SaaS Maker DEVELOPER™ AGREEMENT

GENERAL TERMS OF USE

The SaaS Maker Developer Agreement (“Agreement”) is also subject to the SaaS Maker General Terms of Use Agreement.

LICENSE, FEES AND PAYMENT.   Virtual Global, Inc. (“Virtual Global”) and SaaSMaker.com hereby grant you a non-exclusive, non-transferable license to use the SaaS Maker DEVELOPER for the fees described at the time of signup (if any) and under the terms described in this Agreement.  Pricing is established by Virtual Global, which may change pricing in its sole discretion. Virtual Global reserves the right to establish or modify its general practices and pricing relating to bandwidth and storage.

INTELLECTUAL PROPERTY RELATED TO SaaS Maker APPS

As between you and Virtual Global:

You retain all rights to claim title and interest in and to any adaptations that result in SaaS Maker APPS or SaaS Maker GIZMOS that you create using SaaS Maker DEVELOPER or the API, including all associated Intellectual Property Rights, so long as those apps or modules in no way infringe on the rights of others, and as long as those apps or modules do not compete with any preexisting Virtual Global offerings.

Virtual Global retains all rights, title and interest in and to ( and you obtain no rights of any kind in) all SaaS Maker Intellectual Property, with the sole exception of intellectual property associated with the SaaS Maker APPS or SaaS Maker GIZMOS that were created by you or others.

YOUR RESPONSIBILITIES. You shall provide front-line technical support to users of your SaaS Maker APPS in accordance with industry best practices, and are invited to directly escalate probable SaaS Maker PLATFORM bugs to Virtual Global Technical Support. Virtual Global has no obligation to provide any direct support to your users.

PAYMENT PROCESSING. Any purchases by your customers or your SaaS Maker APP will be processed at and by Virtual Global or its secure designated agent(s). Once approved, a check will be mailed to your address quarterly or within 14 days of accumulated purchases exceeding $1000, whichever comes first. Such check will total the purchase price minus applicable Virtual Global fees.

SaaS Maker GIZMOS. At times, third-party software and web services may be made accessible via SaaS Maker gizmos, using the SaaS Maker API. In such cases, Virtual Global has made no modifications to the software, and makes no claims of ownership, intellectual property, or responsibility to such software.

DATA.

In the event this Agreement is terminated (other than by reason of your breach), Virtual Global will make available to you a copy of your data as a file in a format of its discretion, if so requested within 14 days following the termination.

In the event of a breach, including non-payment, Virtual Global reserves the right to withhold, remove and/or discard Customer Data without notice. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Virtual Global shall have no obligation to maintain or forward any Customer Data.