SaaS Maker DEVELOPER AGREEMENT

This agreement is between YOU (The SaaS Developer) and SAAS MAKER, INC..

SaaS Maker™ is a platform as a service (PLATFORM) offering provided by SAAS MAKER, INC. SaaS Maker is comprised of the SaaS Maker ENGINE, SaaS Maker FACTORY™ and SaaS Maker API, as well as related services and documents as hosted on SaaSMaker.com; or as deployed by way of a portable appliance.

LICENSE, FEES AND PAYMENT. SAAS MAKER, INC. hereby grant you a non-exclusive, non-transferable license to use the SaaS Maker FACTORY for any fees that may be described at the time of signup and under the terms described in this Agreement. Fees are established by SAAS MAKER, INC. SAAS MAKER, INC. reserves the right to establish or modify its general practices and pricing at its sole discretion and best judgment.

INTELLECTUAL PROPERTY RELATED TO SAAS MAKER APPS

You retain all rights to claim title and interest in and to SaaS Maker APPS or SaaS Maker GIZMOS that you create using SaaS Maker FACTORY or the API under an account that is registered in your name. The ownership includes 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 SAAS MAKER, INC. Offerings. The ownership does not include any rights to the SaaS Maker PLATFORM or SAASMAKER API. The ownership does not include any APPS or GISMOS that were created under accounts that are not registered in your name. To further clarify - SAAS MAKER, INC. retains all rights, title and interest in and to 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.

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 SAAS MAKER, INC. Technical Support. SAAS MAKER, INC. has no obligation to provide any direct support to your users.

PAYMENT PROCESSING. Any subscriptions that are purchased by your customers for your SaaS Maker APP will be processed at and by SAAS MAKER, INC. or its secure designated agent(s). Once approved, a check will be mailed to your address quarterly or within 60 days of accumulated purchases exceeding $100, whichever comes first. Such check will total the subscription price minus applicable SAAS MAKER, INC. 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, SAAS MAKER, INC. 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), SAAS MAKER, INC. 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 for non-free services, SAAS MAKER, INC. shall not have any obligation to retain your application or its data.

The SaaS Maker DEVELOPER Agreement (“Agreement”) is also subject to the SaaS Maker General Terms of Use Agreement and Privacy Policy.