Terms

REGISTERED DEVELOPER TERMS OF USE for Nokia API Developer Portal

0. DEFINITIONS

Affiliate means with respect to any legal entity (person, corporation, organization, educational institution or other legal entity) any other legal entity, controlling, controlled by or under common control with the subject entity.

Nokia means Nokia Solutions and Networks Oy, a Finnish company, having offices at Karaportti 3, FI-02610 Espoo, Finland.

Nokia API Developer Portal (NADP) which includes Materials and the Nokia application development sandbox (“Sandbox”) on which developers may test developed applications.

API or APIs means an application programming interface related to Nokia’s products and solutions furnished or made available by Nokia through NADP.

Application(s) means any software application created by You using APIs that are provided through NADP.

Nokia API Server (NADP Server) means specific equipment offered by Nokia that is primarily adapted to expose the underlying services.

Effective Date means the date on which you are authorized as a user of NADP having received your credentials and/or Key to access NADP from Nokia.

Export Laws include the Export Administration Regulations, the International Traffic in Arms Regulations, economic sanctions programs implemented by the Office of Foreign Assets Control, and any other export control or sanctions laws or regulations of the United States or any other country applicable to Your use of NADP and the Materials.

Forum means the question and answer support area on NADP where users may ask questions, receive answers to questions and provide input and comments as appropriate.

Intellectual Property Rights means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.

Key means the definition as set forth in Section 3.

Mark(s) means Nokia’s or Your trademark, name and/or logo.

Materials means information, documentation, specifications, sample APIs, software, software development kits (SDKs), Forum and other content (including without limitation content delivered via the Services) which are made available to You in NADP.

Privacy Policy means the definition as set forth in Section 6.

Registered Developer means You and/or the legal entity (person, corporation, organization, educational institution or other legal entity) who has successfully completed the registration process for access to NADP and may use Materials subject to the terms of this TOU.

The terms “You”, “Your”, “Yours” or “Yourself” as used in this TOU are all interchangeable terms referring to the Registered Developer.

Service means NADP technical support services delivered via the question and answer forum known as NADP Forum within NADP per the applicable Service Level Agreement attached in Schedule A.

Service Level Agreement means NADP technical support services agreement describing the service offering, attached as Schedule A.

Storyboard means a depiction of a Use Case using images or text or other content or the combination thereof used to communicate a Registered Developer’s plan(s) to utilize the Nokia APIs in innovative ways.

TOU means the terms and conditions of service specified herein together with the Privacy Policy and all other additional terms and information that may be provided within the Service (including any posted guidelines, or other ancillary material) for Your use of Materials and development of Your Application, as updated by Nokia from time to time.

Use Case(s) means scenario(s) or instance(s) whereby the Registered Developer plans to implement the Nokia API in a developed application or applications in interesting and innovative ways.

1. ACCEPTANCE

Nokia provides Nokia API Developer Portal (a) to enable You to access Materials or download software, APIs, information, documentation and other content for the purposes of developing Applications that interface with Nokia products and equipment and (b) for utilization of the Sandbox for the purpose of developing and testing Your Applications. Additionally, there is a question and answer forum (“Forum”) for support services.

By accessing NADP in any way or by clicking the “I accept” button at the end of this TOU, You accept and agree to the TOU on Your own behalf and, if applicable, on behalf of Your company, organization, educational institution, or other entity as its authorized legal representative. You further agree that You have the right and authority to enter into the TOU on Your own behalf or

if You are entering into the TOU on behalf of Your company, organization, educational institution, or other entity, that You have the right and authority to legally bind such company, organization, educational institution, or other entity to the terms and obligations (including but not limited to the granting of intellectual property rights) of the TOU.

Should You object to any terms or conditions of the TOU or any subsequent modifications thereto, or become dissatisfied with NADP in any way, Your only recourse is to immediately discontinue use of NADP. Nokia has the right, but is not obligated, to strictly enforce the TOU. Nokia may do this through any available means, including but not limited to self-help, community moderation, active investigation and litigation.

2. MODIFICATIONS

Nokia reserves the right, at its sole discretion, to change, modify or otherwise alter the TOU at any time. Such modifications shall become effective immediately when they are posted on NADP. You must review the TOU on a regular basis to keep Yourself apprised of any changes. You can find the most recent version of the TOU at http:// developer.nokia.com.

