Registration
Below is the Nokia Software Market contract documentation. Please download and study it carefully before entering the registration process.
By clicking the "Accept" button at the end of this page you accept both Nokia Software Market Supplier's Agreement between Nokia and yourself, and the software Distribution Agreement between Symmetria Software and yourself. A confirmation email will be sent to you after registration.
Download Nokia Software Market Supplier's Distribution Agreement with Service Provider (PDF file, size 76KB, updated Jan-18-2007) document.
Download Nokia Software Market Supplier's Agreement Between Supplier and Nokia (PDF file, size 115KB, published Jan-25-2007) document.
If you have completed steps 1 and 2 described in the Publishing Process section, please proceed to the registration by reading the contract below and accepting it.
Nokia Software Market Supplier's Distribution Agreement with Service Provider
THIS DISTRIBUTION AGREEMENT ("Distribution Agreement") contains terms and conditions between us, Symmetria Software Ltd. ("Service Provider"), and the company represented by you, Supplier, regarding Supplier's membership in and use of and participation in the Nokia Software Market electronic software distribution marketplace. Upon the acceptance of Supplier's Enrollment Request by Nokia and Supplier's execution of both this Distribution Agreement and the Supplier's Agreement between Supplier and Nokia by clicking in the place provided therefore, this Distribution Agreement will be a legally binding agreement between Supplier and Service Provider.
This Distribution Agreement and the Supplier's Agreement between Supplier and Nokia are at all times a precondition for Supplier's use of the Nokia Software Market in any way including but not limited to (i) inclusion of the Software in the Nokia Software Market, (ii) licensing of the Software by Supplier to Buyers and (iii) distribution of the Software from the Nokia Software Market by Service Provider and Channel Buyers. Supplier is not authorized to access and/or use in any way the Nokia Software Market as a supplier, if Supplier does not agree to this Distribution Agreement and the Supplier's Agreement between Supplier and Nokia.
This Distribution Agreement contains the terms and conditions between Supplier and Service Provider in relation to the distribution of the Software by Service Provider and Channel Buyers through the Nokia Software Market. Nokia is not party to this Distribution Agreement.
Both Supplier and Service Provider hereby agree to comply with all the obligations imposed on Supplier and Service Provider respectively in the Supplier's Agreement between Supplier and Nokia. Supplier hereby warrants to Service Provider to comply with all the obligations arising for Supplier from the Supplier's Agreement between Supplier and Nokia. This Distribution Agreement shall have, as between Nokia and Service Provider, no effect on the agreement between Nokia and Service Provider.
1. DEFINITIONS
In this Distribution Agreement:
"Buyer" means a licensor of any of the Software from Supplier on the Nokia Software Market, dealing in the distribution chain either directly with Service Provider or a Channel Buyer, and being an end user of the Software.
"Catalog Information" means (i) information about any of the Software as well as (ii) other information, photographs, audio and video clips, picture images, graphics, links, architecture, formats, layout and data structures and other content and data, provided by or for Supplier at the Nokia Software Market in connection with any of the Software and its marketing, but which information is not offered for distribution and/or licensing at the Nokia Software Market.
"Channel Buyer" means a point of sale, dealer or other type of re-distributor of Software, which is dealing in the distribution chain directly with Service Provider and ultimately distributing the Software to Buyers.
"Date of Execution" means the date on which Supplier has electronically accepted this Distribution Agreement and Nokia has accepted Supplier's Enrollment Request.
"Nokia Product(s)" means any Nokia mobile terminal and other Nokia wireless data products and other wireless communications products, devices equipments and terminals and their accessories, manufactured by or for Nokia.
"Enrollment Request" means the request by Supplier to participate in the Nokia Software Market.
"Intellectual Property Rights" mean any copyrights, adaptation rights, publishing rights, reproduction rights, rights to communicate to the public, public performances, synchronization rights, rights to be named as the creator of the work(s), artist names, patents, petty patents, utility models, rights of patent, design patents, designs, trademarks, trade names, trade dresses, service marks, brands, slogans, commercial symbols, logos, other designations, inventions, trade secrets, know-how and/or any other industrial and/or intellectual property rights, and applications therefore.
