mirror of
https://github.com/luzifer-aur/google-chrome.git
synced 2024-11-08 19:10:04 +00:00
902 lines
52 KiB
HTML
902 lines
52 KiB
HTML
|
<!DOCTYPE html>
|
|||
|
<!-- saved from url=(0068)https://www.google.com/intl/en/chrome/browser/privacy/eula_text.html -->
|
|||
|
<html class="js consumer" lang="en" id="linux"><head><meta http-equiv="Content-Type" content="text/html; charset=UTF-8">
|
|||
|
|
|||
|
<script type="text/javascript" async="" src="./Google Chrome Terms of Service_files/ga.js"></script><script>
|
|||
|
(function(e, p){
|
|||
|
var m = location.href.match(/platform=(win8|win|mac|linux|cros)/);
|
|||
|
e.id = (m && m[1]) ||
|
|||
|
(p.indexOf('Windows NT 6.2') > -1 ? 'win8' : p.indexOf('Windows') > -1 ? 'win' : p.indexOf('Mac') > -1 ? 'mac' : p.indexOf('CrOS') > -1 ? 'cros' : 'linux');
|
|||
|
e.className = e.className.replace(/\bno-js\b/,'js');
|
|||
|
})(document.documentElement, window.navigator.userAgent)
|
|||
|
</script>
|
|||
|
<meta charset="utf-8">
|
|||
|
<meta content="initial-scale=1, minimum-scale=1, width=device-width" name="viewport">
|
|||
|
<meta content="Google Chrome Terms of Service" name="description">
|
|||
|
<title>
|
|||
|
Google Chrome Terms of Service
|
|||
|
</title>
|
|||
|
<link href="https://plus.google.com/100585555255542998765" rel="publisher">
|
|||
|
<link href="https://www.google.com/images/icons/product/chrome-32.png" rel="icon" type="image/ico">
|
|||
|
<style>
|
|||
|
body {
|
|||
|
font-family: Arial;
|
|||
|
font-size: 13px;
|
|||
|
}
|
|||
|
</style>
|
|||
|
<script src="./Google Chrome Terms of Service_files/autotrack.js">
|
|||
|
</script><style type="text/css"></style>
|
|||
|
<script>
|
|||
|
new gweb.analytics.AutoTrack({
|
|||
|
profile: 'UA-26908291-1'
|
|||
|
});
|
|||
|
</script>
|
|||
|
<style type="text/css">.st {word-wrap: break-word;}</style></head>
|
|||
|
<body class="" id="grid">
|
|||
|
<div class="browser-eula" id="main">
|
|||
|
<div class="compact">
|
|||
|
<h2>
|
|||
|
Google Chrome Terms of Service
|
|||
|
</h2>
|
|||
|
<p>
|
|||
|
These Terms of Service apply to the executable code version of Google Chrome. Source code
|
|||
|
for Google Chrome is available free of charge under open source software license
|
|||
|
agreements at http://code.google.com/chromium/terms.html.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>1. Your relationship with Google</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
1.1 Your use of Google’s products, software, services and web sites (referred to
|
|||
|
collectively as the “Services” in this document and excluding any services provided to
|
|||
|
you by Google under a separate written agreement) is subject to the terms of a legal
|
|||
|
agreement between you and Google. “Google” means Google Inc., whose principal place of
|
|||
|
business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This
|
|||
|
document explains how the agreement is made up, and sets out some of the terms of that
|
|||
|
agreement.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
1.2 Unless otherwise agreed in writing with Google, your agreement with Google will
|
|||
|
always include, at a minimum, the terms and conditions set out in this document. These
|
|||
|
are referred to below as the “Universal Terms”. Open source software licenses for Google
|
|||
|
Chrome source code constitute separate written agreements. To the limited extent that the
|
|||
|
open source software licenses expressly supersede these Universal Terms, the open source
|
|||
|
licenses govern your agreement with Google for the use of Google Chrome or specific
|
|||
|
included components of Google Chrome.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
1.3 Your agreement with Google will also include the terms set forth below in the Google
|
|||
|
Chrome Additional Terms of Service and terms of any Legal Notices applicable to the
|
|||
|
Services, in addition to the Universal Terms. All of these are referred to below as the
|
|||
|
“Additional Terms”. Where Additional Terms apply to a Service, these will be accessible
|
|||
|
for you to read either within, or through your use of, that Service.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
1.4 The Universal Terms, together with the Additional Terms, form a legally binding
|
|||
|
agreement between you and Google in relation to your use of the Services. It is important
|
|||
|
that you take the time to read them carefully. Collectively, this legal agreement is
|
|||
|
referred to below as the “Terms”.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
1.5 If there is any contradiction between what the Additional Terms say and what the
|
|||
|
Universal Terms say, then the Additional Terms shall take precedence in relation to that
|
|||
|
Service.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>2. Accepting the Terms</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
2.1 In order to use the Services, you must first agree to the Terms. You may not use the
|
|||
|
Services if you do not accept the Terms.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
2.2 You can accept the Terms by:
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(A) clicking to accept or agree to the Terms, where this option is made available to you
|
|||
|
by Google in the user interface for any Service; or
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(B) by actually using the Services. In this case, you understand and agree that Google
|
|||
|
will treat your use of the Services as acceptance of the Terms from that point onwards.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>3. Language of the Terms</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
3.1 Where Google has provided you with a translation of the English language version of
|
|||
|
the Terms, then you agree that the translation is provided for your convenience only and
|
|||
|
that the English language versions of the Terms will govern your relationship with
|
|||
|
Google.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
3.2 If there is any contradiction between what the English language version of the Terms
|
|||
|
says and what a translation says, then the English language version shall take
|
|||
|
precedence.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>4. Provision of the Services by Google</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