3. ACCESSING NADP

To retain access to Materials, You must comply with these TOU all registration instructions and keep your developer account up to date and all required information accurate by updating information as necessary on http:// developer.nokia.com.

Upon successful completion of registration and if Nokia accepts You as a program participant, You will be issued one or more unique credentials (collectively, “Key(s)”) for accessing the NADP Materials and for managing Your account.  You may only access Your account with the Key issued to You by Nokia.  Access may not always be available. You may not sell, transfer, sublicense or otherwise disclose Your Keys to any other party. You are responsible for maintaining the secrecy and security of Your Keys. You are fully responsible for all activities that occur using Your Keys, regardless of whether such activities are undertaken by You or a third party. You are responsible for maintaining up-to-date and accurate information (including a current email address and other required contact information) for Your account.  Failure to do so may jeopardize Your continued access to NADP.

You may stop using NADP at any time by requesting the removal of Your Key(s) through NADP or by contacting Your Nokia representative. Upon providing such request, You must discontinue using any Keys immediately, and Nokia will process Your request to remove Your Key(s).

Nokia shall have the right in its sole discretion to refuse, delete or remove any of Your Keys for any reason at any time. Nokia may occasionally release subsequent versions of NADP Materials that you may have previously accessed; if it does so, Nokia will so indicate on NADP.

4. LICENSE GRANTS

4.1 You agree that Nokia or its third-party licensors own and retain full ownership rights in Materials and all Intellectual Property Rights therein. No rights or licenses are granted to You or to Your end-user customer, directly or indirectly, whether impliedly or under any theory of estoppel, under any Intellectual Property Rights of Nokia or of any third party except those expressly set forth in this section 4 or in third party agreements associated with Materials provided however that in no case are any rights or licenses granted to You or to your end-user customer, directly or indirectly, whether impliedly or under any theory of estoppel, under any Nokia patent. Should You or your end-user customer desire a license under Nokia patents you should contact Nokia to obtain a separate written agreement for such a license.

4.2 You have a nonexclusive, personal, time limited, non-transferable, non-assignable, non-sub licensable right under Nokia’s and its third-party licensor’s copyrights and trade secrets to use, reproduce, copy, display and modify the Materials, including APIs solely for the purposes of:

(i) creating Your Applications;

(ii) testing Your Applications in the Sandbox;

(iii) displaying Your Applications to Your prospective end-user customers for non-commercial demonstration purposes only;

(iv) permitting Your end-user customer to use Your Applications for non-commercial demonstration purposes only; and

(v) distributing Your Application to Your end-user customer solely for non-commercial demonstration use of Your Application in conjunction with products supplied to Your end-user

customer by Nokia so long as You distribute Your Application subject to an End-User License Agreement (EULA) that contains, at a minimum, the following:

1. The Application that includes the Nokia Material is licensed, not sold;

2. Title does not pass to the end-user customer;

3. The end-user will not make any copies of the Application except as required for back-up and archival purposes or otherwise permitted under applicable law;

4. Each license granted to an end-user customer shall be a non-exclusive time limited license to use the Object Code version of the Software for non-commercial demonstration purposes only;

5. Requirement for protection of the Application containing Nokia’s Materials under terms and conditions similar to the terms and conditions in this TOU;

6. A limitation of liability similar to the limitation of liability set forth in this TOU; and

7. An export control notice similar to the Export Control subsection in this TOU.

4.3 You may not download, copy or disclose to any third party any of the Materials. This obligation shall survive any termination or expiration of this TOU.

4.4 You acknowledge and agree that if You should wish to use any Materials for purposes other than as permitted by this TOU, You must enter into a separate written agreement for those purposes. For clarity, any commercial use of Materials require a separate written agreement with Nokia.

4.5 The licenses granted begins upon the Effective Date and shall terminate automatically without any further action as of the date (i) You cease to be registered with NADP and have no active Key in your possession or control, or (ii) You are, in Nokia’s sole discretion, otherwise in violation of this TOU.

4.6 You grant to Nokia and its Affiliates a nonexclusive, royalty-free, perpetual, worldwide, license to use, reproduce, copy, demonstrate, display and modify each Application(s) to customers and prospective customers of Nokia and at trade shows using the Sandbox server or other appropriate platform.

