Updating per instructions from Tristan Ostrowski <tostrowski@google.com> b/24584030 Change-Id: I9ce7d36428a6f63ad83fcde3b9f1be99b7a7a496
408 lines
17 KiB
HTML
408 lines
17 KiB
HTML
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<p>This is the Android Software Development Kit License Agreement.</p>
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<h2>
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1. Introduction
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</h2>
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<p>
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1.1 The Android Software Development Kit (referred to in the License Agreement as the "SDK" and
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specifically including the Android system files, packaged APIs, and Google APIs add-ons) is
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licensed to you subject to the terms of the License Agreement. The License Agreement forms a
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legally binding contract between you and Google in relation to your use of the SDK.
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</p>
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<p>
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1.2 "Android" means the Android software stack for devices, as made available under the Android
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Open Source Project, which is located at the following URL: http://source.android.com/, as
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updated from time to time.
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</p>
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<p>
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1.3 A "compatible implementation" means any Android device that (i) complies with the Android
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Compatibility Definition document, which can be found at the Android compatibility website
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(http://source.android.com/compatibility) and which may be updated from time to time; and (ii)
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successfully passes the Android Compatibility Test Suite (CTS).
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</p>
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<p>
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1.4 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600
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Amphitheatre Parkway, Mountain View, CA 94043, United States.
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</p>
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<h2>
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2. Accepting this License Agreement
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</h2>
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<p>
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2.1 In order to use the SDK, you must first agree to the License Agreement. You may not use the
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SDK if you do not accept the License Agreement.
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</p>
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<p>
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2.2 By clicking to accept, you hereby agree to the terms of the License Agreement.
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</p>
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<p>
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2.3 You may not use the SDK and may not accept the License Agreement if you are a person barred
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from receiving the SDK under the laws of the United States or other countries, including the
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country in which you are resident or from which you use the SDK.
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</p>
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<p>
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2.4 If you are agreeing to be bound by the License Agreement on behalf of your employer or other
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entity, you represent and warrant that you have full legal authority to bind your employer or
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such entity to the License Agreement. If you do not have the requisite authority, you may not
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accept the License Agreement or use the SDK on behalf of your employer or other entity.
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</p>
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<h2>
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3. SDK License from Google
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</h2>
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<p>
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3.1 Subject to the terms of the License Agreement, Google grants you a limited, worldwide,
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royalty-free, non-assignable, non-exclusive, and non-sublicensable license to use the SDK solely
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to develop applications for compatible implementations of Android.
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</p>
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<p>
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3.2 You may not use this SDK to develop applications for other platforms (including
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non-compatible implementations of Android) or to develop another SDK. You are of course free to
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develop applications for other platforms, including non-compatible implementations of Android,
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provided that this SDK is not used for that purpose.
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</p>
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<p>
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3.3 You agree that Google or third parties own all legal right, title and interest in and to the
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SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property
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Rights" means any and all rights under patent law, copyright law, trade secret law, trademark
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law, and any and all other proprietary rights. Google reserves all rights not expressly granted
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to you.
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</p>
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<p>
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3.4 You may not use the SDK for any purpose not expressly permitted by the License Agreement.
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Except to the extent required by applicable third party licenses, you may not: (a) copy (except
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for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or
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create derivative works of the SDK or any part of the SDK; or (b) load any part of the SDK onto a
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mobile handset or any other hardware device except a personal computer, combine any part of the
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SDK with other software, or distribute any software or device incorporating a part of the SDK.
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</p>
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<p>
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3.5 Use, reproduction and distribution of components of the SDK licensed under an open source
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software license are governed solely by the terms of that open source software license and not
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the License Agreement.
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</p>
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<p>
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3.6 You agree that the form and nature of the SDK that Google provides may change without prior
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notice to you and that future versions of the SDK may be incompatible with applications developed
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on previous versions of the SDK. You agree that Google may stop (permanently or temporarily)
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providing the SDK (or any features within the SDK) to you or to users generally at Google's sole
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discretion, without prior notice to you.
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</p>
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<p>
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3.7 Nothing in the License Agreement gives you a right to use any of Google's trade names,
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trademarks, service marks, logos, domain names, or other distinctive brand features.
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</p>
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<p>
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3.8 You agree that you will not remove, obscure, or alter any proprietary rights notices
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(including copyright and trademark notices) that may be affixed to or contained within the SDK.
