NOKIA DEVELOPER SOFTWARE AGREEMENT 


Please read this Nokia Developer Software Agreement carefully before accessing, downloading or using any part of the Software. By accessing, downloading, installing, using or clicking on the "Accept" button while downloading, installing and/or using the Software, You agree to the terms and conditions of this Agreement. 

Please note that this Agreement is structured in two sections:  (i) general terms that apply to most Nokia developer software distributions; and (ii) additional terms and conditions applicable to certain parts of the Software or related content, services, additions and extensions that are specific to the particular Software provided.  Please ensure to review the entirety of the terms provided as important restrictions relevant to your use of the Software are often included as additional terms.

The Software is equipped with a tracking mechanism that records Software usage by generating a unique identifier for your terminal equipment. Software usage count is collected and sent back to Nokia over secure internet channels on regular intervals. The information is used to create active usage reports so Nokia can focus and improve its development of tools in its Software offerings. The information will not be personally identifiable nor will it be linked to your developer account in any way.  If you do not agree to have your usage counted, then you may not use the Software and you should cancel the installation of the Software


GENERAL TERMS

1.Definitions.

1.1"Application" means one or more software programs developed by you under this Agreement, including bug fixes, updates, upgrades and new versions of such software programs.

1.2"Authorized Users" means You and Your employees and contractors or, if You are an educational institution, Your faculty and staff, who (a) each have a valid Forum Nokia account with Nokia, (b) have a demonstrable need to know or use the Software in order to develop and test Applications, and (c) to the extent such individuals will have access to Confidential Information, each have written and binding agreements with You to protect the unauthorized use and disclosure of such Confidential Information.

1.3"Software" means Nokia SDK 2.0 for Java software (source code and/or object code as applicable), with the exception of Open Source Software (as defined below), documentation, sample code, simulators, tools, libraries, application programming interfaces (APIs), data, files, and materials hereby provided or made available by Nokia.

1.4"Open Source Software" means any material, which is, as included in the Software, subject to a license terms and conditions currently listed at http://opensource.org/licenses/ or meeting the criteria listed at http://www.opensource.org/docs/definition.php or which is subject to any similar free or open source license terms. Open Source Software contained in the Software is made available under the applicable license terms and not the terms of this Agreement.

1.5"You" or "Your" means the person(s) or entity using the Software or otherwise exercising rights under these Terms. If you are accepting these Terms on behalf of your company. Organization or other entity, "You" or "Your" refers to your company, organization or other entity as well. 

2.Eligibility. You must be legally competent to execute this Agreement, whether on your own behalf or on behalf of your company, organization or other entity. If you are entering this Agreement as a company, organization, or entity representative, You must have the right and authority to legally bind Your company, organization or other entity to this Agreement.

3.Registration and Termination. 

3.1If registration is required, you agree to provide truthful and complete information when registering for the Software and to keep that information updated.

3.2You may terminate your registration(s) if you no longer wish to use the Software. Nokia may terminate your registration(s) or restrict your access to certain parts of the Software or related services if Nokia reasonably believes that you have breached this Agreement.

3.3You may terminate this Agreement at any time by permanently uninstalling and/or deleting the Software and any backup copies, and all related materials provided by Nokia and by ceasing to use the Software. Nokia may terminate your rights automatically and immediately, without notice, if you fail to comply with these Terms. Following termination, you must immediately stop using, uninstall, and delete the Software, all backup copies, and all other related material provided by Nokia. 

3.4Nokia may, in its sole discretion, provide updates to the Software from time to time. If Nokia identifies updates as important or critical, you may not continue using the previous version of the Software and Nokia may disable the previous version of the Software. Certain services or features of the Software may not be available during maintenance breaks and other times. Nokia may discontinue the Software or related services in whole or in part by providing you with prior notification.

4.Use of the Software.

4.1You must comply with this Agreement. You are responsible for Your Authorized Users' use of the Software and their compliance with the terms of this Agreement. You may not allow anyone who is not an Authorized User to access the Software.

4.2You may use the Software only for developing Applications that are compatible with products that are manufactured by or on behalf of Nokia. Once you have created an Application, Nokia may modify, update, or recompile your Application to make it available for other products manufactured by or on behalf of Nokia. 

4.3The Software is designed and provided for the sole purpose of developing and testing Application(s). You may install a reasonable number of copies of the Software on computers owned or controlled by You to be used by You or Your Authorized Users during the term of this Agreement. 

5.General Limitations.