4.7 You acknowledge and agree that Your sharing of Use Case(s) and/or Storyboard when registering for access to NADP shall not be construed to limit Nokia’s right to develop independently from you, or to acquire from others, software or products. You acknowledge and agree that Nokia may currently or in the future be developing use cases and other information internally, or receiving information from other parties, that is similar to Your Use Case(s) and/or Storyboard and that, accordingly, nothing in this Agreement shall prohibit Nokia from developing or having developed for it software, products, concepts, systems or techniques that are either similar to or compete with the software, products, concepts, systems or techniques contemplated or suggested by or embodied in Your Use Case(s) and/or Storyboard. Nokia shall be free to use the Use Case(s) and/or Storyboard You provide for any purpose without limitation.

5. AUDIT; INDEPENDENT DEVELOPMENT; IMPROVEMENT OF NADP

In the event that Nokia determines that there is a need to audit Your compliance with these terms, upon reasonable prior notice to You, You will in such a case make commercially reasonable efforts to provide Nokia with access materials related to Your use of the NADP Materials (s) as reasonably requested by Nokia to verify Your compliance with the TOU.

You agree that Nokia may contact You regarding the status of Your account or Your use of NADP or to notify You of events or scheduled maintenance that may affect Your use of NADP. You understand and acknowledge that Nokia may be independently creating applications, content and other products or services that may be similar to or competitive with Your contemplated Application and its content, and nothing in the TOU will be construed as restricting or preventing Nokia from creating and fully exploiting such applications, content and other items, without any obligation to You.

If You submit or provide suggestions related to NADP or any Nokia product or services or improvements (“Feedback”) to Nokia, You irrevocably assign to Nokia all right, title and interest throughout the world in the Feedback without the right to any compensation or royalties

from Nokia and You waive any moral rights you may have in the Feedback. Further, you irrevocably waive and agree never to assert any claims against Nokia or any of Nokia’s successors in interest with respect to Feedback you submit or provide to Nokia.

6. PRIVACY AND INFORMATION DISCLOSURE

The TOU and Your use of NADP signifies Your acknowledgement of and agreement to the Nokia  Privacy Policy (“Privacy  Policy”) and any additional privacy information made available to You govern the use of Your personal data.  The Privacy Policy is available at company.nokia.com/privacy.

You may use features in the NAPD that may enable You to share Your location, status, content, material, submissions or personal information or to interact with other Users, sites and services. By using these features You agree that Nokia may use and provide that information to other services and persons with whom You choose to interact or share this information. Users of these Services and persons, such as Your contacts, may see Your location, status or personal information. Any interaction using such features does not involve Nokia and is solely between You and the other user(s) of the Services.

You acknowledge, on Your own behalf  and, if applicable, on behalf of Your company, organization, educational institution, or other entity as its authorized legal representative that Nokia Corporation is the controller of the personal data of any users of the NAPD. Personal data of NAPD shall be processed by Nokia in accordance with Nokia Privacy Policy and additional privacy information made available in relation to NAPD.

To the extent required under applicable law, You will notify users and obtain their consent to disclose their data to Nokia in relation to NAPD.

In this clause the terms “personal data”, “processing”, “controller” shall have the meanings ascribed to them in the EU Data Protection Directive 95/46/EC (and as of 24 May 2018 as ascribed to them in the EU General Data Protection Regulation 2016/679/EU).

7. CONDUCT

You warrant and represent that You will not use NADP, including the Forum, in any manner that:

  • is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
  • is pornographic;
  • harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
  • is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
  • infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary rights of another;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupts the normal operation of NADP or that otherwise negatively affects the ability of others to use NADP;
  • requests location information or anyother information for any user of the Serviceother than as authorized by such other user;
  • circumvents or modifies any Keys or other security mechanism employed by Nokia or NADP;
  • impersonates any person or obtains access to any location information or other information without authorization;
  • uploads, posts, emails or transmits or otherwise makes available messages that promote pyramid schemes, chain letters, disruptive commercial messages or advertisements, or anything else prohibited by law.

Nokia may but has no obligation to, monitor or moderate any content or submission to NAPD; remove any content or submission material from the NAPD; and restrict access to any part of the NAPD at any time in its sole discretion.

8. DISCONTINUANCE OF NADP; MODIFICATION AND/OR REMOVAL OF MATERIALS

You agree that Nokia, in its sole discretion, has the right (but not the obligation) to delete or deactivate Your account/registration, block Your email or IP address, or otherwise terminate Your access to or use of NADP for any reason, including, without limitation, if Nokia believes that You have acted inconsistently with the letter or spirit of the TOU. Our Rights, Your obligations or the provisions which, by their nature would continue beyond termination of Your access to NADP and shall survive and continue after any termination of Your access to NADP.

