Terms and Conditions for Nokia Developer Services

TERMS OF SERVICE

1. Acceptance

These Nokia Developer Service Terms together with the Privacy Policy (collectively “Terms”) govern your use of the Nokia Developer site(s), Nokia Developer service(s) and/or software(s) (collectively “Service”). These Terms constitute a legal agreement between you and Microsoft Mobile Oy including its subsidiaries and suppliers (collectively “Microsoft Mobile”) defining the rights and responsibilities of you and Microsoft Mobile with respect to the Service.

There may be additional terms and conditions applicable to certain parts or features of the Service, including purchases of goods or services, uploading of applications or other material, contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature.

If there is a conflict between these Terms and the terms posted for or applicable to a specific part of Service or for any service offered on or through Nokia Developer, the latter terms shall control with respect to your use of that part of Service or other specific service. The service specific terms relating to the Remote Device Access Services are contemplated at the end of these Terms.

By using the Service, you agree to these Terms.

2. Eligibility

To use the Service, you must be at least thirteen (13) years of age. If you are under thirteen (13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have your parent or legal guardian to accept your registration and use of the Services on your behalf. Anyone completing the registration must be legally competent.

3. Registration

To use some resources the Service provides, you need to register. Registration may also be needed for specific parts of the Service which may only be available by invitation by Microsoft Mobile.

You agree to provide truthful and complete information when you register, and to keep that information updated.

When you register, you will create a username and a password. You (and your parent or legal guardian, if you are a minor) are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and promptly notify Microsoft Mobile about any misuse.

4. Using the Service

You agree to:

  • Use the Service only for your personal purposes;
  • Not sell or in any other way transfer the benefits of the Service to any third party;
  • Comply with applicable laws, the Terms and good manners;
  • Respect the privacy of others; and
  • Not use any technologies that may harm the Service, other Service users or the interest or property of the Service users.

Microsoft Mobile may but has no obligation to:

  • Monitor or moderate any material or content in the Service;
  • Remove any material from the Service; and
  • Restrict access to any part of the Service at any time in its sole discretion.

5. Software

Downloading and/or using any software, tool or other material available through the Service is subject to the terms and conditions set forth in the Nokia Developer End-User Software Agreement (“EUSA”) attached to the end of these Terms. However, certain software or tools provided by Microsoft Mobile to you through the Service may be accompanied by their own licensing terms, in which case such licensing terms will govern your use of that particular software or tool and in such case the terms and conditions of the EUSA shall not apply.

6. Submissions of User Content

Some parts of the Service allow users to send, post, upload, edit, host, share and/or publish content including, without limitation, text, code, software, applications, images, icons, photographs, graphics, sounds, music, videos, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests, report or the like or any other materials (“User Content”).

You are solely responsible for any submission of User Content and you agree to acquire any consents, permissions or licenses needed as required by these Terms. If your User Content contains a link to content of a third party and if consent is required by applicable legislation or terms of use to create such link, you shall be responsible for acquiring the consent prior to making the User Content available. Upon such submission of any User Content to the Service, for example, in comments, by e-mail, by uploading, linking, SMS, and/or MMS, you will grant Microsoft Mobile a non-exclusive, royalty-free, and free of charge, perpetual, worldwide, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, modify, adapt, create derivative works of, distribute, and display such content or any concept described in it throughout the world in any media, product and/or service, including but not limited to advertising, marketing and promotional materials, and digital reproductions, without compensation, restrictions on use, acknowledgment of source, accountability, or liability, and, to the extent permitted by applicable law, with waiver of all moral rights and rights of attribution, integrity, and identity. Microsoft Mobile may, at its sole discretion, incorporate such User Content into any Microsoft Mobile products or services. You further agree that any document to which you may have contributed may be locked by Microsoft Mobile at any time at Microsoft Mobile’s sole discretion after which you cannot make any modifications or alterations to the User Content.

When other users of the Service access or download your User Content, you also grant to such users a perpetual, worldwide, royalty-free and non-exclusive license to use, reproduce and have reproduced, modify and have modified, publicly perform and display such User Content and distribute reproduced and modified copies of such User Content for their personal and non-commercial use.