5.1You may not use the Software in any manner or for any purpose that violates these Terms or any applicable law or regulation, including without limitation, any intellectual property or other proprietary rights, any right of any person, rights of privacy, or rights of personality;

5.2You may not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, any malicious code, viruses or any other technologies or content that may harm the Software, other users, servers or network;

5.3You may not use the Software in connection with any unlawful, offensive, abusive, obscene, pornographic, harassing, libelous or otherwise inappropriate content or material;

5.4You are solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and Authorized Users in connection with the Software; and

5.5You may not remove or obscure any copyright or trademark notices or other similar notices or markings or legends from the Software. 

5.6You may not (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software; (b) modify or create derivative works of the Software; or (c) distribute, communicate to the public, export, re-export, sublicense, rent, loan, lease, disclose, sell, market, commercialise, re-license, host, or otherwise transfer or make available to any third party (including without limitation any affiliates and subcontractors) the Software.

5.7Regardless of this Agreement, Nokia may develop, distribute and/or use applications that directly or indirectly compete with Your Application.

6.Nokia Browser Service.

6.1For certain devices manufactured by or on behalf of Nokia, internet access may be routed through the "Nokia Browser Service," (formerly called “Ovi Browser Service”) a Nokia service that adapts web-based content for optimized mobile device experiences, including reduced mobile data consumption. In its current formulation, the Nokia Browser Service employs proxy server architecture to process mobile device web page requests and custom mobile device web browsing client software. Applications may need to be recompiled or modified to work properly with Nokia Browser Service.

6.2Nokia may choose to host Applications for the Nokia Browser Service. For Applications that are not hosted by Nokia, Nokia will use standard network calls through the Nokia Browser Service to access your servers supporting the Applications. 

6.3Nokia Browser Service is subject to content filtering policies applied by Internet service providers serving end users of Applications. You may not, and will not attempt to, mask or alter any content or Internet addresses associated with Your Applications. 

6.4Nokia may change or discontinue the features or functionality of Nokia Browser Service at its sole discretion. Nokia may, but has no obligation to, provide You information regarding any changes to Nokia Browser Service and possible impacts on Applications.

6.5You may not interfere or attempt to interfere in any manner with the functionality or proper working of Nokia Browser Service. Applications may make network calls or requests to Your servers at any time that Nokia Browser Service is available, provided that content sent or received by You through Nokia Browser Service may not exceed the file size or maximum calls per second limit (if any) set forth by Nokia.

6.6Nokia may take any actions it deems appropriate to temporarily suspend the availability or operation of Applications through Nokia Browser Service if Nokia reasonably believes that Applications are causing or may cause harm to the operation of Nokia Browser Service. Nokia will use commercially reasonable efforts to notify You promptly after any suspension of Application availability or operation through Nokia Browser Service.  

7.Requirements for Your Applications. 

7.1Your Application must be developed and used in compliance with this Agreement and applicable law or regulation, including without limitation, any intellectual property or other proprietary rights, any right of any person, rights of privacy, or rights of personality;

7.2Your Application must be developed in compliance with the documentation, technical guidelines and other requirements as Nokia may provide from time to time;

7.3Your Application must not violate, misappropriate, or infringe any copyright, patent, trademark, trade secret, rights of privacy or other proprietary or legal right;

7.4Your Application must not contain nor transfer any viruses, files, or malicious content that may harm or disrupt the normal operation of the device or network;

7.5Your Application must accurately identify its nature, function as promoted and not contain any false, fraudulent or misleading information or representations;

7.6You will clearly communicate to the users of Your Application(s) (e.g. in the Application UI) whether use of the Application(s) creates data traffic;

7.7You will provide users of the Application(s) with easy settings to disable any notifications; 

7.8You will not design or market the Application for the benefit of Your core business  if the primary users of such application are Your employees or contractors (e.g. fleet or asset management and tracking);

7.9You will not design or market the Application for use in or with systems, devices or products that are critical to health and/or security of other people and property (e.g. intended for surgical implant into the body or other applications intended to support or sustain life or for any aviation or nuclear reactor application) or any other application in which the software or its failure, malfunction or inadequacy could directly or indirectly cause or contribute to personal injury or death or significant property damage; 

7.10Your Application must not enable notifications routed from other notification services provided by third parties;

7.11Your Application may not send any push notifications(e.g. unsolicited messages, advertising, promotions, or direct marketing of any kind or for the purposes of phishing and spamming) without first obtaining user consent; and

7.12Your Application must not send any messages for the purpose of phishing or spamming, or enable anonymous or prank phone calls or SMS/MMS messaging.

