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                            MOBILE APPS STORE APPLICATION DEVELOPER DISTRIBUTION AGREEMENT

1. DEFINITIONS
The following terms shall be interpreted as provided:

a.	“APPLICATION”,“APP” and/or “APPS” means all software applications, games or other digital products, including any content, technology, data and other digital materials included in or made available through such products, together with their enhancements, upgrades, updates, bug fixes, new versions and other modifications and amendments;
b.	“MOBILE APPS STORE” and/or “MOBILE APP ZONE” shall mean and include any software, documentation or related material, which is operated by MOBILE APPS STORE and where DEVELOPERS can distribute APPLICATIONS and/or APPS to users of DEVICES as per the conditions set out under this Agreement;
c.	“AUTHORIZED CARRIER” means a Mobile Network Operator who is authorized to receive a distribution fee for the APPLICATIONS or APPS that are sold to users of DEVICES on its network.
d.	“DEVELOPER” and/or YOU means any Person or Company who is registered and approved by MOBILE APPS STORE to distribute APPS in accordance with the terms of this Agreement.
e.	“DEVELOPER ACCOUNT” means a publishing account issued to DEVELOPERS that enables the distribution of APPS via the APP MARKET.
f.	“DEVICE” means any mobile device that can access the MOBILE APPS STORE directly or indirectly;
g.	“LIST PRICE” for an application means an amount that does not exceed, at any time, 3 times the lowest or suggested retail price for such APP, including any similar edition, version or release thereof, available on any SIMILAR SERVICE(s) or the lowest actual price at which such application is made available for sale through any SIMILAR SERVICE.
h.	MOBILE APPS STORE means a company owned by ‘Apache Technologies Private Limited’ incorporated in India having its registered office at 99/6 J.K. Colony Jajmau Kanpur (UP)-208010.
i.	“PERSONAL INFORMATION” refers to descriptive or identifying information or material specific to an entity or user registered under MOBILE APPS STORE;
j.	“PLATFORM” shall include the MOBILE APPS STORE software which is natively loaded on a DEVICE or made available to users through any other means to access the MOBILE APPS STORE;
k.	“PRODUCT INFORMATION” means, required product information and any other information and content related to the APPLICATION and/or APPS, including but not restricted to (a) all metadata, graphics, artwork, images, trademarks, trade names, logos and other descriptive or identifying information and (b) the excerpts created, and (c) any DEVELOPER’S EULA which is provided by the Developer;
l.	“PAYMENT PROCESSOR(S)” means any party authorized by MOBILE APPS STORE to provide payment processing services that enable Developers with authorized Payment Accounts to charge App users for Apps distributed via the MOBILE APPS STORE.
m.	“PAYMENT ACCOUNT” means a financial account issued by a PAYMENT PROCESSOR to a DEVELOPER that authorizes the PAYMENT PROCESSOR to collect and remit payments on the DEVELOPER'S behalf for Apps sold via the MOBILE APPS STORE. Developers must be approved by a Payment Processor for a Payment Account and maintain their account in good commercial standing to charge for Apps distributed in the MOBILE APPS STORE.
n.	“REQUIRED PRODUCT INFORMATION” shall include the APPLICATION and/or APPS commercial title, Initial Availability Date, Category, Developer Name, Publisher Name, List Price, Product Description, Icon/Image, and any other information related to the Apps.
o.	“SIMILAR SERVICES” shall mean online distribution services that make Apps available for sale or download to end users using a mode of distribution similar to those used by MOBILE APPS STORE on www.mobileappsstore.in or any other domain, including any mobile or Internet-based application marketing, sales and distribution service;

2. ACCEPTANCE AND ASSENT BY THE DEVELOPER, I.E. YOU

a.	This MOBILE APPS STORE APPLICATION DEVELOPER DISTRIBUTION AGREEMENT ("Agreement") forms a legally binding contract between YOU the DEVELOPER and MOBILE APPS STORE in relation to your use of the MOBILE APPS STORE to distribute APPS. In order to use the MOBILE APPS STORE to distribute the APPS, you must first agree to this Agreement by clicking to accept where this option is made available to you. You may not distribute APPS on the MOBILE APPS STORE if you do not accept this Agreement.
b.	You may not use the MOBILE APPS STORE to distribute APPS and may not accept the Agreement unless you are verified as a DEVELOPER in good standing at the sole discretion of MOBILE APPS STORE.
c.	This Agreement will automatically terminate if you are (a) not a DEVELOPER in good standing, or (b) a person or entity barred from using MOBILE APPS STORE software under the laws of India or other countries including the country in which you are resident.
d.	If you are agreeing to be bound by this Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this Agreement. If you do not have the requisite authority, you may not accept the Agreement or use the MOBILE APPS STORE on behalf of your employer or other entity.