4.1 Google has subsidiaries and affiliated legal entities around the world (“Subsidiaries
|
|||
|
and Affiliates”). Sometimes, these companies will be providing the Services to you on
|
|||
|
behalf of Google itself. You acknowledge and agree that Subsidiaries and Affiliates will
|
|||
|
be entitled to provide the Services to you.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
4.2 Google is constantly innovating in order to provide the best possible experience for
|
|||
|
its users. You acknowledge and agree that the form and nature of the Services which
|
|||
|
Google provides may change from time to time without prior notice to you.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
4.3 As part of this continuing innovation, you acknowledge and agree that Google may stop
|
|||
|
(permanently or temporarily) providing the Services (or any features within the Services)
|
|||
|
to you or to users generally at Google’s sole discretion, without prior notice to you.
|
|||
|
You may stop using the Services at any time. You do not need to specifically inform
|
|||
|
Google when you stop using the Services.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
4.4 You acknowledge and agree that if Google disables access to your account, you may be
|
|||
|
prevented from accessing the Services, your account details or any files or other content
|
|||
|
which is contained in your account.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>5. Use of the Services by you</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
5.1 You agree to use the Services only for purposes that are permitted by (a) the Terms
|
|||
|
and (b) any applicable law, regulation or generally accepted practices or guidelines in
|
|||
|
the relevant jurisdictions (including any laws regarding the export of data or software
|
|||
|
to and from the United States or other relevant countries).
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
5.2 You agree that you will not engage in any activity that interferes with or disrupts
|
|||
|
the Services (or the servers and networks which are connected to the Services).
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
5.3 Unless you have been specifically permitted to do so in a separate agreement with
|
|||
|
Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the
|
|||
|
Services for any purpose.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
5.4 You agree that you are solely responsible for (and that Google has no responsibility
|
|||
|
to you or to any third party for) any breach of your obligations under the Terms and for
|
|||
|
the consequences (including any loss or damage which Google may suffer) of any such
|
|||
|
breach.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>6. Privacy and your personal information</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
6.1 For information about Google’s data protection practices, please read Google’s
|
|||
|
privacy policy at http://www.google.com/privacy.html and at
|
|||
|
http://www.google.com/chrome/intl/en/privacy.html. This policy explains how Google treats
|
|||
|
your personal information, and protects your privacy, when you use the Services.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
6.2 You agree to the use of your data in accordance with Google’s privacy policies.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>7. Content in the Services</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
7.1 You understand that all information (such as data files, written text, computer
|
|||
|
software, music, audio files or other sounds, photographs, videos or other images) which
|
|||
|
you may have access to as part of, or through your use of, the Services are the sole
|
|||
|
responsibility of the person from which such content originated. All such information is
|
|||
|
referred to below as the “Content.”
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
7.2 You should be aware that Content presented to you as part of the Services, including
|
|||
|
but not limited to advertisements in the Services and sponsored Content within the
|
|||
|
Services may be protected by intellectual property rights which are owned by the sponsors
|
|||
|
or advertisers who provide that Content to Google (or by other persons or companies on
|
|||
|
their behalf). You may not modify, rent, lease, loan, sell, distribute or create
|
|||
|
derivative works based on this Content (either in whole or in part) unless you have been
|
|||
|
specifically told that you may do so by Google or by the owners of that Content, in a
|
|||
|
separate agreement.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
7.3 Google reserves the right (but shall have no obligation) to pre-screen, review, flag,
|
|||
|
filter, modify, refuse or remove any or all Content from any Service. For some of the
|
|||
|
Services, Google may provide tools to filter out explicit sexual content. These tools
|
|||
|
include the SafeSearch preference settings (see
|
|||
|
http://www.google.com/help/customize.html#safe). In addition, there are commercially
|
|||
|
available services and software to limit access to material that you may find
|
|||
|
objectionable.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
7.4 You understand that by using the Services you may be exposed to Content that you may
|
|||
|
find offensive, indecent or objectionable and that, in this respect, you use the Services
|
|||
|
at your own risk.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
7.5 You agree that you are solely responsible for (and that Google has no responsibility
|
|||
|
to you or to any third party for) any Content that you create, transmit or display while
|
|||
|
using the Services and for the consequences of your actions (including any loss or damage
|
|||
|
which Google may suffer) by doing so.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>8. Proprietary rights</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
8.1 You acknowledge and agree that Google (or Google’s licensors) own all legal right,
|
|||
|
title and interest in and to the Services, including any intellectual property rights
|
|||
|
which subsist in the Services (whether those rights happen to be registered or not, and
|
|||
|
wherever in the world those rights may exist).