By submitting User Content to the Service and using the Service you represent and warrant that:

(a) you own the User Content submitted by you to the Service and/or you have obtained any consents, permission or licenses that may be legally required for you to submit any User Content and grant the license set forth in this section;

(b) User Content does not infringe or misappropriate any patent, copyright, trademark, trade secret or any other intellectual property rights of others;

(c) User Content submitted by you is not unlawful, defamatory, offensive, abusive, inappropriate, libellous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or does not encourage to any illegal activity, criminal offence or civil liability;

(d) User Content submitted by you does not contain a virus, Trojan horse, sniffer, routines, backdoors, robots, spiders, worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features;

(e) you will not submit any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, junk mail, spam, pyramid schemes or any other solicitations or communications, including without limitation spamming us or other users of the Service, or use or collect other users’ e-mail addresses or phone numbers, or other users’ information or postings, or use the site or service to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to our or any Service’s visitor’s computer system;

(f) you agree not to take action against Microsoft Mobile in relation to User Content that you submit; and

(g) your use of the Service will not compromise the security or integrity of Microsoft Mobile’s computer systems, networks, or web site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on the Service or its infrastructure, or using any computer programming routine, file, or device to damage or interfere with the operation of the Services.

Any use of the Service which does not comply with the foregoing is strictly prohibited. Microsoft Mobile expressly disclaims any liability arising out of or relating to the User Content. For written notifications of any User Content which is inappropriate, unlawful, defamatory, offensive, abusive or otherwise unfit for publication please write to us to nokia.store.publisher@microsoft.com stating your full name and address, details of the location of the User Content in question and a detailed explanation why it is inappropriate, offensive or unlawful. Microsoft Mobile may remove any User Content that in the sole judgment of Microsoft Mobile violates the Terms or which may be offensive, illegal or violate the rights of, or harm or threaten the safety of, any person. Microsoft Mobile assumes no responsibility for monitoring the Service for inappropriate User Content or conduct. If at any time Microsoft Mobile chooses, at its sole discretion, to monitor the Service, Microsoft Mobile nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of users.

7. Allegations of Copyright Infringement

You may notify Microsoft Mobile of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to copyright.notices@microsoft.com, (b) by a document titled “Copyright Notification” mailed to Nokia Inc., Copyright Agent, 200 S. Mathilda Ave., Sunnyvale, CA, 94086, USA or (c) via the online form, if available. Your notice must:

(a) identify the original copyrighted work you claim is infringed;

(b) identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for Microsoft Mobile to locate the allegedly infringing content on the Service;

(c) provide your contact information, including your full name, mailing address, telephone number, and email address, if available;

(d) provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(e) provide this statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed.”; and

(f) provide your signature, as applicable.

8. Fees

Your use of the Service may be or may become subject to charges. Any fees charged by Microsoft Mobile will be announced separately in connection with the Service.

9. Purchase and Payment Terms

Anyone completing an order must be legally competent. You agree that all orders placed shall be legally valid and binding. As used here, “order” shall mean the selection of the consultancy and/or support service available in the Service accompanied by the entering and sending of payment method and information, as well as selecting the “buy”, “ok” or “I accept” choice in the purchase order flow, or other indication of acceptance of your order that is presented to you in the purchase order flow. All orders are subject to acceptance by Microsoft Mobile.

You may pay by credit or debit card, or other payment methods if available. Your credit or debit card must have a billing address in the country where the Service is available to enable you to make a purchase. Microsoft Mobile will charge your credit card or debit your bank account within a reasonable time after you have made your purchase. All credit card payments are subject to validation checks and authorisation by the card issuer.

You agree to ensure that the instrument of payment for the payment method used is valid at the time of the transaction, that you are the rightful holder of the instrument and that the instrument is used within its credit limits. You are bound by your electronic order and you agree to pay for related transactions.

The prices in the Service may be subject to change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. 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. Microsoft Mobile assumes no responsibility for the payment of such or any other third party service fees or charges.

10. Cancellations and Refunds

No fee or charge paid by you in relation to the Service is refundable except where otherwise provided in applicable service specific terms.