You acknowledge that Nokia reserves the right at any time to modify or discontinue NADPL (or any part thereof) with or without notice.

9. PROPRIETARY RIGHTS

You agree that Nokia may use Your Marks for NADP and related promotional materials. Any use of Your Marks shall be in accordance with Your applicable usage policies supplied to and accepted by Nokia. You shall not use any Nokia Marks whatsoever except in accordance with written usage policies supplied to you by Nokia. You will not remove or obscure any copyright or trademark notices or other similar notices or markings or legends from the Materials.

10. EXPENSES AND COMPENSATION

Each of You and Nokia will be responsible for its own costs, expenses and liabilities in performing its obligations under the TOU. Neither You nor Nokia will be entitled to reimbursement for such costs or expenses from the other except as specifically provided in a separate agreement.

11. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF NADP AND THE MATERIALS, INCLUDING APIs IS ENTIRELY AT YOUR OWN RISK. NADP IS PROVIDED BY NOKIA ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED BY NOKIA (ALSO ON BEHALF OF ANY THIRD PARTY PROVIDERS OF MATERIALS) TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NOKIA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF NADP, OR ANY OF ITS PARTS. TO THE FULLEST EXTENT PERMITTED BY LAW, NOKIA DISCLAIMS ANY WARRANTIES FOR OTHER WEBSITES OR GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON NADP OR ACCESSED THROUGH ANY LINKS ON NADP. TO THE FULLEST EXTENT PERMITTED BY LAW, NOKIA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH NADP. NOKIA MAKES NO WARRANTY THAT NADP, MATERIALS OR ANY OTHER INFORMATION OBTAINED PURSUANT TO THE TOU (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR HAVE KNOWN OR DISCOVERED ERRORS CORRECTED, (iii) WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE, OR (iv) WILL MEET YOUR EXPECTATIONS. ANY NADP INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH NADP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOKIA (OR, INDIRECTLY, FROM ANY THIRD PARTY) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply insofar as they relate to implied warranties, to the extent required by applicable law in that jurisdiction.

12. LIMITATIONS OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW UNDER NO CIRCUMSTANCES SHALL NOKIA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL (INCLUDING LOST PROFITS, LOST REVENUES AND OTHER ECONOMIC LOSSES), SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR WHETHER NOKIA HAS BEEN ADVISED OF THEIR POSSIBILITY, RESULTING FROM ANY ASPECT OF YOUR USE OF NADP AS WELL AS USE OF MATERIALS), WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF NADP, FROM YOUR INABILITY TO USE NADP, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF YOUR RIGHT TO USE OR GENERALLY, ACCESS TO NADP. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF USE OF OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OR ANY LINKS ON NADP, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH NADP OR ANY LINKS ON NADP. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Except for a claim for personal injury proximately caused by Nokia, Nokia’s liability for any claim arising out of the TOU will be limited to actual, provable damages not to exceed one thousand Euros (€1,000.00).

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to You or Nokia, as the case may be, to the extent required by applicable law in that jurisdiction.

13. INDEMNITY

You agree to hold harmless and indemnify Nokia and its Affiliates, and each of their respective officers, agents, employees, licensors, and co-branders, from and against any and all third party claims, suits or actions, and all resulting losses, damages of every kind and nature (actual and consequential), judgments, litigation costs and attorneys’ fees, arising out of Your use of NADP and the Materials, Your violation of the TOU, Your breach of any of the representations and warranties herein, or Your violation of any rights of another person.

14.   RELEASE AND WAIVER

To the maximum extent permitted by applicable law, You hereby release and waive all claims against Nokia and its Affiliates, and each of their respective officers, agents, employees, licensors and co-branders, from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorney’s fees) of every kind and nature, arising from or in any way related to Your use of the Services.  If You are a California resident, You waive Your rights under California Civil Code Section 1542 which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You acknowledge that any fact relating to any matter covered by this release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact.  In addition, You expressly waive and relinquish any and all rights and benefits which You may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

15. NO WAIVER

Nokia’s failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.

16. DAMAGES

In the event of Your breach of the provisions of the TOU, You agree Nokia retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof. Nokia shall not be required to post any bond or other security.