"Java Application" means Software that is developed for Nokia Products supporting the J2ME (Java 2 Micro Edition) specification.
"Net Price" means Price of Software Licence payable by the Buyer less any transaction and channel fee such as:
- Taxes such as VAT or sales tax and
- Any costs and transaction fees charged by selected payment solution providers and
- Any costs and fees charged by the operator for transmitting the Software to the Buyer and
- Any costs and fees for the operator billing such as Premium SMS or WAP billing.
"Nokia" means Nokia Corporation, a public limited liability company incorporated in Finland, having its registered address at Keilalahdentie 4, 02150 Espoo, Finland, business identity code 0112038-9.
"Nokia Software Market" means a Nokia branded electronic software distribution marketplace, which can be accessed at least by using Internet browsers at www.softwaremarket.nokia.com and, wap browsers at www.softwaremarket.nokia.com/wap and which is hosted and administrated by Service Provider, providing a channel:
(i) for Supplier, among other suppliers, to offer for licensing and distribution Software displayed in Supplier's Catalog Information, through Service Provider and Channel Buyers, to Buyers, and to display such Catalog Information; and
(ii) for Buyers to gain access to Supplier's Catalog Information and to license from Supplier and download from Service Provider and Channel Buyers Software displayed in such Catalog Information.
"Nokia Software Market Content" means information, photographs, audio and video clips, picture images, graphics, links, designs, architecture, formats, layout and data structures and other content and data of the Nokia Software Market, other than Catalog Information.
"Order" means any order of Software by a Buyer or a Channel Buyer originated at the Nokia Software Market.
"Price" means the price displayed to Buyers and Channel Buyers for each Software at the Nokia Software Market.
"Software" means any software listed in Supplier's Catalog Information or otherwise provided by Supplier for the Nokia Software Market, all of which shall be compatible with the Nokia Products, marketed and distributed by Service Provider and Channel Buyers on the Nokia Software Market including the relevant documentation. Software includes any versions, updates and upgrades to any of the Software from time to time.
"Supplier" means the company stated in the Enrollment Request and accepting electronically this Distribution Agreement.
"Supplier Payment" means the payment payable by Service Provider to Supplier defined in Clause 4 hereunder.
"Symbian Application" means Software that is developed for Nokia Products running Symbian operating system software.
"Transaction" means each and every form of commercial transaction, including but not limited to all logistics arrangements, between on the one hand Service Provider and on the other hand Channel Buyers and/or Buyers, originated at the Nokia Software Market.
"Virus" means (i) any program code, programming instruction or set of instructions intentionally constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data files or operations, or (ii) any other code typically designated to be a virus, Trojan horse or similar adversely interfering feature.
2. SOFTWARE LICENSE AND QUALITY REQUIREMENTS
2.1. Grant of license
Supplier hereby grants to Service Provider and Channel Buyers an irrevocable, transferable, fully paid-up, worldwide and unlimited right to use and distribute Software under and through the Nokia Software Market under the terms and conditions of this Distribution Agreement and the Supplier's Agreement between Supplier and Nokia (including the right to make backup copies of the Software).
2.2. Software Activation
If any Software requires a license activation key of any kind, Supplier agrees to deliver such license activation key to Buyer via e-mail or SMS within the next business day from Supplier's receipt of Service Provider's Order notification. Service Provider may deduct the incurred support costs from the Supplier Payment in case the license activation key delivery is late or delivered keys are non-functional.
Supplier agrees that the activation key or equivalent method of un-locking the copy of the Software may not be available on any other portal than Nokia Software Market or offered by any other distributor than the Service Provider and/or Channel Buyer.
2.3. Export Control
Supplier shall be responsible for compliance with the export control laws and regulations. Supplier hereby agrees to inform Service provider in writing of any export control laws and regulations restricting the distribution, licensing and/or use of any of the Software to any country. In the absence of any such written information from Supplier, Supplier warrants and guarantees that there are no such restrictions.
2.4. Quality Assurance
Supplier shall be responsible for verifying all the functionalities of the Software related to its safe and proper use with the Nokia Product. Such quality assurance process shall contain but is not limited to verifying and testing all Software functionalities against Requirements Information, ensuring that Software does not contain any Viruses or any other malfunction, and documenting such testing results.
