THE OVI MAPS API SERVICE IS GOVERNED BY THE TERMS SET FORTH BELOW.  PLEASE NOTE THAT THERE ARE TERMS AND CONDITIONS FOLLOWING THE NOKIA CORPORATION DEVELOPER SOFTWARE AGREEMENT V. 1.0 THAT ARE SPECIFIC TO THE USE OF THE OVI MAPS API SERVICE.  IF YOU DO NOT ACCEPT THE BELOW TERMS AND CONDITIONS, YOU MAY NOT USE THE OVI MAPS API SERVICE.


NOKIA CORPORATION DEVELOPER SOFTWARE AGREEMENT
Version 1.0 

This Nokia Corporation Developer Software Agreement ("Agreement") is between You (either an individual or an entity), the developer, and Nokia Corporation ("Nokia"). The Agreement authorizes You to use the Software specified in Clause 1 below, which may be stored on a CD-ROM, sent to You by electronic mail, or downloaded from Nokia's web pages or servers or from other sources under the terms and conditions set forth below.

This is an agreement on end-user rights and not an agreement for sale. Nokia continues to own the copy of the Software and the physical media contained in the sales package and any other copy that You are authorized to make pursuant to this Agreement.

Read this Agreement carefully before accessing, downloading, installing or using the Software or any part of it. By accessing, downloading, installing or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly cancel the installation or downloading, or destroy or return the Software and accompanying documentation to Nokia.

1. SOFTWARE

As used in this Agreement, the term "Software" means, collectively: (i) the Nokia Qt SDK software product with the exception of Open Source Software (as defined below), (ii) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the software delivered via a CD-ROM, electronic mail, or web page (iii) related explanatory written materials and any other possible documentation related thereto ("Documentation"); (v) fonts, and (vi) upgrades, modified versions, updates, additions, and copies of the Software (collectively "Updates"), if any, provided to You by Nokia under this Agreement.

"Open Source Software" means any software, which is, as included in the Nokia Qt SDK, 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 Nokia Qt SDK is licensed under the license terms accompanying such Open Source Software and not the terms of this Agreement. 

2. USE OF THE SOFTWARE

The Software is made accessible to You for the sole purpose of developing and testing Applications by installing a reasonable number of copies of the Software on computers owned or controlled by You to be used by You or Your authorized users. "Application" means one or more software programs developed by or for You in compliance with the Documentation, including any bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of such software programs.
	
You acknowledge that the use of the Software may require licenses to third party patents and that Nokia does not grant any licenses to such third party patents under this Agreement to the You.  Also, any and all standards related licenses with respect to Essential Patents (as defined below) 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. "Essential Patent" means any patent claiming a feature necessarily and unavoidably required for compliance with industry standards (usually GSM, WCDMA or other similar mobile communications standard), to the limited extent only that infringement or use of such claims of a patent cannot be avoided in remaining compliant with industry standard either for technological reasons or for lack of commercially viable technical alternatives.  

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

3. LIMITATIONS ON END USER RIGHTS

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

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

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

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

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

4. 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. You must not copy the Software, except as set forth in clause 3 (Limitations On End-User Rights). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software. 

5. FEEDBACK

By submitting feedback ("Feedback") to Nokia related to the Software, including but not limited to information on bug fixes or error corrections, 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, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, 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 services resulting from such works.

6. SUPPORT AND MAINTENANCE

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

Nokia, may, from time to time, make Updates available to You. You may use the previous version for ninety (90) days after You receive the Update in order to assist You in the transition to the Update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update. However, Nokia may provide You with Updates that are considered as important or critical by Nokia, and in such case You may not continue using the previous version of the Software and the use of the previous version of the Software may be prevented without installation of the Update.  

7. COMMENCEMENT & TERMINATION

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

8. 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 OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY 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.

9. NO OTHER OBLIGATIONS

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

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF 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 clause 9, but in no other respects and for no other purpose.

11. INDEMNITY

You shall defend, indemnify and hold Nokia and its licensors harmless against any claims, damages, liabilities, losses, costs, suits or expenditures incurred by Nokia, its Affiliates, or licensors as a result of any infringement or alleged infringement of intellectual property rights of a third party caused by Your development or exploitation of the Software.

12. 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.


13. 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.


14. NOTICES

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

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

15. APPLICABLE LAW AND GENERAL PROVISIONS

This Agreement is governed by the laws of Finland. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator appointed by the Central Chamber of Commerce of Finland. The arbitration procedure shall take place in Helsinki, Finland in the English language. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of Nokia, although Nokia may vary the terms of this 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. 

There are no implied licenses or other implied rights granted under this Agreement, and all rights, save for those expressly granted hereunder, shall remain with Nokia and its licensors.  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.


