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TERMS OF USE FOR OVI APP WIZARD

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE TOOL. THESE TERMS OF USE FOR OVI APP WIZARD TOGETHER WITH THE PRIVACY POLICY OF THE RELATED WEBSITE (COLLECTIVELY "Agreement") GOVERN YOUR USE OF THE TOOL AND CONSTITUTE AN AGREEMENT between You (either an individual or an entity), and Nokia Corporation ("Nokia") WITH RESPECT TO THE TOOL. By clicking on the "Accept" button or otherwise indicating your acceptance while ACCESSING and/or using the TOOL, You agree to the terms and conditions of this Agreement AND TO the terms and conditions of OVI STORE PUBLISHER REGISTRATION AND DISTRIBUTION AGREEMENT. If You do not agree to all of the terms and conditions, promptly DISCONTINUE the REGISTRATION PROCESS AND EXIT THE TOOL. BY ACCESSING OR USING THE TOOL YOU (AND THE ENTITY ON BEHALF OF WHICH YOU ARE ACTING) AGREE TO ALL OF THE ABOVE MENTIONED terms and conditions. IF YOU (OR THE ENTITY ON BEHALF OF WHICH YOU ARE ACTING) DO NOT ACCEPT the terms and conditions YOU MAY NOT ACCESS OR USE THE TOOL.

You acknowledge that the terms and conditions (including without limitation Your obligations and liabilities) relating to the distribution of Applications through Nokia's Ovi Store service and the use of publisher account for Ovi Store shall be governed by Ovi Store Publisher Registration and Distribution Agreement in addition to the terms and conditions of this Agreement. As used in this Agreement, the term "Application" means one or more software programs, including all content and related materials, developed by You in compliance with this Agreement using the Tool, including any bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of such software programs or materials.

You acknowledge that the Tool may contain portions of software licensed by third party licensors and the use of such portions may be subject to separate license terms. You shall be allowed to use those third party licensed portions that are provided under separate license terms solely in accordance with such separate license terms.

1. TOOL

As used in this Agreement, the term "Tool" means, collectively: (i) the online application development tool available through the website where You accessed this Agreement; (ii) the services related to the online application development tool above that are available through the website where You accessed this Agreement; (iii) the website for the online application development tool where You accessed this Agreement (iv) any technical or other specifications or documentation that Nokia may make available or provide to You relating to or for use in connection with the online application development tool above ("Documentation"); (v) the servers and related back end technology that are required for Applications to function and that may be otherwise supporting the use of Applications; and (vi) updates, upgrades, modified versions, additions and copies of the Tool (collectively "Updates"), if any, licensed to You by Nokia under this Agreement.

2. END USER RIGHTS AND USE

Nokia grants to You a limited, personal, non-exclusive, non-transferable end user right to use the Tool for the development and distribution of Applications.

You must register for an Ovi app wizard account in order to use the Tool. When You register, You will create a unique username and password enabling You to access the Tool. You are personally responsible for any use of the Tool with Your username and password and You shall not disclose Your username and password to any third party. You agree to take due care in protecting Your username and password against misuse by others and promptly notify Nokia about any misuse.

The information You provide when registering for an Ovi app wizard account may be used by Nokia to create You a separate publisher account for Ovi Store. The publisher account for Ovi Store allows You to modify the Application that has been submitted for distribution using the Tool and to redefine the distribution parameters (including without limitation selected countries and price) You have chosen for such Application. Nokia will create You a publisher account for Ovi Store, if necessary, after You submit Application for distribution using the Tool for the first time.

The use of publisher account for Ovi Store and related user name and password shall be governed by Ovi Store Publisher Registration and Distribution Agreement. You acknowledge that the Ovi Store distribution parameter options for Applications may be more limited (for example, fewer available price points) than for such applications have been developed without use of the Tool.

You acknowledge that the use of the Tool or distribution of Applications may require licenses to third party patents and that Nokia does not grant any licenses to such third party patents under this Agreement to You.

No patent licenses to any patents of Nokia and/or its affiliates are granted under this Agreement.

3. LIMITATIONS ON END USER RIGHTS

You may not copy, distribute, or make derivative works of the Tool. You may use the Tool and distribute Applications only as follows:

(a) You agree to provide truthful and complete information when registering for an Ovi app wizard account and to keep that information updated;

(b) You may use the Tool solely for developing Applications that are compatible with products that are manufactured by or on behalf of Nokia. You are not allowed to develop any Application that does not operate in a Nokia product;

(c) You may use the Tool solely for developing Applications that are distributed through Nokia's Ovi Store service. You are not allowed to distribute any Application through any service or channel outside Ovi Store;

(d) You may use the Tool to submit solely such Applications for which You have full authority and all necessary rights, licenses' and permissions' required for distribution through Ovi Store service;

(e) You may not use the Tool to submit for distribution any Application that includes or allows access to such content (including without limitation any advertising) that is prohibited by Ovi Store Publisher Registration and Distribution Agreement;

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

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

(h) You may include advertising in Applications by concluding a separate agreement regarding provision of advertising to Applications either with Nokia or with a third party identified in the Tool by Nokia ("Approved Third Party"). You acknowledge that the terms and conditions (including without limitation liabilities regarding the advertising and revenue share arrangements) relating to such advertising in Applications shall be fully governed by a separate agreement between You and Nokia or You and Approved Third Party, as applicable. Any such agreement between You and Approved Third Party shall be solely between You and applicable Approved Third Party and will not subject Nokia to any responsibility or liability. Under this Agreement, You are permitted to keep the revenue for advertising served within Applications, but You agree to work in good faith with Nokia to explore other advertising revenue share arrangements and/or advertising solutions upon reasonable advance notice from Nokia. Nokia may decide to discontinue permitting provision of advertising in any Application at any time in Nokia's sole discretion.