2.5. Requirements Information
Supplier shall be responsible for providing all consumer and other necessary information related to requirements and constrains when using the Software with the Nokia Product including but not limited to information about amount of free memory that is required for proper and safe use of the Nokia Product. In other words the Software shall always run so that it does not disrupt basic functionalities of the Nokia Product.
3. SERVICE AND SUPPORT BY SUPPLIER
Without prejudice to any other obligations that Supplier may have under this Distribution Agreement or otherwise, Supplier agrees at all times to guarantee the following minimum service and support for the Software:
- E-mail reply to Channel Buyers' or to Buyers' support requests coming through the Nokia Software Market (pre-defined support form routed by Service Provider) within one (1) business day from receipt of the request.
- Preferably resolution e-mail message sent to Channel Buyer or to Buyer within the next business day. In case such information is not available, then
- E-mail message sent to Channel Buyer or to Buyer estimating problem resolution time (maximum estimated resolution time is three (3) business days) within that next business day, or
- E-mail message sent to Channel Buyer or to Buyer asking for more details within that next business day where there is a justified reason to ask for more details.
- Supplier shall reproduce the problem using the platform and the software versions described by Channel Buyer or Buyer within three (3) business days.
- Resolution shall either be sent to Channel Buyer or to Buyer within the estimated time, or Channel Buyer or Buyer is informed via e-mail about a new estimated time for resolution (max two resolution time estimations altogether).
The service and support shall be available to any Channel Buyer or to Buyer without discrimination. The service and support shall be available worldwide also in the English language.
Service Provider may deduct the incurred support costs from the share of the Supplier in case the support service by the Supplier is late in responding support request or given resolution does not solve the support case.
4. PRICE & MARKETING
Supplier agrees to provide Service Provider with a competitive recommended Price proposal for each Software. Supplier agrees that Service Provider shall be free to determine the Prices. Channels Buyers shall be free to determine their own re-distribution prices, which typically consist of (i) the Prices plus a margin determined freely by any Channel Buyer or (ii) the Prices minus a discount determined freely by any Channel Buyer. All the Prices shall be displayed at the Nokia Software Market. Supplier agrees that any determination of Service Provider's Prices and/or any Channel Buyer's prices shall not be deemed to prejudice the rights of Supplier in any manner.
Supplier's revenue share percentage shall be sixty per cent (60%) of the aggregate sum of the Net Prices of all Software included in each accepted Order from Buyers and fifty per cent (50%) of the aggregate sum of the Net Prices of all Software included in each accepted Order from Channel Buyers, both calculated in accordance with Clause 6. Operator and aggregator clearing vary from one to six months depending on aggregator and operator billing systems and procedures.
Supplier and Service Provider may agree upon marketing activities related to Nokia Software Market channels such as but not limited to banners, e-mail campaigns, newsletters, Supplier specific information pages/sections.
In order to market applications Service Provider may give something for “free” while Price stays normal. In such marketing Service Provider is entitled to deduct such costs prior calculating the revenue share. Such costs cannot be more than 50% of the normal price.
5. REPORTING PROCEDURE TO SUPPLIER
Service Provider will provide a web based unique login interface in which Supplier can view the distribution of each applicable Software on a daily basis. Such URL, username and password will be supplied to Supplier after Service Provider has set up an account for Supplier in Service Provider's system. However, the report will not include detailed Buyer information. The report is produced on a daily basis, it shall be considered to be indicative (e.g. due to refunds) and is subject to change without prior written notice. All the reporting will be in Euros (€). This report can be accessed via a browser, and Supplier can filter the distribution information based upon a variable date range.
Should Supplier gain access to any type of Buyer information due e.g. as part of the licence activation key distribution to the Buyer, Supplier agrees to use the Buyer information solely for the purpose of licence activation key distribution and potential related customer support activities. Supplier agrees not to use any Buyer information in his possession for any type of marketing or direct sales activities, or further distributing the Buyer information to anyone not directly related to the distribution of the software product, licence activation key or customer support activity to the Buyer. Creation, maintaining or sharing of any type of customer database based on received Buyer information is strictly prohibited. The Service Provider has the right to terminate the Suppliers Distribution Agreement immediately should Supplier in any way use the Buyer information for any purposes not directly related to purchased software or licence activation code delivery or related customer support activity.