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
8.2 Unless you have agreed otherwise in writing with Google, nothing in the Terms gives
|
|||
|
you a right to use any of Google’s trade names, trade marks, service marks, logos, domain
|
|||
|
names, and other distinctive brand features.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
8.3 If you have been given an explicit right to use any of these brand features in a
|
|||
|
separate written agreement with Google, then you agree that your use of such features
|
|||
|
shall be in compliance with that agreement, any applicable provisions of the Terms, and
|
|||
|
Google's brand feature use guidelines as updated from time to time. These guidelines can
|
|||
|
be viewed online at http://www.google.com/permissions/guidelines.html (or such other URL
|
|||
|
as Google may provide for this purpose from time to time).
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
8.4 Google acknowledges and agrees that it obtains no right, title or interest from you
|
|||
|
(or your licensors) under these Terms in or to any Content that you submit, post,
|
|||
|
transmit or display on, or through, the Services, including any intellectual property
|
|||
|
rights which subsist in that Content (whether those rights happen to be registered or
|
|||
|
not, and wherever in the world those rights may exist). Unless you have agreed otherwise
|
|||
|
in writing with Google, you agree that you are responsible for protecting and enforcing
|
|||
|
those rights and that Google has no obligation to do so on your behalf.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices
|
|||
|
(including copyright and trade mark notices) which may be affixed to or contained within
|
|||
|
the Services.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
8.6 Unless you have been expressly authorized to do so in writing by Google, you agree
|
|||
|
that in using the Services, you will not use any trade mark, service mark, trade name,
|
|||
|
logo of any company or organization in a way that is likely or intended to cause
|
|||
|
confusion about the owner or authorized user of such marks, names or logos.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>9. License from Google</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
9.1 Google gives you a personal, worldwide, royalty-free, non-assignable and
|
|||
|
non-exclusive license to use the software provided to you by Google as part of the
|
|||
|
Services as provided to you by Google (referred to as the “Software” below). This license
|
|||
|
is for the sole purpose of enabling you to use and enjoy the benefit of the Services as
|
|||
|
provided by Google, in the manner permitted by the Terms.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
9.2 Subject to section 1.2, you may not (and you may not permit anyone else to) copy,
|
|||
|
modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to
|
|||
|
extract the source code of the Software or any part thereof, unless this is expressly
|
|||
|
permitted or required by law, or unless you have been specifically told that you may do
|
|||
|
so by Google, in writing.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
9.3 Subject to section 1.2, unless Google has given you specific written permission to do
|
|||
|
so, you may not assign (or grant a sub-license of) your rights to use the Software, grant
|
|||
|
a security interest in or over your rights to use the Software, or otherwise transfer any
|
|||
|
part of your rights to use the Software.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>10. Content license from you</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
10.1 You retain copyright and any other rights you already hold in Content which you
|
|||
|
submit, post or display on or through, the Services.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>11. Software updates</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
11.1 The Software which you use may automatically download and install updates from time
|
|||
|
to time from Google. These updates are designed to improve, enhance and further develop
|
|||
|
the Services and may take the form of bug fixes, enhanced functions, new software modules
|
|||
|
and completely new versions. You agree to receive such updates (and permit Google to
|
|||
|
deliver these to you) as part of your use of the Services.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>12. Ending your relationship with Google</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
12.1 The Terms will continue to apply until terminated by either you or Google as set out
|
|||
|
below.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
12.2 Google may at any time, terminate its legal agreement with you if:
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(A) you have breached any provision of the Terms (or have acted in manner which clearly
|
|||
|
shows that you do not intend to, or are unable to comply with the provisions of the
|
|||
|
Terms); or
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(B) Google is required to do so by law (for example, where the provision of the Services
|
|||
|
to you is, or becomes, unlawful); or
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(C) the partner with whom Google offered the Services to you has terminated its
|
|||
|
relationship with Google or ceased to offer the Services to you; or
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(D) Google is transitioning to no longer providing the Services to users in the country
|
|||
|
in which you are resident or from which you use the service; or
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(E) the provision of the Services to you by Google is, in Google’s opinion, no longer
|
|||
|
commercially viable.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
12.3 Nothing in this Section shall affect Google’s rights regarding provision of Services
|
|||
|
under Section 4 of the Terms.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
12.4 When these Terms come to an end, all of the legal rights, obligations and
|
|||
|
liabilities that you and Google have benefited from, been subject to (or which have
|
|||
|
accrued over time whilst the Terms have been in force) or which are expressed to continue
|
|||
|
indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7
|
|||
|