11. Notices

Microsoft Mobile may post notices within the Service. Microsoft Mobile may also send you notices about the Service to the email address or telephone number you have provided to us. Microsoft Mobile will assume that you have received such notices at the latest within seven (7) days from Microsoft Mobile sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.

12. Intellectual Property Rights

Save for all User Content (as defined in section 5 above), the content on the Service, including, without limitation, images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials (“Content”) are owned and/or controlled by Microsoft Mobile or its respective licensors and are protected under copyright and other intellectual property right laws. All trade names, trademarks and service marks appearing on the Content are the property of Nokia, Microsoft Mobile, or respective third parties. This Agreement does not grant you any rights to use the Nokia or Microsoft Mobile name or to use any trademarks of Nokia or Microsoft Mobile. Any rights not expressly granted herein are reserved.

All Content is for your application development purposes and for your personal use only and may not be used, modified, reproduced, transmitted, published, sold, licensed or distributed to any third parties as such or in combination with any applications if the Content would constitute the primary value of the product being distributed, or exploited in any other way without the written consent of Microsoft Mobile or the respective right holder.

Microsoft Mobile also permits you to establish a link to materials on the Service for personal and non-commercial use. Your access to the Service should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the Service without the prior written consent of Microsoft Mobile or the third party owner thereof. You agree not to remove any copyright or other proprietary notices if you download or print Content. You also agree not to circumvent or disable any security or other technical features that prevent or restrict the use or copying of the Content.

13. Feedback

Microsoft Mobile or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. If, despite the request that you not send us your ideas and materials, you still send them, Microsoft Mobile makes no assurances that your ideas and materials will be treated as confidential or proprietary.

By submitting any ideas, feedback and/or proposals (“Feedback”) to Microsoft Mobile through the Service or other means, you acknowledge and agree that: (1) Microsoft Mobile may have similar development ideas to the Feedback; (2) your Feedback do not contain confidential or proprietary information of you or any third party; (3) Microsoft Mobile is not under any obligation of confidentiality with respect to the Feedback; (4) Microsoft Mobile may freely use, exploit and further develop and modify such Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Microsoft Mobile.

14. Personal Data

The Privacy Policy and any additional service specific privacy supplements govern the use of your personal data. You agree to the use of your personal data in accordance with the privacy information given to you in connection with the Service. For further information please review the Privacy Policy at http://www.nokia.com/about-nokia/privacy/privacy-policy.

15. Direct Marketing

You may also give us your consent to use your personal data for direct marketing purposes. You have the right, at any time, to prohibit us or our third-party designees from using any personal data collected from you for direct marketing purposes, even if you have earlier consented to such use. To prohibit the use of your personal data for direct marketing purposes or to amend, review or remove your personal data, please log-in to the site and go to your profile page.

16. Third Party Information

Microsoft Mobile may include access to sites and services on the Internet that are owned or operated by third parties and that are not part of the Service. You must review and agree to the terms and conditions of such sites or services before using such sites or services.

You agree that Microsoft Mobile has no control over the content of third-party sites or services and cannot assume any responsibility for services provided or material created or published by such sites or services. Any link to a third-party site or references to third parties and third party products in any materials, advertising, promotions or coupons provided to program members are for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party product specifications and descriptions are supplied by the respective vendor or supplier, and Microsoft Mobile shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and the prospective users.

In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. You agree that Microsoft Mobile is neither responsible for nor liable for any such content or links.

17. Availability

The Service may not be available in all countries and may be provided only in selected languages. The Service may be network dependent. Contact your network service provider for more information.

The Service may not be available during maintenance breaks and other times. Microsoft Mobile is also constantly developing its Service in order to provide the best possible experience for its users. 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, you acknowledge and agree that Microsoft Mobile may stop (permanently or temporarily) providing the Service or any features within the Service to you or to users generally at Microsoft Mobile’s sole discretion without prior notice.

Microsoft Mobile may also provide updates to the Software that are considered as important or critical by Microsoft Mobile, and in such case you may not continue using the previous version of the Software and the use of the previous version of the Software or Service may be prevented without installation of the update.

