“Developer Website” means the website, currently at
http://create.msdn.com,through whichMicrosoft communicates with Application Providers and through which Applications are submittedfor Certification and distribution through the Windows Phone Marketplace. j.
“Distributors” means, collectively, Microsoft and network operators that provide billing services for
Windows Phone Marketplace.k.
“Documentation” means the Developer Website and the Certification Requirements, and
such otherWindows Phone Marketplace materials and information Microsoft makes available to ApplicationProviders from time to time.l.
“Excluded License” means any license requiring, as a condition of use, modification and/or
distribution of the software subject to the license, that the software or other software combinedand/or distributed with it be (i) disclosed or distributed in source code form; (ii) licensed for thepurpose of making derivative works; or (iii) redistributable at no charge. Excluded Licenses include,
but are not limited to the GPLv3 Licenses. For the purpose of this definition, “GPLv3 Licenses” means
the GNU General Public License version 3, the GNU Affero General Public License version 3, the GNULesser General Public License version 3, and any equivalents to the foregoing.m.
“Marks” means the trademarks, logos, icons, short and long product descriptions, and screenshots
you provide to Microsoft for use in connection with the distribution of your Application through theWindows Phone Marketplace.n.
“Marketplace Account” means a service account for the Developer Website, which includes a user
name and password.o.
“Marketplace Fee” means the percentage of Net Receipts for an Application that is retained by
Microsoft as a fee for distributing the Application. The Marketplace Fee shall be thirty percent (30%)of Net Receipts for each Application.p.
“Microsoft Service” means the Windows Phone Marketplace and the Developer Website.
“Net Receipts” means the total amounts collected from Purchasers i
n connection with the downloadof an Application from Windows Phone Marketplace, (i) minus any sales, use, or VAT/GST taxescollected from Purchasers for remittance by Microsoft in accordance with Section 6 of thisAgreement; and (ii) minus any amounts refunded to Purchasers in accordance with the RefundPolicy.r.
“PC Companion” means the PC based software that provides desktop sync capability and Windows
Phone Marketplace access for Windows Phone 7.s.
“Purchaser” means any end user customer of the Windows Ph
one Marketplace who downloads anApplication, regardless of whether such customer pays a fee to obtain the Application.t.
“Refund Policy” means Microsoft’s refund policy for WM6.x Applications distributed through the