shall continue to apply to such rights, obligations and liabilities indefinitely.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>13. EXCLUSION OF WARRANTIES</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT
|
|||
|
GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED
|
|||
|
BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
|
|||
|
CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY
|
|||
|
NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL
|
|||
|
DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL
|
|||
|
APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE
|
|||
|
RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
13.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT
|
|||
|
REPRESENT OR WARRANT TO YOU THAT:
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE
|
|||
|
ACCURATE OR RELIABLE, AND
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS
|
|||
|
PART OF THE SERVICES WILL BE CORRECTED.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS
|
|||
|
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
|
|||
|
DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE
|
|||
|
DOWNLOAD OF ANY SUCH MATERIAL.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR
|
|||
|
THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
13.6 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
|
|||
|
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
|
|||
|
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>14. LIMITATION OF LIABILITY</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND
|
|||
|
AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE
|
|||
|
TO YOU FOR:
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH
|
|||
|
MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL
|
|||
|
INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR
|
|||
|
INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST
|
|||
|
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR
|
|||
|
DAMAGE AS A RESULT OF:
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY
|
|||
|
ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY
|
|||
|
ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(II) ANY CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY
|
|||
|
CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER
|
|||
|
COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(IV) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION;
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
14.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY
|
|||
|
WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF
|
|||
|
ANY SUCH LOSSES ARISING.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>15. Copyright and trade mark policies</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
15.1 It is Google’s policy to respond to notices of alleged copyright infringement that
|
|||
|
comply with applicable international intellectual property law (including, in the United
|
|||
|
States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat
|
|||
|
infringers. Details of Google’s policy can be found at http://www.google.com/dmca.html.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
15.2 Google operates a trade mark complaints procedure in respect of Google’s advertising
|
|||
|
business, details of which can be found at http://www.google.com/tm_complaint.html.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>16. Advertisements</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
16.1 Some of the Services are supported by advertising revenue and may display
|
|||
|
advertisements and promotions. These advertisements may be targeted to the content of
|
|||
|
information stored on the Services, queries made through the Services or other
|
|||
|
information.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
16.2 The manner, mode and extent of advertising by Google on the Services are subject to
|
|||
|
change without specific notice to you.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
16.3 In consideration for Google granting you access to and use of the Services, you
|
|||
|
agree that Google may place such advertising on the Services.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>17. Other content</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
17.1 The Services may include hyperlinks to other web sites or content or resources.
|
|||
|
Google may have no control over any web sites or resources which are provided by
|
|||
|
companies or persons other than Google.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
17.2 You acknowledge and agree that Google is not responsible for the availability of any
|
|||
|
such external sites or resources, and does not endorse any advertising, products or other
|
|||
|
materials on or available from such web sites or resources.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
17.3 You acknowledge and agree that Google is not liable for any loss or damage which may
|
|||
|
be incurred by you as a result of the availability of those external sites or resources,
|
|||
|
or as a result of any reliance placed by you on the completeness, accuracy or existence
|
|||
|
of any advertising, products or other materials on, or available from, such web sites or
|
|||
|
resources.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>18. Changes to the Terms</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
18.1 Google may make changes to the Universal Terms or Additional Terms from time to
|
|||
|
time. When these changes are made, Google will make a new copy of the Universal Terms
|
|||
|
available at http://www.google.com/chrome/intl/en/eula_text.html and any new Additional
|
|||
|
Terms will be made available to you from within, or through, the affected Services.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
18.2 You understand and agree that if you use the Services after the date on which the
|
|||
|
Universal Terms or Additional Terms have changed, Google will treat your use as
|
|||
|
acceptance of the updated Universal Terms or Additional Terms.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>19. General legal terms</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
19.1 Sometimes when you use the Services, you may (as a result of, or in connection with
|
|||
|
your use of the Services) use a service or download a piece of software, or purchase
|
|||
|