3. SUBJECT MATTER

That the DEVELOPER duly authorizes MOBILE APPS STORE to promote, sell and distribute APPS as provided in this Agreement, including through the MOBILE APPS STORE, www.mobileappsstore.in website, application, mobile interface, service, or user interface that allows for the discovery, download and purchase of APPS.

4. GRANT OF RIGHTS

THE DEVELOPER HEREBY GRANTS THE FOLLOWING RIGHTS TO MOBILE APPS STORE:

a.	INTERNAL USE LICENSE
The nonexclusive, irrevocable, royalty-free, worldwide license to
1. use, evaluate and test APPS, PRODUCT INFORMATION, and any embedded advertising;
2. Reproduce and store content in digital form on one or more computer facilities for the purpose of promoting, selling and distributing the APPS and in connection with the MOBILE APPS STORE;
3. modify and add to APPS for the purpose of enforcing digital rights management (“DRM”), at the option of the DEVELOPER, to collect health and stability analytics and any other aggregate data relating to the APPS, to evaluate and enforce program policies, and to share aggregated information with the DEVELOPER, pertaining to the program; and
4. Retain, for a maximum of 3 months after the term, one or more electronic copies of each APP and associated Product Information and allow access to and downloads and re-downloads of APPS by end users in consonance with the provisions of this Agreement.

b.	DISTRIBUTION
The nonexclusive, irrevocable, royalty-free right to sell and distribute APPS to end users, by all means of electronic distribution available.
c.	AVAILABILITY AND WITHDRAWAL OF APP
MOBILE APPS STORE shall retain the right to determine, at its sole discretion, the availability of any APP through its MOBILE APPS STORE and in furtherance of the same, it may stop any transaction, or take other actions as needed to restrict access to or availability of any Content that does not comply with this Agreement or that otherwise might adversely affect end users. Such inclusion/withdrawal shall not relieve the DEVELOPER of its responsibility to ensure the APP complies with this Agreement or other obligations under this Agreement. Any withdrawal shall apply only to future end user purchases, after the withdrawal date and not to purchases that have already occurred, unless otherwise determined by MOBILE APPS STORE in its discretion.
d.	PROMOTION
The nonexclusive, irrevocable, royalty-free, worldwide rights to
i.	use, reproduce, distribute, reformat, create excerpts from, promote, advertise, transmit, and publicly display and perform the PRODUCT INFORMATION in any and all digital and other formats for promotional purposes in connection with this program (except for the use of any trademark provided, by the DEVELOPER, for the purposes of selling an APP after the withdrawal of that APP after the termination of the agreement); and 
ii.	Create, reproduce, distribute, reformat, transmit, and publicly display and perform limited excerpts of APPS for promotional purposes in any and all digital formats during the term of the agreement.

e.	ADDITIONAL RIGHTS
MOBILE APPS STORE may exercise such ancillary rights that are reasonably necessary to affect the intent of the grants of rights contained in this Agreement, including but not limited to the rights to package, encode, store, transmit, create derivative works based on, and publicly perform and display content to effectuate such rights. Further, it may also sublicense its rights in PRODUCT INFORMATION and the APPS under this Agreement with consent of the developer, to third parties operating the websites or online or mobile points of presence. Nothing in this Agreement shall cause to restrict the exercise of any right under applicable law or any separate license.
f.	RESERVATION OF RIGHTS:
Subject to the rights granted in this Agreement and MOBILE APPS STORE’S ownership of MOBILE APPS STORE materials to which access is provided, the DEVELOPER shall retain all right, title and interest in and to content that they deliver to MOBILE APPS STORE and subject to such rights in the content, MOBILE APPS STORE shall retain all right, title and interest in and to the APP and all technology, content, information, services, trademarks and other intellectual property used in connection with it. Without limiting the foregoing, the Parties recognize that any uses of third party brand features in connection with this Agreement, and goodwill associated with such uses, will inure solely to the party owning such brand features. MOBILE APPS STORE also reserves the right to put into application any idea/suggestion received from the DEVELOPER, in relation to the program, without incurring any liabilities, monetary or otherwise.