18. Disclaimer of Warranties

THE SERVICE, AS WELL AS CONTENT AND USER CONTENT THEREOF, ARE PROVIDED BY MICROSOFT MOBILE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MICROSOFT MOBILE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR OR VIRUS-FREE. MICROSOFT MOBILE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT YOU ARE EXPOSED TO USER CONTENT FROM VARIOUS SOURCES. MICROSOFT MOBILE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY USER CONTENT OR INFORMATION PROVIDED BY OTHER USERS OF THE SERVICE.

19. Limitations of Liability

EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY OR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, MICROSOFT MOBILE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL 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. OUR 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.

20. Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MICROSOFT MOBILE, 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 POSSIBLE BY YOUR FAILURE TO TAKE REASONABLE MEASURES TO PROTECT YOUR USERNAME AND PASSWORD AGAINST MISUSE.

21. Assignment

Microsoft Mobile may assign its rights and obligations under these Terms to any Microsoft Mobile corporate parent, subsidiary or company under common control with Microsoft Mobile. Additionally, Microsoft Mobile 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.

22. 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.

23. Choice of Law and Jurisdiction

The Terms shall be governed by the laws of Finland without regard to conflict of law provisions. You agree that any dispute arising out of these Terms shall be resolved exclusively in the district court of Espoo, Finland.

24. Validity

The Terms shall neither exclude nor limit any of your mandatory rights in your country of residence. If a provision of the Terms is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of the Terms. If there is any conflict between these Nokia Developer Service Terms and the Privacy Policy, the provisions of these Nokia Developer Service Terms shall prevail. The provisions of the Terms that are intended to survive termination of your registration shall remain valid after such termination. Any failure of Microsoft Mobile to exercise any right of this agreement shall not be considered as a waiver of such right.

25. Termination

You may terminate your account and agreement with Microsoft Mobile if you no longer wish to use the Service. After termination, you will no longer have access to certain parts of the Service.

Microsoft Mobile may at any time terminate your account and agreement with you, or restrict your access to certain parts of the Service, if: (a) there is an indication that you have breached any provision of the Terms; (b) if you have not signed into the Service with your username in the past six (6) months; (c) Microsoft Mobile is required to do so by law; or (c) the provision of the Service is, in Microsoft Mobile’s sole opinion, no longer commercially viable.

Except as set forth in Privacy Policy, Microsoft Mobile shall not be responsible for any removal or loss of the information or User Content you have submitted from the Service when your registration is terminated.

After the User Content is removed from the Service by either you or Microsoft Mobile, traces and copies of the Material may still remain.

In the event of termination, the provisions of the Terms that are intended to survive such termination shall remain unaffected including, without limitation, Clauses 19 (Limitations of liability) and 20 (Indemnity).

26. Changes in Terms

Microsoft Mobile may modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Microsoft Mobile will provide a separate notice advising of such change.

You are responsible for regularly reviewing the Terms. Your continued use of the Service shall constitute your consent to any changes and modifications.

SERVICE SPECIFIC TERMS

Nokia Remote Device Access Service Terms

You are not allowed to use the Remote Device Access Service if you do not agree to the Remote Device Access Terms.

1. Use of the Remote Device Access Service

Nokia Remote Device Access Service is service where you can conduct testing and emulating (“Testing”) of your software program or, if applicable, content data or files (“Application”) in a Nokia device(s) available through Nokia Developer service (“Nokia Device”). The Nokia Devices may vary from time to time. You acknowledge and agree that using the Nokia Devices through the Nokia Remote Device Access Services may not fully comply with the real simultaneous user experience due to the fact that not all the device services may be available through the Nokia Remote Device Access Services. You also agree and acknowledge that you may have access through the Nokia Remote Device Access Services to a prototype level Nokia Device, the functionalities and software of which may differ relative to commercial Nokia Devices. You may only install Applications for which you accept full responsibility.