OVI MAPS 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 Ovi Maps and related services ("Service"):


1. DEFINITIONS

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

"Ovi Maps API Service" means the service offered by Nokia that enables You to incorporate the Ovi Maps For Developers and the Ovi Maps 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

"Ovi Maps For Developers" means the software, as made available by Nokia from time to time that allows the rendering of Ovi Maps Content within Applications. For clarity, the Ovi Maps 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 Ovi Maps API.

"Ovi Maps API Developer Package" means the Ovi Maps API, documentation and any and all other material made accessible to You by Nokia from time to time that enables You to incorporate the Ovi Maps For Developers into Your Applications and is designated by Nokia as being a part of the Ovi Maps API Developer Package.
 
"Ovi Maps API(s)" means the interface information made accessible to You by Nokia from time to time that enables You to incorporate the Ovi Maps For Developers into Your Applications.

2. REGISTRATION AND TERMINATION

If registration is required, 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. Depending on the use of the Ovi Maps API(s), You may receive an identifier code or developer key in order to use the Service. You are personally responsible for any use of the Ovi Maps API Service. You agree to take due care in protecting Your Application using Ovi Maps API, Your identifier code 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 identifier code and/or developer key, as applicable, in each request You make to access to the Ovi Maps 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. SERVICE 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.


4. USE OF OVI MAPS API DEVELOPER PACKAGE

The Ovi Maps API Developer Package is made accessible to You for the purposes of incorporating the Ovi Maps Service into Your Application and for the limited purposes of evaluating, testing, and controlling the Ovi Maps For Developers during the term of this Agreement. 

When using the Ovi Maps API Developer Package and/or the Ovi Maps Service, You hereby agree that You will not:

(i) use or incorporate the Ovi Maps Service, Ovi Maps 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 Ovi 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 Ovi Maps Service or Ovi Maps 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 or obscure any copyright or trademark notices or other similar notices or markings or legends or branding requirements from the Ovi Maps API Developer Package, Ovi Maps For Developers or the Ovi Maps Content whether such notices, markings or legends or other branding requirements originate from Nokia or a third party; 

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

(v) alter, delete or otherwise change any Ovi Maps Content, including third party content contained in the Ovi Maps Content, that is displayed through the use of the Ovi Maps Service or Ovi Maps For Developers;

(vi) use the Ovi Maps API(s) or Ovi Maps Service to exceed any transaction volume limits (if any) set by Nokia for Applications, Ovi Maps APIs and/or Ovi Maps Services. The amount of the possible transaction volume limit is as set forth in the documentation included in the Ovi Maps API. Nokia may change the limit from time to time in its sole discretion, but will provide You with ninety (90) 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 Ovi Maps Service or any Ovi Maps Content through any technology or means other than those provided by the Ovi Maps Service or Ovi Maps API, or through other explicitly authorized means Nokia may designate;

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

(ix) pre-fetch, cache, or store any Ovi Maps Content except that You may store limited amounts of Ovi Maps Content for the purpose of testing your Application, if You do so temporarily, securely, and in a manner that does not permit use of the Ovi Maps Content outside of the Ovi Maps Service; or

(x) use the Ovi Maps API Developer Package, including the Ovi Maps For Developers, or the Ovi Maps 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.

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 Ovi Maps Service, or the interest or property of the Ovi Maps 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. OVI MAPS CONTENT AND PUBLICATION

Ovi Maps Content is provided to You and Your end users for planning purposes only and Nokia does not guarantee the accuracy or availability of any Ovi Maps 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 Ovi Maps Content.  All use of Ovi Maps Content is at Your own risk.

6. PRIVACY AND OVI STORE PUBLICATION

You agree that Your use of the Ovi Maps Services and Ovi Maps 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 Ovi Maps Service may be or may become subject to charges. Nokia reserves the right to charge for the Ovi Maps Service and to change its fees from time to time, at its discretion, but Nokia will provide You with ninety (90) days' advance notice if charges will be implemented for use of the Ovi Maps Service.

8. AVAILABILITY

The Ovi Maps Service may not be available in all countries and may be provided only in selected languages. The Ovi Maps 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 Ovi Maps 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 Ovi Maps 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 Ovi Maps Service to content that has not otherwise been submitted to the Ovi Maps Service. You agree that Nokia is neither responsible nor liable for any such links.  Moreover, Ovi Maps 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 Ovi Maps For Developers.  If Nokia implements advertising, You agree not to remove or otherwise alter or tamper with such advertising. Nokia will provide You with ninety (90) days' advance written notice prior to implementing advertising in the Ovi Maps 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 Ovi Maps API 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 Ovi Maps Service and Ovi Maps 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 Ovi Maps Service and the Ovi Maps 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 Ovi Maps Service and the Ovi Maps API Developer Package. You further represent that You are not a Government End User as defined above, and You will not transfer the Ovi Maps Service and the Ovi Maps API Developer Package to any Government End User without a license.


Copyright (c) 2010 Nokia Corporation.