goods, which are provided by another person or company. Your use of these other services,
|
|||
|
software or goods may be subject to separate terms between you and the company or person
|
|||
|
concerned. If so, the Terms do not affect your legal relationship with these other
|
|||
|
companies or individuals.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
19.2 The Terms constitute the whole legal agreement between you and Google and govern
|
|||
|
your use of the Services (but excluding any services which Google may provide to you
|
|||
|
under a separate written agreement), and completely replace any prior agreements between
|
|||
|
you and Google in relation to the Services.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
19.3 You agree that Google may provide you with notices, including those regarding
|
|||
|
changes to the Terms, by email, regular mail, or postings on the Services.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
19.4 You agree that if Google does not exercise or enforce any legal right or remedy
|
|||
|
which is contained in the Terms (or which Google has the benefit of under any applicable
|
|||
|
law), this will not be taken to be a formal waiver of Google’s rights and that those
|
|||
|
rights or remedies will still be available to Google.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that
|
|||
|
any provision of these Terms is invalid, then that provision will be removed from the
|
|||
|
Terms without affecting the rest of the Terms. The remaining provisions of the Terms will
|
|||
|
continue to be valid and enforceable.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
19.6 You acknowledge and agree that each member of the group of companies of which Google
|
|||
|
is the parent shall be third party beneficiaries to the Terms and that such other
|
|||
|
companies shall be entitled to directly enforce, and rely upon, any provision of the
|
|||
|
Terms which confers a benefit on (or rights in favor of) them. Other than this, no other
|
|||
|
person or company shall be third party beneficiaries to the Terms.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
19.7 The Terms, and your relationship with Google under the Terms, shall be governed by
|
|||
|
the laws of the State of California without regard to its conflict of laws provisions.
|
|||
|
You and Google agree to submit to the exclusive jurisdiction of the courts located within
|
|||
|
the county of Santa Clara, California to resolve any legal matter arising from the Terms.
|
|||
|
Notwithstanding this, you agree that Google shall still be allowed to apply for
|
|||
|
injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>20. Additional Terms for Extensions for Google Chrome</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
20.1 These terms in this section apply if you install extensions on your copy of Google
|
|||
|
Chrome. Extensions are small software programs, developed by Google or third parties,
|
|||
|
that can modify and enhance the functionality of Google Chrome. Extensions may have
|
|||
|
greater privileges to access your browser or your computer than regular webpages,
|
|||
|
including the ability to read and modify your private data.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
20.2 From time to time, Google Chrome may check with remote servers (hosted by Google or
|
|||
|
by third parties) for available updates to extensions, including but not limited to bug
|
|||
|
fixes or enhanced functionality. You agree that such updates will be automatically
|
|||
|
requested, downloaded, and installed without further notice to you.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
20.3 From time to time, Google may discover an extension that violates Google developer
|
|||
|
terms or other legal agreements, laws, regulations or policies. Google Chrome will
|
|||
|
periodically download a list of such extensions from Google’s servers. You agree that
|
|||
|
Google may remotely disable or remove any such extension from user systems in its sole
|
|||
|
discretion.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>21. Additional Terms for Enterprise Use</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
21.1 If you are a business entity, then the individual accepting on behalf of the entity
|
|||
|
(for the avoidance of doubt, for business entities, in these Terms, "you" means the
|
|||
|
entity) represents and warrants that he or she has the authority to act on your behalf,
|
|||
|
that you represent that you are duly authorized to do business in the country or
|
|||
|
countries where you operate, and that your employees, officers, representatives, and
|
|||
|
other agents accessing the Service are duly authorized to access Google Chrome and to
|
|||
|
legally bind you to these Terms.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
21.2 Subject to the Terms, and in addition to the license grant in Section 9, Google
|
|||
|
grants you a non-exclusive, non-transferable license to reproduce, distribute, install,
|
|||
|
and use Google Chrome solely on machines intended for use by your employees, officers,
|
|||
|
representatives, and agents in connection with your business entity, and provided that
|
|||
|
their use of Google Chrome will be subject to the Terms.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
August 12, 2010
|
|||
|
</p><br>
|
|||
|
<hr>
|
|||
|
<br>
|
|||
|
<h2>
|
|||
|
Google Chrome Additional Terms of Service
|
|||
|
</h2>
|
|||
|
<p>
|
|||
|
<strong>MPEGLA</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND
|
|||
|
NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD
|
|||
|
( “AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A
|
|||
|
PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PARTNER LICENSED TO
|
|||
|
PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
|
|||
|
ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
<strong>Adobe</strong>
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
Google Chrome may include one or more components provided by Adobe Systems Incorporated
|
|||
|
and Adobe Software Ireland Limited (collectively “Adobe”). Your use of the Adobe software
|
|||
|
as provided by Google (“Adobe Software”) is subject to the following additional terms
|
|||
|
(the “Adobe Terms”). You, the entity receiving the Adobe Software, will be hereinafter
|
|||
|
referred to as “Sublicensee.”