You acknowledge that your participation in the Nokia Remote Device Access Services is solely at your own risk and that Microsoft Mobile has no liability to you and you have no cause of action and may not seek recourse or damages against Microsoft Mobile relating to the Testing. You acknowledge that the Application may require Manufacturer Approved DevCert before the installation for Testing is allowed. (“Manufacturer Approved DevCert” means the key pair of private key and public key, in which the public key has been certified to be associated with a certificate installed in the Nokia Device. The private key and the Manufacturer Approved DevCert can be used to certify application requiring capabilities to work in a Nokia Device). You are solely responsible to remove any information, including but not limited to the Application, you have submitted to the Nokia Device. Microsoft Mobile does not provide technical support for the Nokia Remote Device Access Services.

You agree that:

(i) you will only use the Nokia Remote Device Access Service for the purposes of Testing the Application;

(ii) you have not introduced any viruses, worms, software bombs, malicious code or similar items into the Applications and that you have exercised reasonable care consistent with prevailing industry standards to ensure no viruses, worms, software bombs, malicious code or similar items have been introduced by any third party into the Applications;

(iii) you shall not introduce any viruses, worms, software bombs, malicious code or similar items into the Nokia Device while using the Nokia Remote Device Access Services;

(iv) your Applications do not impair or otherwise adversely affect the operation of the Nokia Remote Device Access Services or Nokia Device on which your Applications are installed for, nor any system or network with which such smartphone, computer or device may connect to, nor do they prevent or hinder access to any program or data, nor do they impair the operation of any program or the reliability of any data;

(v) you will uninstall any and all Applications you have installed into the Nokia Device. In case you cannot have them uninstalled for whatever reason, you shall contact the Microsoft Mobile administrator; and

(vi) you shall not copy, remove, uninstall, modify, download any files, data or computer programs in the Nokia Device, or reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any software included in the Nokia Device.

MICROSOFT MOBILE END-USER SOFTWARE AGREEMENT

This Software Agreement (“Agreement”) is between You (either an individual or an entity), the End User, and Microsoft Mobile Oy (“Microsoft Mobile”). The Agreement authorizes You to use the Software you have ordered, which may be downloaded from Microsoft Mobile’s web pages or servers, stored on a CD-ROM, sent to You by electronic mail, or from other sources under the terms and conditions set forth below. This is an agreement on end-user rights and not an agreement for sale. Microsoft Mobile continues to own the copy of the Software and the physical media contained in the sales package and any other copy that You are authorized to make pursuant to this Agreement.

Read this Agreement carefully before installing, downloading, or using the Software. By clicking on the “I Accept” button while installing, downloading, and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click the “Decline” or “I Do Not Accept” button, cancel the installation or downloading, or destroy or return the Software and accompanying documentation to Microsoft Mobile. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. SOFTWARE

As used in this Agreement, the term “Software” means, collectively: (i) the software product identified above (ii) all the contents of the download, disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the software delivered via download, a CD-ROM, electronic mail, or Web page (iii) digital images, stock photographs, clip art, or other artistic works (“Stock Files”) (iv) related explanatory written materials and any other possible documentation related thereto (“Documentation”); (v) fonts, and (vi) upgrades, modified versions, updates, additions, and copies of the Software (collectively “Updates”), if any, licensed to You by Microsoft Mobile under this Agreement.

2. END USER RIGHTS AND USE

Microsoft Mobile grants to You non-exclusive, non-transferable end-user rights to install the Software on the local hard disk(s) or other permanent storage media of one computer and use the Software on a single computer or terminal at a time.

3. LIMITATIONS ON END USER RIGHTS

You may not copy, distribute, or make derivative works of the Software except as follows:

(a) You may make one copy of the Software on magnetic media as an archival backup copy, provided Your archival backup copy is not installed or used on any computer. Any other copies You make of the Software are in violation of this Agreement.

(b) You may not use, modify, translate, reproduce, or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement.

(c) You may not resell, sublicense, rent, lease, or lend the Software.

(d) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software.

(e) Unless stated otherwise in the Documentation, You shall not display, modify, reproduce, or distribute any of the Stock Files included with the Software. In the event that the Documentation allows You to display the Stock Files, You shall not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. You should review the “Readme” files associated with the Stock Files that You use to ascertain what rights You have with respect to such materials. Stock Files may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic material or in any otherwise illegal manner. You may not register or claim any rights in the Stock Files or derivative works thereof.