8.Ownership and Intellectual Property Rights.

8.1Nokia, its affiliates and/or its licensors own the Software and all rights, titles, and interests to the Software, including without limitation intellectual property rights, structure, organization, and source code. The Software is protected by international treaty provisions and the applicable laws of the jurisdiction in which it is being used. 

8.2Nokia grants you no right or license, express or implied, to any part of the Software except as expressly set forth above. Nokia makes no representations and offers no licenses or immunities regarding the combination of the Software with any other software or hardware not delivered to you by Nokia under this Agreement. This Agreement does not grant you any licenses to Nokia or third party intellectual property rights beyond the licensed use of Software.

8.3Non-Assertion. 

A.You and Your affiliates agree not to assert any claim against Nokia or any of its affiliates, suppliers, licensees or customers under any intellectual property rights owned or licensed by you or your affiliates as they may relate to the Software or to this Agreement. You and Your affiliates must impose this same obligation on any third party to whom you or your affiliates may assign or transfer your patents. 

B.Nokia may release You from this agreement not to sue on a case-by-case basis in the following event: (i) You are first sued for patent infringement related to the Software by someone who benefits from Your agreement not to sue Nokia; (ii) the suit is based on Your infringement of that third party's intellectual property rights, and (iii) if You held the intellectual property rights at issue, those rights would be subject to Your agreement not to sue Nokia. 

9.Fees. Your use of the Software may be or may become subject to charges. Nokia reserves the right to charge for the Software and to change its fees from time to time, at its discretion.

10.Availability. The Software may not be available in all countries and may be provided only in selected languages. The Software or some features may be network dependent, contact your network service provider for more information.

11.Support and Maintenance. Nokia has no obligation to furnish you with technical or other support. Any support given by Nokia is strictly on an "as is" and "as available" basis without any obligations or liabilities. If Nokia does provide updates to the Software, Nokia may disable earlier versions of the Software.

12.Feedback. By submitting feedback to Nokia related to the Software, You acknowledge and agree that (1) Nokia may have similar development ideas to the Feedback; (2) Your Feedback does not contain confidential or proprietary information related to Your own activities or those of any third party; (3) Nokia is not under any obligation of confidentiality with respect to the Feedback; and (4) You are not entitled to any compensation of any kind from Nokia. You grant Nokia a worldwide, non-exclusive, sublicensable, assignable, fully paid up, royalty-free, perpetual and irrevocable license to use, reproduce, adapt, translate, exploit, copy, publicly perform, display, distribute, further develop, modify, prepare derivative works of, incorporate into other works, and sublicense Your feedback.

13.Links to Third Party Sites and Services. Nokia may include links to sites and services on the Internet that are owned or operated by third parties and that are not part of the Software. Third party sites are governed by their own terms of service and privacy policies, not by this Agreement. Nokia has no control over the content of third-party sites and cannot assume any responsibility for services provided or material created or published by such sites. Links to a third-party site are not Nokia endorsements of the site or the related products or services. 

14.Confidentiality.

14.1All material and information that You receive from Nokia in connection with this Agreement, including but not limited to Software, translations of computer programs contained in the Software, Nokia's products, designs, business plans, business opportunities, finances, research, development, and know-how, 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 to not disclose, publish, or disseminate any Confidential Information to any third party. 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 outside the scope of this Agreement for Your own or any third party's benefit without the prior written approval of an authorized representative of Nokia in each instance.

14.2You further agree that despite any other confidentiality agreements you may have with Nokia, Nokia will not be responsible for keeping confidential any information You provide to Nokia through the use of the Software or any related services. Nokia does not accept or consider unsolicited ideas, including but not limited advertising campaigns, promotions, products or technologies, processes, materials, marketing plans or product names. If you still send such materials to Nokia regardless of Nokia's policy, Nokia makes no assurances that your ideas and materials will be treated as confidential or proprietary.

14.3The rights and obligations of this section 14 shall remain in force for five years from the date of the disclosure of Confidential Information.

15.No warranties. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE FUNCTIONS CONTAINED IN THE SOFTWARE MAY NOT 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.

16.Indemnity. You agree to defend and indemnify Nokia from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) Your breach of this Agreement, (ii) Your infringement or violation of any intellectual property, other rights or privacy of a third party, and (iii) misuse of the Software 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.