4. INTELLECTUAL PROPERTY RIGHTS

The Tool and all rights, without limitation including title and intellectual property rights therein and related to the software code and content that is provided and included by the Tool to Applications, are owned by Nokia, its affiliates and/or its licensors 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 Tool are valuable trade secrets and confidential information of Nokia, its affiliates and/or its licensors. You must not use the Tool or distribute Applications, except as set forth in clause 3 (Limitations on End User Rights). You acknowledge that Nokia may promote Ovi Store service and any application available through Ovi Store in Applications.

In addition to such standard part of each Application that is software code provided and included by the Tool, each Application may include trademarks and other materials and allow access to content provided and included by You or by Approved Third Party ("Your Contribution"). Nokia does not claim ownership in Your Contribution and Your use of the Tool does not transfer ownership rights in Your Contribution to Nokia.

Furthermore, Nokia may collect or have collected usage and distribution statistics in connection with the Tool and/or Applications, including but not limited to, information about how Applications, compatible devices and the Tool are being used. Such information shall be owned by Nokia.

5. CONFIDENTIALITY

You agree that all information disclosed by Nokia to You that relates to the Tool (including without limitation usage and distribution statistics collected by Nokia that may be disclosed to You), Nokia's products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third-party confidential information, will be considered and referred to collectively as "Confidential Information." Confidential Information, however, does not include: (a) information that Nokia makes generally available to the public; (b) information that You can demonstrate to have had rightfully in Your possession prior to disclosure to You by Nokia; (c) information that is independently developed by You without the use of any Confidential Information; or (d) information that You rightfully obtain from a third party who has been given the right to transfer or disclose it by Nokia. You agree not to disclose, publish, or disseminate Confidential Information to any third party without Nokia's prior written approval. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. You agree not to use Confidential Information otherwise for Your own or any third party's benefit without the prior written approval of an authorized representative of Nokia in each instance.

You further agree that despite of any other confidentiality agreements You may have between You and Nokia, Nokia will not be responsible for keeping confidential any information You provide to Nokia through the use of the Tool.

6. AVAILABILITY

Nokia reserves the right, in its sole discretion, to change, improve and correct the Tool from time to time. The Tool may not be available during maintenance breaks and other times. Nokia may also decide to discontinue offering the Tool or any part thereof in its sole discretion. In such case You will be provided a prior notification and Nokia may terminate this Agreement with immediate effect after such notification.

7. SUPPORT AND MAINTENANCE

Nokia has no obligation to furnish You with technical or other support unless separately agreed in writing between You and Nokia. In case of such support given by Nokia You understand and agree that the support has been given on "as is" and "as available" basis and Nokia will have no obligations or liabilities related to such support.

Nokia may provide You with Updates that are considered as important or critical by Nokia, and in such case You may not continue using the previous version of the Tool and the use of the previous version of the Tool may be prevented.

8. FEEDBACK

By submitting feedback to Nokia related to the Tool or Applications You grant Nokia a worldwide non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify such feedback, and to prepare derivative works thereof, and incorporate such feedback into other works and products as well as sublicense the same.

9. COMMENCEMENT AND TERMINATION

This Agreement is effective from the first date You agree to the terms and conditions of this Agreement. You may terminate this Agreement at any time by discontinuing Your use of the Tool and distribution of Applications and by notifying Nokia in writing of the same. Your end user rights automatically and immediately terminate without notice from Nokia if You fail to comply with any provision of this Agreement. In such an event, You must immediately discontinue Your use of the Tool, distribution of Applications and notify Nokia in writing of the same. In addition, Nokia may terminate this Agreement at its sole discretion by thirty (30) days prior written notice (including without limitation by e-mail to You).

10. NO WARRANTIES

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

11. NO OTHER OBLIGATIONS

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

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOKIA, ITS AFFILIATES, ITS EMPLOYEES OR LICENSORS 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 TOOL OR APPLICATIONS DEVELOPED USING THE TOOL, EVEN IF NOKIA, ITS AFFILIATES OR ITS LICENSORS 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, NOKIA'S, ITS AFFILIATES', ITS EMPLOYEES' AND LICENSORS' 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 Nokia's liability to You in the event of death or personal injury resulting from Nokia's negligence. Nokia is acting on behalf of its affiliates, its employees and licensors for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause 12, but in no other respects and for no other purpose.

13. INDEMNITY

You shall defend, indemnify and hold Nokia, its affiliates and its licensors harmless against any claims, damages, liabilities, losses, costs, suits or expenditures incurred by Nokia, its affiliates, or licensors resulting from or or arising out of Your breach of this Agreement.

14. EXPORT CONTROL

The Tool, 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 Tool 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 Tool. You further represent that You are not a Government End User as defined above, and You will not transfer the Tool to any Government End User without a license.

15. NOTICES

All notices and return of the Tool should be delivered to:

NOKIA CORPORATION
P.O. Box 100
FIN-00045 NOKIA GROUP
FINLAND

16. APPLICABLE LAW

This Agreement is governed by the laws of Finland. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator appointed by the Central Chamber of Commerce of Finland. The arbitration procedure shall take place in Helsinki, Finland, in the English language.

17. ENTIRE AGREEMENT, CHANGES TO THIS AGREEMENT

This is the entire agreement between Nokia and You relating to the Tool, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Tool. Nokia reserves the right to modify or amend this Agreement at any time without prior notice. If this Agreement is changed in a substantial way, Nokia will provide a prior notice advising of such change. You are responsible for regularly reviewing this Agreement. Your continued use of the Tool shall constitute Your consent to any changes.

18. GENERAL PROVISIONS

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.

Still need help? Write an email to our support team:publishtoovi.support@nokia.com