(f) You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

4. COPYRIGHT

The Software and all rights, without limitation including proprietary rights therein, are owned by Microsoft Mobile and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of Microsoft Mobile and/or its licensors and affiliates. You must not copy the Software, except as set forth in clause 3 (Limitations On End-User Rights). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software.

5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES

If the Software supports multiple platforms or languages, if You receive the Software on multiple media, or if You otherwise receive multiple copies of the Software, the number of computers on which all versions of the Software are installed shall be one computer. You may not rent, lease, sublicense, lend, or transfer versions or copies of the Software You do not use. If the Software is an Update to a previous version of the Software, You must possess valid end-user rights to such a previous version in order to use the Update, and You may use the previous version for ninety (90) days after You receive the Update in order to assist You in the transition to the Update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update.

6. COMMENCEMENT & TERMINATION

This Agreement is effective from the first date You install the Software. You may terminate this Agreement at any time by permanently deleting, destroying, and returning, at Your own costs, the Software, all backup copies, and all related materials provided by Microsoft Mobile. Your end-user rights automatically and immediately terminate without notice from Microsoft Mobile if You fail to comply with any provision of this Agreement. In such an event, You must immediately delete, destroy, or return at Your own cost, the Software, all backup copies, and all related material to Microsoft Mobile.

7. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER MICROSOFT MOBILE , ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY MICROSOFT MOBILE OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.

8. NO OTHER OBLIGATIONS

This Agreement creates no obligations on the part of Microsoft Mobile other than as specifically set forth herein.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT MOBILE, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF MICROSOFT MOBILE OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, MICROSOFT MOBILE, ITS EMPLOYEES OR LICENSORS OR AFFILIATES’ LIABILITY SHALL BE LIMITED TO U.S. $50. Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits Microsoft Mobile’s liability to You in the event of death or personal injury resulting from Microsoft Mobile’s negligence. Microsoft Mobile is acting on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause 9, but in no other respects and for no other purpose.

10. TECHNICAL SUPPORT

Microsoft Mobile has no obligation to furnish You with technical support unless separately agreed in writing between You and Microsoft Mobile.

11. EXPORT CONTROL

The Software, including technical data, includes cryptographic software subject to export controls under the U.S. Export Administration Regulations (“EAR”) and may be subject to import or export controls in other countries. The EAR prohibits the use of the Software and technical data by a Government End User, as defined hereafter, without a license from the U.S. government. A Government End User is defined in Part 772 of the EAR as “any foreign central, regional, or local government department, agency, or other entity performing governmental functions; including governmental research institutions, governmental corporations, or their separate business units (as defined in part 772 of the EAR) which are engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List, and international governmental organizations. This term does not include: utilities (telecommunications companies and Internet service providers; banks and financial institutions; transportation; broadcast or entertainment; educational organizations; civil health and medical organizations; retail or wholesale firms; and manufacturing or industrial entities not engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List.)” You agree to strictly comply with all applicable import and export regulations and acknowledge that You have the responsibility to obtain licenses to export, re-export, transfer, or import the Software. You further represent that You are not a Government End User as defined above, and You will not transfer the Software to any Government End User without a license.

12. NOTICES

All notices and return of the Software and Documentation should be delivered to:

Nokia Developer, MICROSOFT MOBILE OY, KEILARANTA 7, 02150 ESPOO, FINLAND

13. APPLICABLE LAW & GENERAL PROVISIONS

This Agreement is governed by the laws of Finland. All disputes arising from or relating to this Agreement shall be finally settled by a single arbitrator in accordance with the Arbitration Rules of the Central Chamber of Commerce of Finland. The arbitration procedure shall take place in Helsinki, Finland in the English language. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing signed by an authorized officer of Microsoft Mobile. This is the entire agreement between Microsoft Mobile and You relating to the Software, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Software.

PLEASE SUBMIT ANY ACCOMPANYING REGISTRATION FORMS TO RECEIVE REGISTRATION BENEFITS WHERE APPLICABLE