5. DEVELOPER’S RIGHTS AND OBLIGATIONS

a.	AVAILABILITY AND WITHDRAWAL OF APP
Subject to other terms of this Agreement, the DEVELOPER may withdraw an APP from further sale as of a specified date by giving a notice to the effect to MOBILE APPS STORE and the other party from whereon, the latter shall use commercially reasonable efforts to stop selling the APP within 10 business days after receipt of such notice, and within 5 business days after such receipt in connection with a withdrawal request which has been designated as necessary because of an unexpected loss of (or third party claim related to) the rights required under this Agreement, provided that the DEVELOPER immediately notifies if it unexpectedly loses such rights or become aware of a third party claim related to these rights. Any withdrawal shall apply only to future end user purchases after the withdrawal date and to re-downloads of already purchased apps 3 months after the withdrawal date and not to purchases that have already occurred, unless otherwise determined by MOBILE APPS STORE in its discretion.
b.	DELIVERY OBLIGATIONS
The Parties shall confirm to the following Delivery obligations-
i.	The DEVELOPER shall electronically deliver all APPS, developed during the term of the Agreement, to MOBILE APPS STORE that are designed for platforms for which the entitlement has been conferred under the agreement, which are the same versions and editions (except as otherwise provided in this Agreement) that are made available, directly or indirectly, to any SIMILAR SERVICE and any other APPS in addition to such APPS, subject to qualifications set forth in the present agreement.
ii.	It shall be the obligation of the DEVELOPER that where an APP is available for download, to deliver any bug fixes, patches, and other updates to the APPS, together with any related REQUIRED PRODUCT INFORMATION, as soon as they are available and to further ensure that each APP complies with this Agreement, including the policies related to APP content. The delivery of APPS, which are already in circulation in the market, to
iii.	MOBILE APPS STORE shall be made within 21 days from the acceptance to the agreement and such time, with respect to future APPS, shall be within 1 month before the initial availability date designated to them. Further, each delivery shall also contain REQUIRED PRODUCT INFORMATION.
iv.	The DEVELOPER shall provide accurate PRODUCT INFORMATION and any change to the same, or correction of any inaccuracy shall be made and reported to MOBILE APPS STORE without any inadvertent delays.
c.	INFORMATION OBLIGATIONS
The DEVELOPER shall adhere to the following information obligations:
i.	The DEVELOPER shall, at the time of registration, provide true and correct information required.
ii.	here the DEVELOPER is located in India, it shall provide correct and true information on valid Indian Bank Account to facilitate payments under the Agreement.
d.	PRIVACY OBLIGATIONS
Where the DEVELOPER has access to any name, password, other login information, or personally identifiable information of any end user of the program based on any use of or interaction with the APPS, it shall 
i.	provide legally adequate privacy notices to such end user;
ii.	use and authorize others to access and use it only for the purposes permitted by the end user; and treat, store and use the information in accordance with the applicable privacy
iii.	notice and applicable laws, rules, regulations, orders, and other requirements of governmental agencies.
e.	SUPPORT OBLIGATIONS
It shall provide reasonable technical and product support for APPS as requested by end users or us or as described under the Program Policies. The technical support including, levels of availability, response times and technical skills shall be at least equivalent to the support provided to end users of SIMILAR SERVICES. Response to any support request, that is identify as critical by MOBILE APPS STORE, must preferably be made within 24 hours and in all other cases within five business days of request from an end user or MOBILE APPS STORE.