17.Limitation of Liability.  NOKIA, ITS EMPLOYEES, LICENSORS, OR AFFILIATES ARE NOT LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SOFTWARE, 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 OR THE SOFTWARE, EVEN IF NOKIA OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF LIABILITY, BUT ALLOWS LIABILITY TO BE LIMITED, THEN THE MAXIMUM LIABILITY OF NOKIA, ITS EMPLOYEES, LICENSORS, OR AFFILIATES IS U.S. $50. NOTHING CONTAINED IN THIS AGREEMENT LIMITS NOKIA'S LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM NOKIA'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

18.Export Control. The Software may be subject to export control restrictions of various countries. You shall fully comply with all applicable export license restrictions and requirements as well as with all laws and regulations relating to the importation of the Software and/or Applications and shall procure all necessary governmental authorizations, including without limitation, all necessary licenses, approvals, permissions or consents, where necessary for the re-exportation of the Software or Applications.

19.Government End Users. If you are an agency or entity of the government of the United States of America, please be advised that the Software is a "commercial item” under 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation" under 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), the Software (including related documentation) is provided to agencies or entities of the government of the United States: (a) only as a commercial end item; and (b) only pursuant to this Agreement.

20.Miscellaneous Provisions.

20.1Notices. All notices related to the Software or this Agreement should be delivered to:

Nokia Corporation
P.O. Box 100
FIN-00045 Nokia Group
Finland

20.2Assignment. You may not assign or transfer any of your rights, benefits and obligations under this Agreement without the prior written consent of Nokia, which shall not be unreasonably withheld. Nokia may assign or transfer any of its rights, benefits or obligations under this Agreement on an unrestricted basis.

20.3Severability. 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.

20.4Privacy. The Nokia Privacy Policy and any additional privacy supplements govern the use of your personal data.

20.5Governing law and dispute resolution. This Agreement is governed by the laws of Finland. All disputes arising from or relating to these Terms 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.

20.6Entire Agreement. This is the entire agreement between Nokia and You relating to the Software, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Software. Nokia may modify this Agreement at any time without prior notice. If the changes are material, Nokia will provide a separate notice advising of such change. In order to continue using the Software, You must accept and agree to the new terms of this Agreement; otherwise, you will have terminated this Agreement.

20.7Trademarks. The Nokia word mark and logo are trademarks or registered trademarks of Nokia Corporation and all rights are reserved. The Software includes JavaTM ME technology. Java and all Java-based marks are trademarks or registered trademarks of Oracle Corporation.  Other product and company names mentioned in the Software may be trademarks or trade names of their respective owners.


 
LOCATION API ADDITIONAL TERMS

In addition to the terms set forth above, the Nokia Privacy Policy and following additional terms shall apply to Your use of the Location API’s and related location-based services (“Service”).


1.Definitions

“Nokia Maps Content” means the maps content available from Nokia from time to time for the purpose of being rendered on the Nokia Maps, including data provided by Nokia that originates from third parties.

“Location API Service” means the service offered by Nokia that enables You to incorporate the Location API s For Developers,  the Nokia Maps Content and the Places Content, as made available by Nokia from time to time, into Your Applications and to have end-users access and use it on such Applications.

“Location API for Developers” means the software, as made available by Nokia from time to time that allows the rendering of Nokia Maps Content and Places Content within Applications. For clarity, the Location API For Developers may include software components that are downloaded and installed on the users’ mobile device(s) and/or JavaScript libraries that are invoked and downloaded by the Location  API(s) and/or data retrieved from server based APIs, including but not limited to the Ovi Maps Rendering API. “Location API Developer Package” means the Location API(s), documentation and any and all other material made accessible to You by Nokia from time to time that enables You to incorporate the Location API  For Developers into Your Applications and is designated by Nokia as being a part of the Location API Developer Package.
 
“Location API(s)” means the interface information made accessible to You by Nokia from time to time that enables You to incorporate the Location API  For Developers into Your Applications.

“Places Content” means the geo-location content, including rich content (e.g. descriptions, opening hours, reviews) available from Nokia, including data provided by Nokia that originates from third parties.

2.Service Offering, Registration and Termination

The Location API Service is made available under a variety of business models to suit your needs which will form an integral part of your agreement with Nokia for the use of the Software. For information about the Location API Service, please visit www.forumnokia.com/Maps/.  

If you do not register for the Location API Service Your use of the Location API for Developers is limited to internal testing of your Application(s) that use the Location API(s) and the Location API Service will automatically disable itself once the access quota for the Location API Service has been exceeded. 