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</p>
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<h2>
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4. Use of the SDK by You
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</h2>
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<p>
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4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under
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the License Agreement in or to any software applications that you develop using the SDK,
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including any intellectual property rights that subsist in those applications.
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</p>
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<p>
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4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a)
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the License Agreement and (b) any applicable law, regulation or generally accepted practices or
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guidelines in the relevant jurisdictions (including any laws regarding the export of data or
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software to and from the United States or other relevant countries).
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</p>
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<p>
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4.3 You agree that if you use the SDK to develop applications for general public users, you will
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protect the privacy and legal rights of those users. If the users provide you with user names,
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passwords, or other login information or personal information, you must make the users aware that
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the information will be available to your application, and you must provide legally adequate
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privacy notice and protection for those users. If your application stores personal or sensitive
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information provided by users, it must do so securely. If the user provides your application with
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Google Account information, your application may only use that information to access the user's
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Google Account when, and for the limited purposes for which, the user has given you permission to
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do so.
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</p>
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<p>
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4.4 You agree that you will not engage in any activity with the SDK, including the development or
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distribution of an application, that interferes with, disrupts, damages, or accesses in an
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unauthorized manner the servers, networks, or other properties or services of any third party
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including, but not limited to, Google or any mobile communications carrier.
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</p>
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<p>
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4.5 You agree that you are solely responsible for (and that Google has no responsibility to you
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or to any third party for) any data, content, or resources that you create, transmit or display
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through Android and/or applications for Android, and for the consequences of your actions
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(including any loss or damage which Google may suffer) by doing so.
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</p>
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<p>
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4.6 You agree that you are solely responsible for (and that Google has no responsibility to you
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or to any third party for) any breach of your obligations under the License Agreement, any
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applicable third party contract or Terms of Service, or any applicable law or regulation, and for
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the consequences (including any loss or damage which Google or any third party may suffer) of any
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such breach.
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</p>
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<h2>
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5. Your Developer Credentials
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</h2>
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<p>
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5.1 You agree that you are responsible for maintaining the confidentiality of any developer
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credentials that may be issued to you by Google or which you may choose yourself and that you
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will be solely responsible for all applications that are developed under your developer
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credentials.
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</p>
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<h2>
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6. Privacy and Information
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</h2>
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<p>
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6.1 In order to continually innovate and improve the SDK, Google may collect certain usage
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statistics from the software including but not limited to a unique identifier, associated IP
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address, version number of the software, and information on which tools and/or services in the
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SDK are being used and how they are being used. Before any of this information is collected, the
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SDK will notify you and seek your consent. If you withhold consent, the information will not be
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collected.
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</p>
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<p>
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6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in
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accordance with Google's Privacy Policy.
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</p>
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<h2>
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7. Third Party Applications
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</h2>
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<p>
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7.1 If you use the SDK to run applications developed by a third party or that access data,
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content or resources provided by a third party, you agree that Google is not responsible for
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those applications, data, content, or resources. You understand that all data, content or
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resources which you may access through such third party applications are the sole responsibility
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of the person from which they originated and that Google is not liable for any loss or damage
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that you may experience as a result of the use or access of any of those third party
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applications, data, content, or resources.
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</p>
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<p>
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7.2 You should be aware the data, content, and resources presented to you through such a third
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party application may be protected by intellectual property rights which are owned by the
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providers (or by other persons or companies on their behalf). You may not modify, rent, lease,
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loan, sell, distribute or create derivative works based on these data, content, or resources
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(either in whole or in part) unless you have been specifically given permission to do so by the
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relevant owners.
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</p>
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<p>
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7.3 You acknowledge that your use of such third party applications, data, content, or resources
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may be subject to separate terms between you and the relevant third party. In that case, the
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License Agreement does not affect your legal relationship with these third parties.
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</p>
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<h2>
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8. Using Android APIs
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</h2>
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<p>
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8.1 Google Data APIs
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</p>
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<p>
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8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be
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protected by intellectual property rights which are owned by Google or those parties that provide
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the data (or by other persons or companies on their behalf). Your use of any such API may be
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subject to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute
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or create derivative works based on this data (either in whole or in part) unless allowed by the
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relevant Terms of Service.