6. CONSIDERATION

a.	BASIC CONSIDERATION
For each sale of an APP, a sum equal to 70% of the purchase price of the APP, as on the date of purchase, shall be payable to the DEVELOPER, where such purchase price is exclusive of taxes and fees or charges separately stated. The payment of such consideration shall stand due only upon receipt of final payment from or on behalf of the end user. Where an APP is purchased using a credit card or bank account deduction mechanism, final payment will be deemed to have occurred when the applicable credit card company or bank fully settles the payment for the applicable purchase.
b.	REGISTRATION FEES 
There shall be no program registration fees.
c.	TERMS OF PAYMENT
The payment of consideration shall be made on the following terms, namely-
i.	Payment of Consideration shall be made approximately 30 days after the end of the calendar month in which the applicable sale is made, along with a report detailing sales of APPS and corresponding payments.
ii.	All payments shall be made in INR. Where the developer is located in India, payments shall be made to the
iii.	Indian bank account in DEVELOPER’S name, provided for by the DEVELOPER in accordance with the information obligations imposed, via Electronic Funds Transfer (“NEFT”). Where the DEVELOPER is located outside India, payments shall be made
iv.	via paypal.
i.	Where payment is made on a sale and later a refund or credit is issued to the end user for such sale (or a chargeback is received related to the sale) with-in 3 months of the sale, either the amount of the payment previously made may be offset against future Shares or other amounts that would otherwise be payable under this Agreement, or the DEVELOPER may be required to remit such amount. Further, in aforementioned circumstances, any sum payable to the DEVELOPER may also be withheld or offset against amounts that are payable.
v.	No claim for non-payment or non-delivery of dues shall be made after the expiry of 6 months from the date such payment or delivery became due.
vi.	here a third party is assertion is made against any right purported by the DEVELOPER to belong to it, or where DEVELOPER is in breach of this agreement, or in case of any other claims against the DEVELOPER, MOBILE APPS STORE is entitled to all payments pending resolution thereof. Upon termination of agreement, MOBILE APPS STORE may withhold all payments
vii.	due for a period of three months from the date they would otherwise be payable, in order to ensure its ability to offset any end user refunds or other offsets to which it is entitled.

d.	TAXES
The collection and remittance of any taxes imposed on sales of APPS to end users shall be the liability of MOBILE APPS STORE as against any liability for income or other taxes due and payable resulting from payments to the DEVELOPER which shall be borne by the DEVELOPER. Accordingly, unless otherwise stated, the amounts due to the DEVELOPER hereunder are inclusive of any taxes that may apply to such payments. MOBILE APPS STORE, however, retains the right to deduct or withhold any applicable taxes payable by the DEVELOPER from amounts due from itself, and the amounts due, as reduced by such deductions or withholdings, shall constitute full payment.

7. ADDITIONAL TERMS

a.	END USER LICENSE AGREEMENT
The DEVELOPER may provide an EULA (“Developer’s EULA”) with any APP if it complies with the requirements of, and is not inconsistent with, this Agreement which shall operate in addition to MOBILE APPS STORE’S customer terms of use for the program which shall be the default end user license terms (“Default EULA Terms”). In case of conflicts between the Default EULA Terms and DEVELOPER’S EULA, to the extent of such conflict the Default EULA Terms shall have an overriding effect. MOBILE APPS STORE further disclaims any responsibility or liability related to compliance or non-compliance under a DEVELOPER’S EULA or the Default EULA Terms.
b.	DRM USAGE POLICY
MOBILE APPS STORE will provide one optional security mechanism to prevent piracy. The optional security mechanism is intended to minimize the impact of unauthorized copying once software has been downloaded to a DEVICE. However, no explicit guarantees are provided by MOBILE APPS STORE for either of these mechanisms. In addition to the provided security features, the DEVELOPERS are permitted to have their own DRM features in place to protect your intellectual property from unauthorized copying or unlimited downloads.
c.	EMBEDDED ADVERTISING
The DEVELOPER shall ensure that any advertising presented to end users of the APPS complies with all requirements of this Agreement.
d.	LICENSE TO APPSHOP MATERIALS
DEVELOPERS may access, use and reproduce the MOBILE APPS STORE Materials during the Term solely for the purpose of developing and testing APPS for submission under this Agreement and in order to incorporate required MOBILE APPS STORE Materials in the APPS. They shall not otherwise distribute to third parties, the MOBILE APPS STORE Materials or any APPS that contain, or use the MOBILE APPS STORE Materials with, any software or other materials that are subject to licenses or restrictions (e.g., open source software licenses) that, when combined with additional software or other materials (collectively “additional items”), would require MOBILE APPS STORE to disclose, license, distribute or otherwise make all or any part of such additional items available to anyone.
e.	PROHIBITED ACTIONS
DEVELOPERS shall not reverse engineer, disassemble or decompile any binary code used in connection with the MOBILE APPS STORE, including any MOBILE APPS STORE Materials or engage in any act related to this program that interferes with, damages, or accesses or uses in any unauthorized manner the hardware, software, networks, technologies or other properties or services of MOBILE APPS STORE or of any end user, mobile operator or other third party.
f.	PROGRAM SPECIFICS
MOBILE APPS STORE has the sole discretion to determine all features and operations of the program and to set the retail price and other terms on which APPS are sold, processing payments, collecting payments, addressing requests for refunds, and providing customer service related to its obligations, in addition to sole ownership and control of all sales and other data it obtain from end users in connection with this program. For the sake of clarity, if end users download an APP that is free of charge, that APP will be deemed to be “purchased” by the end user for purposes of this Agreement. It shall have no obligation but shall reserve the right, to promote, distribute, or offer for sale any APP.
g.	LIST PRICE
DEVELOPER shall update the List Price for each APP as necessary to ensure that it meets the requirements of the agreement.