If you elect to register for the Location API Service (https://api.forum.nokia.com/ovi-api), you will be provided with a token and/or developer key that will enable you to create Application(s) that use the Location API(s) and distribute such Application(s) under the terms of this Agreement. The number of requests submitted by your Application(s) to the Location API Service may be subject to certain quota limitations as updated from time to time by Nokia.   

If You elect to register for the Location API Service, You agree to provide truthful and complete information when registering for the Location API Service and to keep that information updated. Providing misleading information about Your identity is forbidden. You are personally responsible for any use of the Location API Service. You agree to take due care in protecting Your Application using Location API, Your token and/or developer key against misuse by others and promptly notify Nokia about any misuse.  Where requested by Nokia, You agree to include and use the token and/or developer key, as applicable, in each request you make to access to the Location API(s).

You may terminate your registration if you no longer wish to use the Location API Service. After termination, you may not access the Location API Service. Nokia may terminate your registration or restrict Your access to certain parts of the Location API Service if there is an indication that You have breached these terms or with a prior notice if You have not signed into the Location API Service with Your identifier code in the past three (3) months.

3. Changes

Nokia may, in its sole discretion, change, improve and correct the Location API Service from time to time. Nokia may also provide with updates to the Location API Service that are considered as important or critical by Nokia, and in such case You may not continue using the previous version of the Location API Service and the use of the previous version of the Location API Service may be prevented without installation of the update. The Location API Service may not be available during maintenance breaks and other times. Nokia may also decide to discontinue the Location API Service or any part thereof in its sole discretion. In such case you will be provided a prior notification and Nokia may terminate the Agreement accordingly.

Except as set forth in Privacy Policy, Nokia shall not be responsible for any removal or loss of the information or content You have submitted (“Material”) to the Location API Service when Your registration is terminated. After the Material is removed from the Location API Service by either You or Nokia, traces and copies of the Material may still remain.

Nokia reserves the right to modify or amend these terms and conditions at any time without prior notice. If the terms are changed in a material, adverse way, Nokia will provide a separate notice advising of such change. In order to continue using the Location API Service, You must accept and agree to the new terms and conditions. If You do not agree to new terms, Your use of the Location API Service will be suspended or terminated by Nokia.

4.Use of Location API Developer Package

The Location API Developer Package is made accessible to You for the purposes of incorporating the Location API Service into Your Application and for the limited purposes of evaluating, testing, and controlling the Location API For Developers during the term of this Agreement, subject to the limitations set forth in Section 2 of these additional terms set forth above. If you have not registered for the Location API Service, You may not distribute your Applications incorporating the Location API Service.

When using the Location API Developer Package and/or the Location API Service, unless otherwise agreed in writing with Nokia, You hereby agree that you will not:

(i)Use or incorporate, without Nokia’s prior written permission, the Location API Service, Location API Developer Package or any part thereof, in connection with any Application or other service (a) which has the primary functionality of providing turn-by-turn navigation services, real time navigation or route guidance; or (b) where such Application’s functionality is substantially similar to the Nokia Maps or navigation/location-based products distributed by Nokia or its affiliates; or (c) which has the primary purpose of capturing or collecting end user data;

(ii)Use, without Nokia’s prior written permission, the Location API Service or Location API For Developers, or any part thereof, in connection with any internal business Application the purpose of which is directly related to the operation of Your core business and where the users of such Application are Your employees or contractors (e.g. fleet or asset management and tracking);

(iii)Remove, obscure, modify or omit, any copyright or trademark notices or other similar notices or markings or legends or branding requirements from the Location API Developer Package, Location API For Developers, Nokia Maps Content, or the Places Content whether such notices, markings or legends or other branding requirements originate from Nokia or a third party; 

(iv)Alter or manipulate the order of search, geo-coding and/or reverse geo-coding results delivered by or through any Location API to or as part of the Application (where applicable);

(v)Alter, delete or otherwise change any Nokia Maps Content or Places Content, including third party content contained in the Nokia Maps Content or Places Content, branding or sponsorship information, that is displayed through the use of the Location API Service or Location API For Developers;

(vi)create an Application which obsures or alters the visibility of Places Content and/or Nokia Maps Content or any other content, including but not limited to web links; or

(v)Use the Location API(s) or Location API Service to exceed any transaction volume limits (if any) set by Nokia for Applications, Location APIs and/or Location API Services. The amount of the possible transaction volume limit is as set forth in the documentation included in the Location API. Nokia may change the limit from time to time in its sole discretion, but will provide You with sixty (60) days’ advance notice of a change in the volume limit. Any programmatic methods or other actions intended to circumvent the transaction volume limits shall be considered a material breach of this Agreement; 