17. EXPORT CONTROL

In connection with Your permitted use of NADP and the Materials, You agree that You will not use, distribute, export, re-export, transfer, or transmit the Nokia confidential information (even if incorporated into other items) in violation of Export Laws.

18. GENERAL

NADP has been developed exclusively at Nokia’s expense, and the Materials have been developed exclusively at the expense of the owners of the Materials.  Accordingly, any use, duplication and disclosure of NADP or Materials by or for the United States Government are subject to the restrictions set forth in the TOU. If any provision of the TOU is determined to be invalid, illegal or unenforceable, then the remaining provisions of the TOU remain in full force, if the essential terms and conditions of the TOU for each of Nokia and You remain valid, legal and enforceable.  If any court determines that any provision of the TOU is invalid, illegal or unenforceable, the court has the power to fashion and enforce another provision (instead of the provision held to be invalid, illegal or unenforceable) that is valid, legal and enforceable and carries out the both Your and Nokia’s intentions under the TOU.

Neither You nor Nokia shall have the power to bind the other by any guarantee or representation that it may give, or to incur any debts or liabilities in the name of or on behalf of the other. The parties acknowledge and agree that nothing contained in the TOU shall be deemed or construed to constitute or create a partnership, association, joint venture or other agency.

19. NO ASSIGNMENT

Nokia and You have entered into the TOU in contemplation of personal performance, each by the other, and intend that the TOU and/or the licenses and rights granted hereunder not be assigned, provided however, Nokia’s rights, licenses, obligations, title and interest in the TOU may be assigned, in whole or in part, to (i) any Affiliate of Nokia or (ii) any direct or indirect successor to all or any portion of the business of Nokia and its Affiliates, which successor shall thereafter be deemed substituted for Nokia as the party hereto, effective upon such assignment. Except as set forth in this paragraph, the TOU (or any licenses, rights or obligations hereunder) shall not be otherwise assignable or transferable (in insolvency proceedings or otherwise) by either party without the express written consent of the other party. Any purported assignment in violation of this shall be void.

20. REVIEW

You acknowledge that You have had sufficient time to have the TOU reviewed by counsel and, therefore, a court shall not construe the TOU or any provision hereof, against any party as drafter, and any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to the TOU.

21. NOTICES

Nokia may provide you with notices, including those regarding changes to the TOU, by email, regular mail, or postings on NADP.

22. APPLICABLE LOCAL COUNTRY LAW

You acknowledge that if and to the extent that any mandatory provisions of law to which You are subject in Your jurisdiction conflict with the provisions of the TOU, then you shall be governed by those mandatory provisions of local law to the extent of such conflict.

23. ENTIRE AGREEMENT

The TOU constitutes the entire agreement between You and Nokia and governs Your use of NADP superseding any prior agreements between You and Nokia relating to the subject matter of the TOU and merges all prior discussions. The TOU and the relationship between You and Nokia shall be governed by the laws of of Finland, without regard to its conflict of law provisions. You and Nokia agree to submit to the personal and exclusive jurisdiction of the courts located in Helsinki, Finland. The failure of Nokia to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action of Yours arising out of or related to use of NADP or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

SCHEDULE A - Service Level Agreement

I. NADP Availability and Performance

A. Availability of NADP

Nokia will provide Technical Support Services in accordance with the TOU.

Nokia will notify You where possible in advance of any planned outages of NADP. Nokia will endeavor to notify You of any unplanned outages of NADP, and again when an unplanned outage is resolved.

B. TECHNICAL SUPPORT (TS)

Web and email Help through NADP Forum:

TS is provided eight hours a day, five days per week through NADP Forum. NADP Forum is a collaboration location on NADP where developers ask questions, make comments and request support. Nokia’s staff monitors the NADP Forum and provides assistance.

TS Response Objectives:

1. NADP personnel will usually respond to Forum submitted verified requests for assistance within 48-hours of receiving the request.

2. Nokia will verify that You are properly registered on NADP and are in full compliance with the TOU.

3. Nokia reserves the right to, in its sole discretion, reject any reported issue as invalid and therefore determine that it need not respond.

TS Restore Objectives:

In each instance, Nokia will within a reasonable time, provide You with an action plan for resolution of verified system issues with NADP.

II. Your Service Obligations

Your Availability

You agree to assign an appropriately-skilled technical support contact to post questions and make comments on the NADP Forum and to interact with Nokia staff.