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
1. License Restrictions.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(a) Flash Player, Version 10.x is designed only as a browser plug-in. Sublicensee may not
|
|||
|
modify or distribute this Adobe Software for use as anything but a browser plug-in for
|
|||
|
playing back content on a web page. For example, Sublicensee will not modify this Adobe
|
|||
|
Software in order to allow interoperation with applications that run outside of the
|
|||
|
browser (e.g., standalone applications, widgets, device UI).
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(b) Sublicensee will not expose any APIs of the Flash Player, Version 10.x through a
|
|||
|
browser plug-in interface in such a way that allows such extension to be used to playback
|
|||
|
content from a web page as a stand-alone application.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(c) The Chrome-Reader Software may not be used to render any PDF or EPUB documents that
|
|||
|
utilize digital rights management protocols or systems other than Adobe DRM.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(d) Adobe DRM must be enabled in the Chrome-Reader Software for all Adobe DRM protected
|
|||
|
PDF and EPUB documents.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(e) The Chrome-Reader Software may not, other than as explicitly permitted by the
|
|||
|
technical specifications, disable any capabilities provided by Adobe in the Adobe
|
|||
|
Software, including but not limited to, support for PDF and EPUB formats and Adobe DRM.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
2. Electronic Transmission. Sublicensee may allow the download of the Adobe Software from
|
|||
|
a web site, the Internet, an intranet, or similar technology (an, “Electronic
|
|||
|
Transmissions”) provided that Sublicensee agrees that any distributions of the Adobe
|
|||
|
Software by Sublicensee, including those on CD-ROM, DVD-ROM or other storage media and
|
|||
|
Electronic Transmissions, if expressly permitted, shall be subject to reasonable security
|
|||
|
measures to prevent unauthorized use. With relation to Electronic Transmissions approved
|
|||
|
hereunder, Sublicensee agrees to employ any reasonable use restrictions set by Adobe,
|
|||
|
including those related to security and/or the restriction of distribution to end users
|
|||
|
of the Sublicensee Product.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
3. EULA and Distribution Terms.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(a) Sublicensee shall ensure that the Adobe Software is distributed to end users under an
|
|||
|
enforceable end user license agreement, in favor of Sublicensee and its suppliers
|
|||
|
containing at least each of the following minimum terms (the “End-User License”): (i) a
|
|||
|
prohibition against distribution and copying, (ii) a prohibition against modifications
|
|||
|
and derivative works, (iii) a prohibition against decompiling, reverse engineering,
|
|||
|
disassembling, and otherwise reducing the Adobe Software to a human-perceivable form,
|
|||
|
(iv) a provision indicating ownership of Sublicensee Product (as defined in Section 8) by
|
|||
|
Sublicensee and its licensors, (v) a disclaimer of indirect, special, incidental,
|
|||
|
punitive, and consequential damages, and (vi) other industry standard disclaimers and
|
|||
|
limitations, including, as applicable: a disclaimer of all applicable statutory
|
|||
|
warranties, to the full extent allowed by law.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(b) Sublicensee shall ensure that the Adobe Software is distributed to Sublicensee’s
|
|||
|
distributors under an enforceable distribution license agreement, in favor of Sublicensee
|
|||
|
and its suppliers containing terms as protective of Adobe as the Adobe Terms.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
4. Opensource. Sublicensee will not directly or indirectly grant, or purport to grant, to
|
|||
|
any third party any rights or immunities under Adobe’s intellectual property or
|
|||
|
proprietary rights that will subject such intellectual property to an open source license
|
|||
|
or scheme in which there is or could be interpreted to be a requirement that as a
|
|||
|
condition of use, modification and/or distribution, the Adobe Software be: (i) disclosed
|
|||
|
or distributed in source code form; (ii) licensed for the purpose of making derivative
|
|||
|
works; or (iii) redistributable at no charge. For clarification purposes, the foregoing
|
|||
|
restriction does not preclude Sublicensee from distributing, and Sublicensee will
|
|||
|
distribute the Adobe Software as bundled with the Google Software, without charge.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
5. Additional Terms. With respect to any update, upgrade, new versions of the Adobe
|
|||
|
Software (collectively “Upgrades”) provided to Sublicenses, Adobe reserves the right to
|
|||
|
require additional terms and conditions applicable solely to the Upgrade and future
|
|||
|
versions thereof, and solely to the extent that such restrictions are imposed by Adobe on
|
|||
|
all licensees of such Upgrade. If Sublicensee does not agree to such additional terms or
|
|||
|
conditions, Sublicensee will have no license rights with respect to such Upgrade, and
|
|||
|
Sublicensee’s license rights with respect to the Adobe Software will terminate
|
|||
|
automatically on the 90th day from the date such additional terms are made available to
|
|||
|
Sublicensee.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
6. Proprietary Rights Notices. Sublicensee shall not, and shall require its distributors
|
|||
|
not to, delete or in any manner alter the copyright notices, trademarks, logos or related
|
|||
|
notices, or other proprietary rights notices of Adobe (and its licensors, if any)
|
|||
|
appearing on or within the Adobe Software or accompanying materials.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
7. Technical Requirements. Sublicensee and its distributors may only distribute Adobe
|
|||
|
Software and/or Upgrade on devices that (i) meet the technical specifications posted on
|
|||
|
http://www.adobe.com/mobile/licensees, (or a successor web site thereto), and (ii) has
|
|||
|
been verified by Adobe as set forth below.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
8. Verification and Update. Sublicensee must submit to Adobe each Sublicensee product
|
|||
|
(and each version thereof) containing the Adobe Software and/or Upgrade (“Sublicensee
|
|||
|
Product”) that do not meet the Device Verification exemption criteria to be communicated
|
|||
|
by Google, for Adobe to verify. Sublicensee shall pay for each submission made by
|
|||
|
Sublicensee by procuring verification packages at Adobe’s then-current terms set forth at
|
|||
|
http://flashmobile.adobe.com/. Sublicensee Product that has not passed verification may
|
|||
|
not be distributed. Verification will be accomplished in accordance with Adobe’s
|
|||
|
then-current process described at http://flashmobile.adobe.com/ (“Verification”).