(vii)Access, or use the Location API Service any Nokia Maps Content or Places Content through any technology or means other than those provided by the Location API Service or Location API(s), or through other explicitly authorized means Nokia may designate;

(viii)use the Location API Service, Location API or Location API For Developers in a manner that gives You or any other person access to mass downloads or bulk feeds of any Nokia Maps Content or Places Content, including but not limited to numerical latitude or longitude coordinates; 

(ix)pre-fetch, cache, or store any Nokia Maps Content or Places Content except that You may store (i) references and IDs; and (ii) limited amounts of Nokia Maps Content or Places Conent solely for the purpose of testing your Application, if You do so temporarily, securely, and in a manner that does not permit use of the Nokia Maps Content or Places Content outside of the Location API Service; or

(x)Use the Location API Developer Package, including the Location API For Developers, or the Location API Service in any manner or for any purpose that violates this Agreement or any law or regulation, including without limitation, any intellectual property or other proprietary rights, any right of any person, rights of privacy, or rights of personality; or

(xi)Use the Location API(s) to issue queries that are not in response to end user actions; or 

(xii)Create Application(s) which do not display the results of every such search made by such Application(s) using the Location API(s) to the end user; or

(xiii)Distribute in any manner, such as through the Location API(s), Nokia Maps Content or Places Content collected using the Location API(s), or data derived from the Nokia Maps Content or Places Content, including, but not limited to location corrections.

If screen size constraints prevent Nokia Maps Content or Places Content from being displayed with search or detail results, you shall display a notice informing the end user that the Nokia Maps Content or Places Content cannot be displayed.  

You also agree (i) to comply with these terms, applicable laws and good manners; (ii) not to distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses or any other technologies that may harm the Location API Service, or the interest or property of the Location API Service users; (iii) not to use the Location API Service in connection with any unlawful, offensive, abusive, pornographic, harassing, libelous or otherwise inappropriate Material and comply with Nokia Content Guidelines as may be provided by Nokia from time to time; and (iv) to respect the privacy of others. You agree to comply with Nokia Technical Guidelines and other guidelines as Nokia may provide from time to time.

5.Nokia Maps Content and Publication

Nokia Maps Content and Places Content are provided to you and Your end users for planning purposes only and Nokia does not guarantee the accuracy or availability of any Nokia Maps Content or Places Content. You may find that weather conditions, construction projects, closures or other events may cause road conditions, directions, positioning coordinates or other location information to differ from the results depicted in the Nokia Maps Content or Places Content.  All use of Nokia Maps Content and/or Places Content is at your own risk.

6.Privacy and Nokia AppStore publication

You agree that Your use of the Location API Services and Location API will comply with the Nokia Privacy Policy (http://www.nokia.com/privacy-policy) and the Nokia Privacy Requirements for Mobile Applications version 1.0 which is included herein and incorporated by reference.

If your Application enables You or any party to gain access to information about users, including but not limited to personally identifiable information, non-personally identifiable usage information or location information (“Information”), You must provide users with notice about what Information is accessible and how such Information will be used or disclosed so that users may make informed decisions about whether or not to use Your Application.  Furthermore, you must make Your privacy policy regarding the use of Information publicly available.

If You intend to publish your Application on Nokia’s AppStore, please note that Your Application must comply with the Nokia AppStore Publication Requirements (https://info.publish.nokia.com).

7.Fees

Your use of the Location API Service may be or may become subject to charges. Nokia reserves the right to charge for the Location API Service and to change its fees from time to time, at its discretion, but Nokia will provide you with sixty (60) days’ advance notice if charges will be implemented for use of the Location API Service.

8.Availability

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

9.Your Services

You may interact with users, including consumers, on or through the Location API Service. You agree that any such interactions by you do not involve Nokia and are solely between you and the other user(s).

10.Links to Third Party Sites, Content and Advertising

Nokia may include links to sites on the Internet that are owned or operated by third parties and that are not part of the Location API Service. Upon following a link to such a third-party site, You shall review and agree to that site's rules of use before using such site.

You agree that Nokia has no control over the content of third-party sites and cannot assume any responsibility for services provided or material created or published by such sites. A link to a third-party site does not imply that Nokia endorses the site or the products or services referenced in the site.

In addition, users may create links within the Location API Service to content that has not otherwise been submitted to the Location API Service. You agree that Nokia is neither responsible nor liable for any such links.  Moreover, Nokia Maps Content and Places Content made available to You by Nokia, may include content and data that originates from third parties.