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</p>
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<p>
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8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that
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you shall retrieve data only with the user's explicit consent and only when, and for the limited
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purposes for which, the user has given you permission to do so.
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</p>
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<h2>
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9. Terminating this License Agreement
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</h2>
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<p>
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9.1 The License Agreement will continue to apply until terminated by either you or Google as set
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out below.
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</p>
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<p>
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9.2 If you want to terminate the License Agreement, you may do so by ceasing your use of the SDK
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and any relevant developer credentials.
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</p>
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<p>
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9.3 Google may at any time, terminate the License Agreement with you if:
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</p>
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<p>
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(A) you have breached any provision of the License Agreement; or
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</p>
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<p>
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(B) Google is required to do so by law; or
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</p>
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<p>
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(C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has
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terminated its relationship with Google or ceased to offer certain parts of the SDK to you; or
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</p>
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<p>
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(D) Google decides to no longer provide the SDK or certain parts of the SDK to users in the
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country in which you are resident or from which you use the service, or the provision of the SDK
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or certain SDK services to you by Google is, in Google's sole discretion, no longer commercially
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viable.
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</p>
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<p>
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9.4 When the License Agreement comes to an end, all of the legal rights, obligations and
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liabilities that you and Google have benefited from, been subject to (or which have accrued over
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time whilst the License Agreement has been in force) or which are expressed to continue
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indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall
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continue to apply to such rights, obligations and liabilities indefinitely.
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</p>
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<h2>
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10. DISCLAIMER OF WARRANTIES
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</h2>
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<p>
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10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT
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THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE.
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</p>
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<p>
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10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
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SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
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COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
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</p>
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<p>
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10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
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EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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</p>
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<h2>
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11. LIMITATION OF LIABILITY
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</h2>
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<p>
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11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
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LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT,
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INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING
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ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD
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HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
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</p>
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<h2>
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12. Indemnification
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</h2>
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<p>
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12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless
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Google, its affiliates and their respective directors, officers, employees and agents from and
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against any and all claims, actions, suits or proceedings, as well as any and all losses,
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liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or
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accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes
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any copyright, trademark, trade secret, trade dress, patent or other intellectual property right
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of any person or defames any person or violates their rights of publicity or privacy, and (c) any
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non-compliance by you with the License Agreement.
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</p>
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<h2>
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13. Changes to the License Agreement
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</h2>
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13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK.
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When these changes are made, Google will make a new version of the License Agreement available on
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the website where the SDK is made available.
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<h2>
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14. General Legal Terms
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</h2>
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<p>
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14.1 The License Agreement constitutes the whole legal agreement between you and Google and
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governs your use of the SDK (excluding any services which Google may provide to you under a
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separate written agreement), and completely replaces any prior agreements between you and Google
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in relation to the SDK.
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</p>
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<p>
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14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is
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contained in the License Agreement (or which Google has the benefit of under any applicable law),
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this will not be taken to be a formal waiver of Google's rights and that those rights or remedies
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will still be available to Google.
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</p>
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<p>
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14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any
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provision of the License Agreement is invalid, then that provision will be removed from the
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License Agreement without affecting the rest of the License Agreement. The remaining provisions
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of the License Agreement will continue to be valid and enforceable.
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</p>
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<p>
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14.4 You acknowledge and agree that each member of the group of companies of which Google is the
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parent shall be third party beneficiaries to the License Agreement and that such other companies
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shall be entitled to directly enforce, and rely upon, any provision of the License Agreement that
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confers a benefit on (or rights in favor of) them. Other than this, no other person or company
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shall be third party beneficiaries to the License Agreement.
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</p>
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<p>
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14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU
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MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE
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SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
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</p>
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<p>
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14.6 The rights granted in the License Agreement may not be assigned or transferred by either you
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or Google without the prior written approval of the other party. Neither you nor Google shall be
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permitted to delegate their responsibilities or obligations under the License Agreement without
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the prior written approval of the other party.
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</p>
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<p>
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14.7 The License Agreement, and your relationship with Google under the License Agreement, shall
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be governed by the laws of the State of California without regard to its conflict of laws
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provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located
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within the county of Santa Clara, California to resolve any legal matter arising from the License
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Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for
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injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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</p>
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<p>
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<em>November 20, 2015</em>
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</p> |