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
9. Profiles and Device Central. Sublicensee will be prompted to enter certain profile
|
|||
|
information about the Sublicensee Products either as part of the Verification process or
|
|||
|
some other method, and Sublicensee will provide such information, to Adobe. Adobe may (i)
|
|||
|
use such profile information as reasonably necessary to verify the Sublicensee Product
|
|||
|
(if such product is subject to Verification), and (ii) display such profile information
|
|||
|
in “Adobe Device Intelligence system,” located at
|
|||
|
https://devices.adobe.com/partnerportal/, and made available through Adobe’s authoring
|
|||
|
and development tools and services to enable developers and end users to see how content
|
|||
|
or applications are displayed in Sublicensee Products (e.g. how video images appear in
|
|||
|
certain phones).
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
10. Export. Sublicensee acknowledges that the laws and regulations of the United States
|
|||
|
restrict the export and re-export of commodities and technical data of United States
|
|||
|
origin, which may include the Adobe Software. Sublicensee agrees that it will not export
|
|||
|
or re-export the Adobe Software, without the appropriate United States and foreign
|
|||
|
governmental clearances, if any.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
11. Technology Pass-through Terms.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(a) Except pursuant to applicable permissions or agreements therefor, from or with the
|
|||
|
applicable parties, Sublicensees shall not use and shall not allow the use of, the Adobe
|
|||
|
Software for the encoding or decoding of mp3 audio only (.mp3) data on any non-pc device
|
|||
|
(e.g., mobile phone or set-top box), nor may the mp3 encoders or decoders contained in
|
|||
|
the Adobe Software be used or accessed by any product other than the Adobe Software. The
|
|||
|
Adobe Software may be used for the encoding or decoding of MP3 data contained within a
|
|||
|
swf or flv file, which contains video, picture or other data. Sublicensee shall
|
|||
|
acknowledge that use of the Adobe Software for non-PC devices, as described in the
|
|||
|
prohibitions in this section, may require the payment of licensing royalties or other
|
|||
|
amounts to third parties who may hold intellectual property rights related to the MP3
|
|||
|
technology and that Adobe nor Sublicensee has not paid any royalties or other amounts on
|
|||
|
account of third party intellectual property rights for such use. If Sublicensee requires
|
|||
|
an MP3 encoder or decoder for such use, Sublicensee is responsible for obtaining the
|
|||
|
necessary intellectual property license, including any applicable patent rights.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(b) Sublicensee will not use, copy, reproduce and modify (i) the On2 source code
|
|||
|
(provided hereunder as a component of the Source Code) as necessary to enable the Adobe
|
|||
|
Software to decode video in the Flash video file format (.flv or .f4v), and (ii) the
|
|||
|
Sorenson Spark source code (provided hereunder as a component of the Source Code) for the
|
|||
|
limited purpose of making bug fixes and performance enhancements to the Adobe Software.