6. SUPPLIER PAYMENT PROCEDURE
By default the Service Provider will remit Supplier Payments on a quarterly basis via wire transfers or checks. Payments will take place thirty (30) days after the end of the quarter. Supplier is entitled to request to be remitted on monthly (one calendar month) or a Supplier specific but not recurring time frame basis (this is always agreed upon case by case and each time non standard payment is made). Service Provider will need to receive either mailing address for checks or bank account and routing number information from Supplier. Quarterly payments via wire transfer are made without any costs to the Supplier. An extra fee will be charged from Supplier if: i) he chooses to receive the payment by check ii) the payment concerns shorter period of time than one calendar quarter. The fee will be assessed each time a payment is made, according to the “Payment term & conditions” table, visible in the Forum Nokia Nokia SWM registration site. The Supplier Payments for Supplier shall be calculated from the Software net Transaction value (total amount of Transactions deducted by returns, refunds and cancellations) according to the revenue share percentage defined in Clause 4. All Supplier Payments remitted to Suppliers will be in Euros (€) based on previous month's net Transaction value, possible Software returns, refunds and cancellations deducted in accordance with the Software refund policy set out in Clause 7.
For each copy of Software distributed to a Buyer by Service Provider or Channel Buyers, Service Provider shall be responsible for the processing of payments made by Buyer (including amounts for Transaction or use taxes). Amounts collected by Service Provider shall be deposited in an account established, owned, and maintained by Service Provider. Service Provider shall be solely responsible for the payment of any and all credit card Transaction fees. Service Provider shall be solely responsible for the preparation and filing of any and all Transaction or use tax returns, and the payment of any and all Transaction or use taxes including all Value Added Tax ("VAT") that may apply, together with any and all related interest and penalties.
By signing the Agreement the Supplier assures that it is duly organized and registered corporation under the laws of domicile country and that those with in EU are VAT registered entities. The Supplier shall in any and all case bear the cost of all national taxes including, but not limiting to VAT. Suppliers that are registered corporations within European Union (EU) are obliged to inform the Service Provider of their VAT identity code.
In case the weekly amount of returns, refunds and cancellations of the Software transactions reaches twenty percent (20%) of the weekly transaction value then Service Provider shall be entitled to postpone any payment to be made to Supplier by thirty (30) calendar days in order to deduct the refunded Price of the cancelled Software transactions.
Under no circumstances shall Service Provider be obligated to pay any Supplier Payment in connection with any activities that are deemed to be fraudulent or criminal. Service Provider shall use its best efforts to screen for, detect, prevent, and take such other actions, as it deems reasonably necessary to prevent any fraudulent activity. The existence of fraud, or the possibility of the existence of fraud, shall be determined at the sole discretion of Service Provider, and Service Provider may, in its sole discretion, make such inquiries and investigations, as it deems appropriate under the circumstances. Pending such inquiries and investigations, Service Provider shall have no obligation to make payment to Supplier of the Supplier Payments associated with such inquiries and investigations.
7. SOFTWARE REFUND AND RE-DOWNLOAD POLICY
Supplier agrees that Buyers are entitled to cancel the Transaction of Symbian Application Software for any reason whatsoever during the period of twenty-eight (28) days from the date of Transaction.
Buyers are entitled to re-download the Software during the period of twelve (12) months from the date of Transaction in case there is a defect in the Software. Buyers are further entitled to cancel the Transaction of Symbian Application Software during the period of sixty (60) days from the date of Transaction in case there is a defect in the Symbian Application Software that Supplier has not been able to remedy within reasonable time. After the period of sixty (60) days from the date of Transaction, Buyers are entitled to cancel the Transaction of the Symbian Application Software only when so required by law. Provided that Buyers have been able to download the Java Application Software, Buyers are not entitled to cancel the Transaction of any Java Application Software, due to the inherent nature of such Java Application Software.
Supplier agrees and understands that in case of any cancellation of the Transaction of Symbian Application Software in accordance with this Distribution Agreement, Service Provider is entitled to deduct the refunded Price and any possible refund charges collected by the payment processor of the cancelled Symbian Application Software from any payment to be made to Supplier.