8. CONFIDENTIALITY

THE DEVELOPER SHALL:

a.	protect information made available by MOBILE APPS STORE that is identified as confidential or that reasonably should be considered confidential;
b.	use this information only to fulfill its obligations under this Agreement; and
c.	Either destroy or return all such information promptly when the Agreement terminates (and, upon request, confirm such destruction in writing). In absence of an express written permission from MOBILE APPS STORE, its trademark, service mark, commercial symbol, or other proprietary right shall not be used, issue press releases or other publicity relating to it or this Agreement, or reference to it in promotional materials shall not be done.

9. REPRESENTATIONS AND WARRANTIES
THE DEVELOPER REPRESENTS, WARRANTS AND COVENANT THAT:

a.	The DEVELOPER is at least the legal age of majority and capable to form a legally binding contract. Where DEVELOPER is a business or other legal entity and not an Individual, then the Individual entering into this Agreement on DEVELOPER’S behalf represents that he or she has all necessary legal authority to bind DEVELOPER to this Agreement;
b.	has the full right, power, and authority to enter into and fully perform this Agreement;
c.	Before providing us any content, the rights necessary for the exercise of all rights granted under this Agreement has been obtained, it shall be solely responsible for and payment to any Licensors or Co-owners, of any royalties or other monies due to them related to such content;
d.	None of the following are violation of any Law, contain any defamatory material, or violate or infringe any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights):
i.	the exercise of any rights granted under this Agreement;
ii.	any materials (including advertising) embodied in the Content; the sale or distribution of the Content as authorized in this Agreement; or
iii.	any notices, instructions or advertising for or in connection with any APPS;
e.	The content is free from any viruses, spyware, “Trojan horses,” or other “malware” or harmful code, and will not cause injury to any person or damage to any property; and Any attributions, copyright information and other notices, terms and conditions that may be required to be provided to end users (e.g., as part of DEVELOPER’S EULA) based on use of third party “open source” software or other third party intellectual property in any APP are provided for, along with the source code corresponding to any APP or portion thereof if and in the manner required by applicable third party terms and conditions (e.g., open source software licenses).

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
This program and any MOBILE APPS STORE Materials are provided “as is.” MOBILE APPS STORE shall in no event be liable for any loss of data or content, loss of profits, cost of cover or other special, incidental, consequential, indirect, exemplary or reliance damages arising from or in relation to this agreement, or for any equitable remedy of disgorgement or otherwise, however caused and regardless of theory of liability. In no event shall its liability hereunder exceed the amount of fees due and payable to DEVELOPER under this agreement for the twelve-month period preceding such claim. MOBILE APPS STORE specifically disclaims, with respect to all services, software, content or products provided by or on behalf of BOBIKWIK in connection with this agreement or this program or MOBILE APPS STORE Materials, all warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Parties acknowledge and agree that MOBILE APPS STORE cannot ensure that content submitted by or on behalf of DEVELOPERS will be protected from theft or misuse, and it shall have no liability arising from a failure of any security technology or procedure or of any end user to comply with any terms of use regarding this program or otherwise. It also disclaims any responsibility or liability related to compliance or non compliance under a DEVELOPER’S EULA or the Default EULA terms.

11. INDEMNITY
The DEVELOPER shall indemnify, defend and hold MOBILE APPS STORE (including any officers, directors, employees, contractors and assigns) harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises from any claim relating to any content published by the DEVELOPER, or from any breach of the former’s warranties or obligations set forth in this Agreement. The former shall also not consent to the entry of a judgment or settle a claim in which both are parties are involved without latter’s prior written consent, which may not be unreasonably withheld. Use shall be made of a counsel reasonably satisfactory to MOBILE APPS STORE to defend each claim.
If MOBILE APPS STORE reasonably determines that a claim might adversely affect it, it may take control of the defense at its expense (without limiting your indemnification obligations). The obligations contained under this Section are independent of other obligations under the Agreement.

