW YOUR MEMBERSHIP, YOUR UNUSED, EXPIRED TECH SUPPORT TICKETS FROM A PREVIOUS MEMBERSHIP PERIOD WILL NOT CARRY FORWARD. NOTWITHSTANDING THE FOREGOING, IF YOU BUY ADDITIONAL TECH SUPPORT TICKETS PURSUANT TO SECTION 5.4.2 ABOVE, THOSE ADDITIONAL TICKETS MAY BE USED ANY TIME WITHIN ONE YEAR OF MAKING SUCH PURCHASE AND THEREAFTER WILL EXPIRE.
Notwithstanding the foregoing, you acknowledge and agree that Service may not be available in all countries and may be provided only in select languages. The Service may be network dependent; contact your network service provider for more information. In addition, the Service may not be available during maintenance breaks and other times.
You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice. As part of this continuing development, Nokia may stop (permanently or temporarily) providing the Service after your membership period expires, or to any potential future members, and that new features within the Service may be added at Nokia’s sole discretion without prior notice. To the extent new features are added to future forms of the Service, it is left to Nokia’s sole discretion whether and/or how such new features may be incorporated into your existing membership, if at all.
6. Privacy and Information
In order to continually improve the Service, Nokia may collect certain usage statistics about the Service, including but not
limited to, information about how third-party offerings and the overall Service are being used. In addition, Nokia may share
certain information, such as your Nokia account ID, with third-parties offering elements of the Service in order to implement
that aspect of the Service, allow for redemption of tokens, and allow for the collection of usage statistics.
THE SERVICE IS PROVIDED BY NOKIA “AS IS.” NOKIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OR ANY THIRD-PARTY CONTENT OR OFFERING INCLUDED THEREIN, INCLUDING THAT THE SERVICE OR THIRD-PARTY OFFERING WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR ANY THIRD-PARTY OFFERING, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. YOU EXPRESSLY ACKNOWLEDGE THAT THE USE OF THIS SERVICE IS AT YOUR SOLE RISK AND THAT YOU ARE EXPOSED TO THIRD-PARTY CONTENT FROM VARIOUS SOURCES. EXCEPT TO THE EXTENT PROHIBITED BY LAW, NOKIA 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.
8. Limitations of Liability
EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY OR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, NOKIA, 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 SERVICE 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. NOKIA’S LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE SERVICE IS HOSTED AND MADE AVAILABLE FROM FINLAND. IN THE EVENT YOU ACCESS THE SERVICE FROM OTHER JURISDICTIONS, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LOCAL LAW.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NOKIA, 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; (II) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY, OTHER RIGHTS OR PRIVACY OF A THIRD PARTY; AND (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.
Any notices relating to the Terms must be in writing. Notices will be deemed given by Nokia when sent to you at the email address or mailing address you provide when registering for the Service. You consent to receive notices by email and agree that any notices Nokia sends you electronically by email will satisfy any legal communication requirements. You may provide notices under these Terms to Nokia in writing at the following address: Nokia Premium Developer Program for Lumia, 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.
Nokia may assign its rights and obligations under these Terms to any Nokia corporate parent, subsidiary or company under common control with Nokia. Additionally, Nokia 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.
13. Export Control
The Service 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.
14. 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 Nokia’s right to seek interim injunctive relief or to enforce an arbitration award in any court of law.