Supplier further agrees and understands that for the purposes of this Distribution Agreement Service Provider is solely entitled to interpret this Software refund policy and determine its application to Buyers in any event. Supplier hereby unconditionally and irrevocably consents to any such application of this Software refund policy by Service Provider.
8. BINDING AGREEMENT
Supplier and Service Provider agree that this Distribution Agreement is concluded through electronic means and is binding on both Supplier and Service Provider upon Nokia's acceptance of Supplier's Enrollment Request.
9. TERMINATION OF THIS DISTRIBUTION AGREEMENT
The term of this Distribution Agreement will automatically end on the date upon which the Supplier's Agreement between Supplier and Nokia is terminated in accordance with the provisions thereof.
In the case of termination of the agreement between Nokia and Service Provider for any reason Supplier and Service Provider agree that all rights and obligations of Supplier and Service Provider towards each other up until the date of termination of the agreement between Nokia and Service Provider remain in full force and effect.
10. RESTRICTED USE AND INTELLECTUAL PROPERTY RIGHTS
The Nokia Software Market Content on the Nokia Software Market may be protected by Intellectual Property Rights or other proprietary rights of other suppliers, Service Provider, Buyers, Channel Buyers, Nokia or third parties. The use of the Nokia Software Market Content by Supplier, or anyone else, is strictly prohibited, except when in compliance with this Distribution Agreement, the Terms and Conditions and with the authorization of the right owner. The contents of the Nokia Software Market are protected by international and national copyright laws and treaty provisions. Unauthorized use of the Nokia Software Market pages or Nokia Software Market Content may violate Intellectual Property Rights, privacy, publicity and/or communications laws and regulations.
11. INDEMNITY
Supplier agrees to indemnify and hold harmless Service Provider in respect of any and all claims, suits, actions, demands and proceedings ("Claim(s)") and any and all damages, losses, damage, costs, expenses, fines and liabilities (including attorneys' fees and costs) related to and/or arising from any of the following:
(i) Product liability, product safety, personal injury and/or death;
(ii) Loss of and/or damage to property;
(iii) Alleged and/or actual infringement of any Intellectual Property Rights;
(iv) Breach by Supplier of any of its representations, warranties and/or obligations according to this Distribution Agreement;
(v) any other matters related to any Software, Catalog Information, transactions between Supplier and Service Provider, transactions between Service Provider and Channel Buyers, licensing between Supplier and Buyers and/or Transactions; and
(vi) any claim, dispute or disagreement between Service Provider and any Buyer, and/or any Channel Buyer and/or a third party;
where relating to or arising from any Software, Catalog Information, transactions between Supplier and Service Provider, transactions between Service Provider and Channel Buyers, licensing between Supplier and Buyers and/or Transaction(s) and/or Supplier's actions and/or omissions in relation to this Distribution Agreement and/or the Nokia Software Market. Supplier agrees to give Service Provider immediate written notice of any threatening or real Claim(s).
12. LIMITATION OF LIABILITY
NEITHER SERVICE PROVIDER, NOR ANY OF ITS PROVIDERS INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE CONTENTS OF THE NOKIA SOFTWARE MARKET SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, LOST SALES, LOST REVENUES, LOST BUSINESS OR DATA, LOST OPPORTUNITIES OR LOSS OF USE OR LOSS OF EQUIPMENT OR GOODWILL OR LOSSES FOR BUSINESS INTERRUPTION, INCURRED BY SUPPLIER, ANY BUYER, ANY CHANNEL BUYER AND/OR ANY THIRD PARTY WHETHER IN AN ACTION BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR BASIS FOR THE ACTION, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO AND/OR ARISING FROM ANY OF THE FOLLOWING:
(I) THE USE OF AND PARTICIPATION IN THE NOKIA SOFTWARE MARKET OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE NOKIA SOFTWARE MARKET AND/OR THE EFFECTS OF ANY VIRUS(ES);
(II) ANY MATTERS RELATED TO ANY SOFTWARE, CATALOG INFORMATION AND/OR TRANSACTIONS;
(III) ANY CLAIM, DISPUTE OR DISAGREEMENT BETWEEN SERVICE PROVIDER AND ANY BUYER AND/OR ANY CHANNEL BUYER AND/OR A THIRD PARTY;
(IV) ANY INFORMATION AT THE NOKIA SOFTWARE MARKET SUPPLIED BY SERVICE PROVIDER, SUPPLIER, OTHER SUPPLIERS, BUYERS OR THIRD PARTIES; AND
(V) ANY LICENSING BETWEEN SUPPLIER AND BUYERS AND/OR ANY OTHER MATTERS RELATED TO THIS DISTRIBUTION AGREEMENT.
NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT (FUNCTIONAL OR OTHERWISE) OF THE NOKIA SOFTWARE MARKET.
SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE QUALITY, IDENTITY, FINANCIAL STATUS AND/OR RELIABILITY OF ANY BUYER.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THEIR FULL EXTENT TO SUPPLIER. THE LIABILITY OF SERVICE PROVIDER IN SUCH CASE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. FURTHER, SERVICE PROVIDER'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS DISTRIBUTION AGREEMENT AND SUPPLIER'S PARTICIPATION IN THE NOKIA SOFTWARE MARKET WILL NOT EXCEED FIVE HUNDRED EURO (EUR 500).
13. GOVERNING LAW
This Distribution Agreement shall be governed by and construed in accordance with the laws of Finland excluding its choice of laws provisions.
14. FORCE MAJEURE, FALL-BACK ARRANGEMENTS AND SHUTDOWNS
Neither Supplier nor Service Provider shall be liable for loss or damage caused by any delay or failure to perform its obligations under these terms and conditions caused by strikes, lockouts, riots, war, fire, acts of God, accidents, materials shortages, governmental restrictions or denial of import or export licenses, or compliance with any law, regulation or order, or due to any other circumstances or causes that have the effect of frustrating performance of these terms and conditions, or any other cause beyond Supplier's or Service Provider's reasonable control, as applicable.
15. CHANGES
Supplier acknowledges and agrees that Service Provider may modify any of the terms and conditions contained in this Distribution Agreement at any time and in the Service Provider's sole discretion, by posting a change notice or a new Distribution Agreement on the Nokia Software Market and forwarding such modification to Supplier by e-mail at the e-mail address reported to Service Provider by Supplier. As soon as a new version is posted on the Nokia Software Market, Supplier should read the new version of this Distribution Agreement and other changed agreements before continuing the use of the Nokia Software Market. IF ANY MODIFICATION IS UNACCEPTABLE TO SUPPLIER, SUPPLIER's ONLY RECOURSE IS TO TERMINATE THE SUPPLIER's AGREEMENT BETWEEN SUPPLIER AND NOKIA IN WHICH CASE THIS DISTRIBUTION AGREEMENT WILL BE AUTOMATICALLY TERMINATED PURSUANT TO CLAUSE 9. SUPPLIER's USE OF AND/OR PARTICIPATION IN THE NOKIA SOFTWARE MARKET FOLLOWING SERVICE PROVIDER'S POSTING OF CHANGE NOTICE OR NEW DISTRIBUTION AGREEMENT ON THE NOKIA SOFTWARE MARKET WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
16. WARRANTIES
Supplier represents and warrants that it has the right and authority to enter into this Distribution Agreement and to grant Service Provider and Channel Buyers the rights to the Software granted in this Distribution Agreement.
Supplier represents and warrants to Service Provider that Supplier has all rights, title, and interest in the Software or has obtained the right to grant to Service Provider and Channel Buyers the licenses set forth in this Distribution Agreement. As of the Date of Execution, Supplier represents and warrants that to the best of Supplier's knowledge the Software does not infringe upon or misappropriate the proprietary rights of any other person or organization.
Before clicking and confirming your acceptance of this Distribution Agreement, it is recommended that you print a file copy of this Distribution Agreement for archiving purposes.
INFORMATION ON REVENUE PAYMENTS
Developer revenues are paid quarterly by wire transfer to a bank account in the end of:
- March (for December, January and February sales)
- June (for March, April and May sales)
- September (for June, July and August sales)
- December (for September, October and November sales).
Prices for additional services:
Monthly payments: 25€
Payment by cheque: 25€
Additional reports (other than those in Developer Extranet or monthly pdf report): 75€/hour
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