NOKIA DEVELOPER SOFTWARE AGREEMENT 2.1

FOR THE NOKIA MAPS PLUG-IN TO Qt LOCATION


Please read this Nokia Developer Software Agreement carefully before accessing, downloading or using any part ofthe Nokia Maps Plug-In to Qt Mobility. 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.

GENERAL TERMS

1. Acceptance

This Nokia Developer Software Agreement (the “Agreement”) governs Your use of the Software (ase defined below) and these terms and conditions constitute an agreement between You (either an individual or an entity) and Nokia Corporation including its affiliates and suppliers (collectively “Nokia”) defining the rights and responsibilities of You and Nokia with respect to the Software. 

There may be additional terms and conditions specific to the particular Software provided or applicable to certain parts of the Software or related content, services, additions and extensions.

You are not allowed to use the Software if You do not agree to these terms and conditions.

2. Definitions

“Application” means one or more software programs developed by You in compliance with the requirements set forth in this Agreement and documentation provided by Nokia, under Your own trademark or brand, including bug fixes, updates, upgrades and new versions of such software programs.

“Authorized Users” means You and Your employees and contractors or, if You are an educational institution, Your faculty and staff, as applicable, 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.

“Software” means (i) the Nokia Maps Plug-In to the Qt Mobility software product (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 for use by You in connection with Your Application development, and includes any updates that may be provided or made available by Nokia.

"Open Source Software" means any software, 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 licensed under the license terms accompanying such Open Source Software and not the terms of this Agreement.

 “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. 

3. Eligibility

You must be legally competent to execute this Agreement. Thereby You must be of the legal age of majority in the jurisdiction in which You reside (at least 18 years of age in most countries) and have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization or other entity, that You have the right and authority to legally bind Your company, organization or other entity to the terms and obligations of this Agreement.

4. Registration and termination

If registration is required, You agree to provide truthful and complete information when registering for the Software and to keep that information updated. Providing misleading information about Your identity is forbidden.

You may terminate Your registration(s) if You no longer wish to use the Software. After termination, You may not access the Software. Nokia may terminate Your registration(s) or restrict Your access to certain parts of the Software or related services if there is an indication that You have breached this Agreement.

You may terminate this Agreement at any time by permanently uninstalling and/or deleting, at Your own costs, the Software and any backup copies, and all related materials provided by Nokia and by ceasing to use the Software. All Your rights automatically and immediately terminate without notice from Nokia if You fail to comply with any provision of these Terms. In such an event, You must immediately uninstall and/or delete, at Your own cost, the Software, all backup copies, and all other related material provided by Nokia as well as stop using the Software. 

Nokia may, in its sole discretion, provide with updates to the Software from time to time. Nokia may also provide 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 Software and the use of the previous version of the Software may be prevented without installation of the update. Any related services or features of the Software may not be available during maintenance breaks and other times. Nokia may also decide to discontinue the Software, related 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.

5. Updates to the Terms

Nokia reserves the right to modify or amend the terms and conditions of this Agreement 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 Software, You must accept and agree to the new terms of this Agreement. If You do not agree to new terms, Your use of the Software will be suspended or terminated by Nokia.

6. Use of the Software

You hereby certify and agree that You will comply with the terms of this Agreement and You agree to monitor and be responsible for Your Authorized Users’ use of the Software and their compliance with the terms of this Agreement. You may not grant access to the Software for any other than Authorized Users.

The Software is made accessible to You for the sole purpose of developing and testing Your Application(s). You may install, as applicable, 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. 

As a condition to using the Software, You hereby agree that:

(i) You will 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;

(ii) You will 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;

(iii) You will not use the Software in connection with any unlawful, offensive, abusive, obscene, pornographic, harassing, libelous or otherwise inappropriate content or material;

(iv) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and Authorized Users in connection with the Software, Your Applications and Your related development efforts; and

(v) You will not remove or obscure any copyright or trademark notices or other similar notices or markings or legends from the Software; 

Notwithstanding anything to the contrary contained herein, You may not (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except and only to the extent permitted by applicable mandatory law; (b) modify or create derivative works of the Software, except and only to the extent permitted by Nokia; 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 (or any portions thereof).