Nokia reserves the right, in its sole discretion, to implement advertising in the Location API For Developers. Unless otherwise agreed in writing between You and Nokia, and if Nokia implements advertising, You agree not to remove, otherwise alter, tamper with; or obsure such advertising. Nokia will provide You with sixty (60) days’ advance written notice prior to implementing advertising in the Location API For Developers. 

11.Reporting

You agree to implement those reporting mechanisms specified by Nokia (if any). For example, if specified by Nokia, You agree to provide Nokia with reports if your Application which utilizes the Location API(s) detects its own location through the use of a sensor (including, but not limited to GPS, cell triangulation, WiFi or similar functionality) to display the location of the device on a map or to calculate a route.

12.Additional Export Control Restrictions

The Location API Service and Location API Developer Package, 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 Location API Service and the Location API Developer Package 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 Location API Service and the Location API Developer Package. You further represent that you are not a Government End User as defined above, and you will not transfer the Location API Service and the Location API Developer Package to any Government End User without a license.


NOKIA PRIVACY REQUIREMENTS FOR MOBILE APPLICATIONS VERSION 1.0  DATED: JANUARY 19, 2012
PURPOSE
These Nokia Mobile Application Privacy Requirements apply when developing and certifying Applica-tions on Nokia platforms and publishing Applications to Nokia Store. For more information about how Nokia reviews Applications and content for Nokia Store and how to use the Nokia Publish service, see http://developer.nokia.com 

1DEFINITIONS:

Active Consent means voluntary, informed, express and revocable permission from the user on a de-vice to use or disclose information as described in the consent. Active Consent must be sought separately from mere service terms or privacy policy approval - for example, by way of opt-in. Consent is also active when the user makes an active informed choice, for example:

•The user’s request or use of a feature clearly indicates permission to use Location Data or User Information (e.g., “find nearest gas station”);

•When at the time of enabling a setting or feature, the setting or a feature itself clearly in-forms the user that Location Data or User Information will be shared with defined parties; or 

•The user herself inserts information into a text field or chooses information through a drop down menu and the use of the information is indicated to the user. 

Analytics means the collection of any information from the device when such collection is not strictly necessary to provide the service or functionality requested by the user.

Application means any software program you develop, or have developed for you, for distribution on a Nokia device, including bug fixes, updates, upgrades and new versions of such software programs.

Location Data means any information that indicates or can be linked to the geographical location of the device (for example, GPS, cell-tower of Wi-Fi based location data).  

Personal Data means any information that is personally identifiable to an individual (for example, in-formation that can be linked to or makes it possible to single out, target or contact an individual, such as name, address, email address, phone number, username, password or other credentials, credit card information, Location Data, User Information or static unique device identifiers and Application identifiers). Combinations of data that in themselves are not personally identifiable may result, when processed together, in Personal Data.

User Information means emails, sms, voice mails and other messages, call logs and other communi-cations logs or recordings, search history, browsing history, notes, documents, alerts, reminders, calendar, contacts, pictures, videos, music and other media as well as detailed logs of media usage indicating in detail the content of media usage (e.g., what music the user listens to). 

2REQUIREMENTS

Any Application developed by you must comply with the following privacy requirements:

1)Comply with applicable laws: Your Application must comply with applicable laws governing the processing of Personal Data.

2)Provide users with a clear and understandable prior privacy notice: Applications that collect Personal Data must provide users with a clear and understandable prior privacy notice detailing such data collection so that users may make informed decisions about whether or not to use your Application or certain features. As an example, your notice may be in the form of a privacy policy, either embedded in the Application or linked to the website hosted by you. Your privacy notice shall state the following: 

1.What Personal Data is collected and how it is used and shared and how long it is re-tained;

2.When Personal Data is shared with third parties:

a.Detail what type of third parties (e.g., service providers, other users, or gov-ernmental agencies) this information is shared with, for what purposes and how the user can restrict the disclosure of her Personal Data to such third parties; 

3.When tracking technologies are used:

a.Detail the type of technology used. For example, cookies, analytics software (irrespective of whether they are used by you or named third parties who may be collecting information from the Appli-cation); and

b.Detail what information such technologies track (and in case of in-app analytics software, the fact that the data is anonymous), with whom such in-formation is shared, the purpose for using those technologies and how they can be disabled;

4.What means the user has to manage her privacy preferences and instructions on how to use these;

5.That users have the following rights with respect to their Personal Data:

a.Right to know what Personal Data you have about them;

b.Right to request deletion or modification of unnecessary or out-dated Personal Data;

c.Right to unsubscribe from direct marketing messages or use of Personal Data for marketing or market research purposes; and

d.Instructions on how to exercise such rights, for example, through online tools or otherwise through contact details provided by you; 

6.What security measures you apply to protect Personal Data against unauthorized ac-cess, use, modification or loss; and

7.How the user can contact you, including company name, email address or a link to an online form as well as a physical address and a phone number, if available.

