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Details of the MapleConnect Partnership This document outlines the details of the MapleConnect program. It also covers the basic terms of the Reseller Agreement. Roles Developer The developer will: Develop, test, document and bundle the product into a single downloadable file. Be responsible for product quality. Although Maplesoft will perform some basic quality checks, you are responsible for full product testing, including installation testing and the accuracy of the documentation. Determine pricing and licensing, based on the guidelines and options provided by Maplesoft. Create product descriptions and other marketing information as required Provide technical support to your end users. Maplesoft Maplesoft will: List the product on the Maplesoft Web site, thus providing visibility to the target audience of your product. Provide the sales infrastructure, including online credit card verification and transactions, download servers, support for multiple pricing models (e.g. student and volume pricing), collecting appropriate sales tax, and producing royalty reports. All fees associated with these transactions will be paid by Maplesoft. Provide access to a MapleConnect developer site. This site will contain information about the productization process, including legal, sales and marketing tips. For example, a sample End User License Agreement, which can be taken and modified, will be provided. Perform a basic quality check on the product. Maplesoft reserves the right to send a submitted product back for updates if the product fails this test. Promote the MapleConnect program and promote the existence of MapleConnect products in a non-specific manner. At our discretion, promote particular products as part of our own marketing activities. Reseller Agreement Summary When your product is ready for sale, you must sign a Reseller Agreement with Maplesoft before we can sell your product on our Web Store. The basic terms of the reseller agreement are explained in the following sections. Product Sales The revenue split from sales is 50% to the developer and 50% to Maplesoft. The costs of the credit-card and download transactions will be paid by Maplesoft. The developer's report and revenue share will be issued quarterly, in alignment with the Maplesoft fiscal quarter schedule. The report will include purchaser information that has been collected. A minimum price will be enforced for all products. We have the right to refuse to sell a product when the seller's country of origin is under on-going trade embargoes enforced by significant organizations. Intellectual Property The developer retains all copyrights and intellectual property rights after commercialization. Exclusivity This is a non-exclusive agreement. You can sell your product through other channels. Maplesoft can sell competitive products to your product. Maplesoft can independently develop, or contract for the development of, similar products, or expand Maple to include functionality matching that of your product, before, during, or after you submit your product for sale. Duration of Agreement Either party can cancel the agreement at any time, with reasonable notice. Maplesoft can withdraw your product without notice if it is deemed offensive or dangerous (e.g. contains a virus, contains offensive content), contravenes export controls (e.g. on encryption), or if a complaint has been lodged regarding an intellectual property violation. The reseller agreement is valid for a year after the product is first posted, and after that must be renewed. Either party can choose not to renew, for any reason. Technical Support The developer is responsible for providing technical support for his product. To protect its reputation for customer service, Maplesoft reserves the right to withdraw any product from sale if customers complain about a lack of support from the developer. At a minimum, the developer will be required to: Provide installation support Provide an email address where customers can send questions Provide "reasonably timely" responses to customer queries for a period of one year after purchase. It is understood that it will not always be possible to fix the customer's problem, but attempts should be made to provide assistance and workarounds whenever possible, and a response should always be made even if the answer is "Sorry, no, that can't be done right now." More information about providing technical support will be provided on the developer site. Miscellaneous Elements The MapleConnect Resellers Agreement establishes a legal, business relationship between you, the developer and Maplesoft. As such, it will include general, important legal elements that you will be required to agree to, in addition to the terms described above. You must certify that you are legally in a position to sell this product (that it is really your own work, or work you have the right to distribute), and that you are legally able to enter into this agreement (for example, you are not under any Non-Disclosure Agreements with another company that would be violated). The legal description is "Representations and Warranties", which consists of a series of statements about yourself (the representations) which you promise are true (the warranty). We take no responsibility for ensuring that you own or have the right to sell the Intellectual Property. We are not responsible for ensuring you have met the requirements of your employer. If anyone lodges a complaint, we will remove your product until you have resolved the issue. As a legal partner in a business relationship, you agree to not direct blame or support any legal action against Maplesoft if anyone makes a claim against you or Maplesoft for alleged consequences of the relationship. The legal word covering these issues is "Indemnification". As Maplesoft is a Canadian company located in the Province of Ontario, you must agree to resolve any disputes between you and Maplesoft in an Ontario court. This condition is known as the "Governing Law" clause.