Nothing in this Agreement or otherwise prevents Nokia from developing, distributing and/or making use of any application that is directly or indirectly competing with Your Application.

7. Requirements for Your Applications

Your Application developed using the Software, or any part thereof, must comply with the following criteria and requirements, as may be modified by Nokia from time to time:  

(i) Your Application will be developed and used in compliance with the 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;

(ii) Your Application will be developed in compliance with the documentation, technical guidelines and other requirements as Nokia may provide from time to time;

(iii) Your Application does not and will not, to the best of Your knowledge, violate, misappropriate, or infringe any copyright, patent, trademark, trade secret, rights of privacy or other proprietary or legal right of any third party or of Nokia;

(iv) Your Application must not contain nor transfer any viruses, files, code malware or any other malicious software programs that may harm or disrupt the normal operation of the device or network;

(v) Your Application must identify the nature and provider (including contact details) of the application, function as promoted and not contain any false, fraudulent or misleading information or representations;

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

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

(viii) You will not design or market the Application, 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);

(ix) You will not design or market the Application, or any part thereof, 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;  

(x) Your Application must not enable push notifications routed from other notification systems and servers provided by third parties;

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

(xii) Your Application shall 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

The Software and all rights, without limitation including title and intellectual property rights therein, are owned by Nokia 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 Nokia and/or its licensors and affiliates.

No right or license, express or implied, is granted to any part of the Software except as expressly set forth above. In addition, no licenses or immunities are granted to the combination of the Software with any other software or hardware not delivered by Nokia under this Agreement. Also, any and all licenses with respect to Nokia or third party patents (including essential patents) are specifically excluded from the scope of this Agreement, and those licenses need to be acquired separately from Nokia or the respective right holders, as the case may be.

You and Your affiliates, as the case may be, covenant and agree not to bring suit before any court or administrative agency or otherwise assert any claim against Nokia or any of its affiliates, suppliers, licensees or customers based on any of Your patent or Your affiliate’s due to reproduction, development, use, manufacturing, marketing, selling, distribution, licensing, importing, sub-licensing or other disposal of the Software or implementations thereof. 

You and Your affiliates shall impose the obligation stated in clause above on any third party to whom You or Your affiliates may assign or transfer Your patents. This obligation is restricted to suits or other assertions based on such assigned or transferred patents.

You shall be released from Your covenant and agreement not to sue under this section in relation to a particular beneficiary (but not in relation to any other beneficiary) in the following event: (i) You are first sued for patent infringement related to the Software by such other beneficiary who benefits from Your covenant and agreement as set forth herein; and (ii) the suit is based on Your infringement of such other beneficiary’s patent rights which if held by You would be subject to the covenant and agreement not to sue provided for above in this section. 

For the purposes of this section, patent means any patent, utility model and any divisional, re-exam, re-issue, continuation and continuation-in-part thereof as well as any corresponding application globally.

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 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.

12. Feedback

By submitting feedback (“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 hereby 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 and modify for any purpose such Feedback, and to prepare derivative works thereof, or incorporate such Feedback into other works as well as sublicense products and Software resulting from such works.

13. Links to Third Party Sites and Services

For Your easy accessibility 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. 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 or service.

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.

You agree that Nokia is neither responsible nor liable for any such links or any third party Internet site.

14. Confidentiality

You agree that all material and information in any form received from Nokia, including, but not limited to Software and its copies, as well as all translations of computer programs contained in the Software, 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 to keep confidential and not to 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 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 Software or any related services. Neither Nokia nor any of its employees 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, please understand that Nokia makes no assurances that Your ideas and materials will be treated as confidential or proprietary.