Applications must make the above notice available to users prior to the initial collection of Personal Data through the Application, and viewable anytime thereafter within or through the Application (e.g., through the Application’s help menu, a link to a website hosted by you, or similar effective method). 

Applications must keep their privacy notices up to date and notify users of any material ad-verse changes prior to such changes becoming effective. You may not process Personal Data collected through your Application for other purposes than what are disclosed to the user. Significant changes in your privacy notices may not become retroactively effective without user’s consent.

3)Allow users to control whether, when and with whom their Location Data or User Information is processed: 

Location Data or User Information: In addition to posting a notice as defined above: 

1.Applications that share Location Data or User Information from the device to you, other service providers, other users or any other third party must obtain user’s Active Consent before such information is shared for the first time, and allow users to later opt-out from sharing their Location Data or User Information.

2.Applications may only use defined API’s to access Location Data and User Infor-mation. 

3.Applications must not attempt to override or circumvent a user’s choice to: 

a.Disable location services; or 

b.Restrict access to her User Information on the device;

4.Applications must periodically remind users or provide a visual indicator when Location Data or User Information is being sent to any other service, service provider, user or other third party continuously or periodically on an on-going basis, if being done without the user’s separate Active Consent.

5.In order to avoid repetitive consents, Applications may allow users to turn reminders off, for example through “don’t remind later” functionality. 

Analytics: In addition to providing a notice and complying with consent and opt-out require-ments as defined above for Location data or User information: 

6.Applications that collect Personal Data for Analytics must acquire user’s Active Con-sent  and allow users to opt-out from such Analytics (e.g., by providing settings within the Application that allow users to enable and disable Analytics). 

7.Applications that collect information other than Personal Data for Analytics must ac-quire user’s consent and allow users to opt-out from such Analytics (e.g., by providing settings within the Application that allow users to enable and disable Analytics). Consent in this case may be less than Active consent, for example, description of such practices in your privacy policy that user approves. 

4)Apply appropriate safeguards to protect privacy of the users: 

No excessive processing of information: 

1.Applications must process Personal Data only for justified purposes that are relevant for the features and functionalities of the Application. 

2.Applications must require user registration only when there is a justified reason for it, for example, to protect Personal Data associated into a user account. 

3.Consider whether or not use of unique identifiers is necessary so as to avoid unnecessary collection of Personal Data. 

4.Passwords or other sensitive data, such as credit card details may not be stored in the device and the passwords may not be echoed when input to the application. 

Define information lifecycle: 

5.Information stored by the Application in the in-device storages or your servers must be deleted or anonymized when storage is no longer necessary for the purposes it was originally collected, or storage is not required by law (for example, accounting laws may require storage of certain information for a finite period of time). Therefore, you must define deletion schedules for your server logs, cache, user profiles and account information, including deactivation or termination of inactive user accounts;

6.To keep users from experiencing a surprising loss of information: 

a.Inform them what deletion schedules your Application or servers apply to user generated content (e.g., pictures, videos, notes, messages, calendar, music and documents) or other User Information; 

b.Upon uninstalling your Application or in case of Application update, user gen-erated content stored in the device file-system may not be removed by default;

c.When syncing or back-up information from or to the Application, ensure information is not lost unintentionally.

7.Users must be able to delete information stored by the Application in the in-device storage(s) (for example, caches, search histories, keyboard logs and other such stor-ages) and to prevent distribution, display or other publishing of their user generated content on your servers. 

Information security and accountability: 

8.You must apply appropriate information security measures to protect Personal Data against unauthorized access, use, modification or loss when stored on the device or transmitted and stored to other repositories. For guidance and best practices see, for example http://www.safecode.org/  

9.Consider encrypting sensitive data while in transit and at rest. Sensitive data includes at least the following: credentials and other authentication information, credit card in-formation, race, religion, health and other such information that, if lost, could cause embarrassment or serious economic, physical or other harm to the affected individual;

10.Consider assigning responsibilities within your organization to manage security and privacy of the Applications and keep your organization up to date on recent develop-ments around security and privacy;

11.See also other defined security requirements in Nokia Store Content Guidelines and other related documents.