MOBILE APPS STORE shall indemnify, defend and hold the DEVELOPER (including any officers, directors, employees, contractors and assigns) harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises from any claim relating to sales, misrepresentations, warranties or obligations set forth in this Agreement due a breach on its part. The former shall also not consent to the entry of a judgment or settle a claim in which both are parties without latter’s prior written consent, which may not be unreasonably withheld.

12. TERM AND TERMINTAION/SUSPENSION

The following shall govern the terms and termination/suspension of the present Agreement, namely-

a.	The term of this Agreement shall be of effect on the date of its acceptance, either expressed or implied or on account of registration to the program, and shall continue until the same is terminated by the parties to the Agreement;
b.	MOBILE APPS STORE stands entitled to terminate this agreement and access DEVELOPER’s account details at MOBILE APPS STORE at its discretion, with or without advance notice to the effect;
c.	The DEVELOPER stands entitled to terminate the agreement at any time, subsequent to at least 10 days advance written notice, in which case the other party shall stop selling the APPS from the date such termination takes effect;
d.	Subject to MOBILE APPS STORE’S discretion and a time limit of 3 months, no termination or suspension shall have the affect of denying further access, downloads or re-downloads of APPS by end users who have purchased the APP prior to the date the termination or suspension taking effect, nor their rights in previously-downloaded APPS;
e.	No corresponding obligation shall arise on MOBILE APPS STORE to return copies of any content or other materials that you provided, on account of termination or suspension;

13. MISCELLANEOUS

a.	AMENDMENTS
MOBILE APPS STORE reserves the right to amend this Agreement at any time in its discretion subject to notice of the changes by posting an updated version of this Agreement online or by emailing an email address provided for by the party. Amendments to the payment of consideration shall come into effect after expiry of 30 days from the date of posting or notification. Any other changes to the Agreement shall be effective as of the date of posting or notification, unless there is specified a different effective date when particular change is made. Changes to the agreement will be informed to the developer via email at least 2 weeks before they are made active. It shall be the responsible of the parties to check for Agreement updates. A continued participation in the MOBILE APPS STORE subsequent to amendments to this Agreement taking effect shall constitute acceptance thereof of such amends. In case of disagreement to an amendment, parties must stop participating in the program and terminate the Agreement.
b.	INVALIDITY OF PROVISION
Where any provision of this Agreement is held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
c.	INTERPRETATION
The word “including” shall be interpreted without limitation when used in this Agreement.
d.	COSTS AND EXPENSES
The parties to this Agreement are independent contractors. Each party shall bear its own costs and expenses in performing this Agreement.
e.	PERFORMANCE OF AGREEMENT
MOBILE APPS STORE reserves the right to use one or more subcontractors to exercise its rights and perform its obligations hereunder and shall be responsible for ensuring that the subcontractors comply with the applicable portions of this Agreement in discharge of their functions. MOBILE APPS STORE’S failure to enforce any provision of the Agreement shall not constitute a waiver of rights to subsequently enforce the provision.

ASSIGNMENT
There shall be no assignment of rights or obligations under this Agreement by the DEVELOPERS, whether by operation of law or otherwise, without prior written consent of MOBILE APPS STORE, except that they may assign all of their rights and obligations under this Agreement to any corporation or other entity without consent in connection with a merger or the sale of all or substantially all of its assets as long a written notice to the effect is given to MOBILE APPS STORE no later than ten business days before such assignment. Further, subject to the foregoing limitation, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not give any third party (except where specified) any rights or remedies hereunder.

a. COMMUNICATION
Any notice or other communication to be given hereunder shall be in writing and given

i.	by MOBILE APPS STORE via email, via a posting in the Program Policies, or via a message through DEVELOPER’S program account, or 
ii.	by the Developer via email to contact@mobileappsstore.in with a cc via email to appsupport@mobileappsstore.in or to such other email or physical addresses as it may specify from time to time. The date of receipt will, in the case of email, be deemed the date on which such notice is transmitted.

b. SURVIVAL CLAUSE
The following provisions of this Agreement will survive termination of this Agreement: Section 4, 5(d) & (e), 6, 7(a, b, c, d and e) and 9 through 13, all DEVELOPER representations and warranties in this Agreement, and any other provisions that, by their nature, are intended to survive. All rights to APPS acquired by end users will survive termination.

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