The rights and obligations of this section 14 shall remain in force for five (5) years from the date of the disclosure of Confidential Information.

15. No warranties

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 NOKIA, 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, ACCURACY OF DOCUMENTATION AND SUPPORT MATERIAL, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT SOFTWARE 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 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.

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

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOKIA, ITS EMPLOYEES,LICENSORS OR AFFILIATES BE 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. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, NOKIA, 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 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 employees and licensors or affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this Agreement, but in no other respects and for no other purpose.

18. Export control

You acknowledge that 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

A "U.S. Government End User" shall mean any agency or entity of the government of the United States.  The following shall apply if You are a U.S. Government End User. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 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), all U.S. Government End Users acquire the Software with only those rights set forth herein. The Software (including related documentation) is provided to U.S. Government End Users: (a) only as a commercial end item; and (b) only pursuant to this Agreement.

20. Miscellaneous

20.1 Notices

All notices of the Software should be delivered to:

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

20.2 Assignment

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

20.3 Severability

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.

20.4 Privacy

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

20.5 Governing 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.

20.6 Entire 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.

ADDITIONAL TERMS

Location API Additional Terms

In addition to the terms set forth in Nokia Software Development Agreement version 2.1, the Nokia Privacy Policy and following additional terms shall apply to Your use of the Nokia Maps Plug-In (“Plug-In”) that is delivered in conjunction with the Qt Mobility software package and Nokia’s related location-based services (“Service”).  Please note that these terms and conditions do no apply to Your use of the location APIs included in Qt Mobility as such and only apply to the use of the Plug-In and 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 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 Service, please visit www.forumnokia.com/Maps/.  

If you do not register for the 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 Service will automatically disable itself once the access quota for the Service has been exceeded. 

If you elect to register for the 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 Service may be subject to certain quota limitations as updated from time to time by Nokia.   

If You elect to register for the Service, You agree to provide truthful and complete information when registering for the 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 Service. After termination, You may not access the Service. Nokia may terminate Your registration or restrict Your access to certain parts of the Service if there is an indication that You have breached these terms or with a prior notice if You have not signed into the Service with Your identifier code in the past three (3) months.

3. Changes

Nokia may, in its sole discretion, change, improve and correct the Service from time to time. Nokia may also provide with updates to the Service that are considered as important or critical by Nokia, and in such case You may not continue using the previous version of the Service and the use of the previous version of the Service may be prevented without installation of the update. The Service may not be available during maintenance breaks and other times. Nokia may also decide to discontinue the 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 Service when Your registration is terminated. After the Material is removed from the 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 Service, You must accept and agree to the new terms and conditions. If You do not agree to new terms, Your use of the 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 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 Service, You may not distribute your Applications incorporating the Service.

When using the Location API Developer Package and/or the 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 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 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 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; or

(v) use the Location API(s) or Service to exceed any transaction volume limits (if any) set by Nokia for Applications, Location APIs and/or 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 Service any Nokia Maps Content or Places Content through any technology or means other than those provided by the Service or Location API(s), or through other explicitly authorized means Nokia may designate;

(viii) use the 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 Service; or

(x) use the Location API Developer Package, including the Location API For Developers, or the 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 Service, or the interest or property of the Service users; (iii) not to use the 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 Ovi store publication

You agree that Your use of the Services and Location API will comply with the Nokia Privacy Policy (http://www.nokia.com/privacy-policy).

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 Ovi Store, please note that Your Application must comply with the Ovi Store Publication Requirements (https://publish.ovi.com/info/).

7. Fees

Your use of the Service may be or may become subject to charges. Nokia reserves the right to charge for the 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 Service.

8. 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.

9. Your Services

You may interact with users, including consumers, on or through the 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 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 Service to content that has not otherwise been submitted to the 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 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 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 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 Service and the Location API Developer Package to any Government End User without a license.