|
|||
|
All codecs provided with the Adobe Software may only be used and distributed as an
|
|||
|
integrated part of the Adobe Software and may not be accessed by any other application,
|
|||
|
including other Google applications.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(c) The Source Code may be provided with an AAC codec and/or HE-AAC codec (“the AAC
|
|||
|
Codec”). Use of the AAC Codec is conditioned on Sublicensee obtaining a proper patent
|
|||
|
license covering necessary patents as provided by VIA Licensing, for end products on or
|
|||
|
in which the AAC Codec will be used. Sublicensee acknowledges and agrees that Adobe is
|
|||
|
not providing a patent license for an AAC Codec under this Agreement to Sublicensee or
|
|||
|
its sublicensees.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(d) THE SOURCE CODE MAY CONTAIN CODE LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR
|
|||
|
THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE
|
|||
|
AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER
|
|||
|
ENGAGED IN A PERSONAL NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER
|
|||
|
LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR WILL BE IMPLIED FOR ANY OTHER
|
|||
|
USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. See
|
|||
|
http://www.mpegla.com
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
12. Update. Sublicensee will not circumvent Google’s or Adobe’s efforts to update the
|
|||
|
Adobe Software in all Sublicensee’s products incorporating the Adobe Software as bundled
|
|||
|
with the Google Software (“Sublicensee Products”).
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
13. Attribution and Proprietary Notices. Sublicensee will list the Adobe Software in
|
|||
|
publicly available Sublicensee Product specifications and include appropriate Adobe
|
|||
|
Software branding (specifically excluding the Adobe corporate logo) on the Sublicensee
|
|||
|
Product packaging or marketing materials in a manner consistent with branding of other
|
|||
|
third party products contained within the Sublicensee Product.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
14. No Warranty. THE ADOBE SOFTWARE IS MADE AVAILABLE TO SUBLICENSEE FOR USE AND
|
|||
|
REPRODUCTION “AS IS” AND ADOBE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. ADOBE AND
|
|||
|
ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE
|
|||
|
ADOBE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT
|
|||
|
TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO
|
|||
|
SUBLICENSEEIN SUBLICENSEE’S JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES,
|
|||
|
CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW,
|
|||
|
CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT
|
|||
|
OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR
|
|||
|
ANY PARTICULAR PURPOSE. SUBLICENSEE AGREES THAT SUBLICENSEE SHALL NOT MAKE ANY WARRANTY,
|
|||
|
EXPRESS OR IMPLIED, ON BEHALF OF ADOBE.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
15. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO
|
|||
|
SUBLICENSEE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT,
|
|||
|
OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE
|
|||
|
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS
|
|||
|
OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO
|
|||
|
THE EXTENT PERMITTED BY APPLICABLE LAW IN SUBLICENSEE’S JURISDICTION. ADOBE’S AGGREGATE
|
|||
|
LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE
|
|||
|
LIMITED TO ONE THOUSAND DOLLARS (US$1,000). Nothing contained in this Agreement limits
|
|||
|
Adobe’s liability to Sublicensee in the event of death or personal injury resulting from
|
|||
|
Adobe’s negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its
|
|||
|
suppliers for the purpose of disclaiming, excluding and/or limiting obligations,
|
|||
|
warranties and liability as provided in this Agreement, but in no other respects and for
|
|||
|
no other purpose.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
16. Content Protection Terms
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(a) Definitions.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
“Compliance and Robustness Rules” means the document setting forth compliance and
|
|||
|
robustness rules for the Adobe Software located at http://www.adobe.com/mobile/licensees,
|
|||
|
or a successor web site thereto.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
“Content Protection Functions” means those aspects of the Adobe Software that are
|
|||
|
designed to ensure compliance with the Compliance and Robustness Rules, and to prevent
|
|||
|
playback, copying, modification, redistribution or other actions with respect to digital
|
|||
|
content distributed for consumption by users of the Adobe Software when such actions are
|
|||
|
not authorized by the owners of such digital content or its licensed distributors.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
“Content Protection Code” means code within certain designated versions of the Adobe
|
|||
|
Software that enables certain Content Protection Functions.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
“Key” means a cryptographic value contained in the Adobe Software for use in decrypting
|
|||
|
digital content.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(b) License Restrictions. Sublicensee’s right to exercise the licenses with respect to
|
|||
|
the Adobe Software is subject to the following additional restrictions and obligations.
|
|||
|
Sublicensee will ensure that Sublicensee’s customers comply with these restrictions and
|
|||
|
obligations to the same extent imposed on Sublicensee with respect to the Adobe Software;
|
|||
|
any failure by Sublicensee’s customers to comply with these additional restrictions and
|
|||
|
obligations shall be treated as a material breach by Sublicensee.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
b.1. Sublicensee and customers may only distribute the Adobe Software that meets the
|
|||
|
Robustness and Compliance Rules as so confirmed by Sublicensee during the verification
|
|||
|
process described above in the Adobe Terms.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
b.2. Sublicensee shall not (i) circumvent the Content Protection Functions of either the
|
|||
|
Adobe Software or any related Adobe Software that is used to encrypt or decrypt digital
|
|||
|
content for authorized consumption by users of the Adobe Software, or (ii) develop or
|
|||
|
distribute products that are designed to circumvent the Content Protection Functions of
|
|||
|
either the Adobe Software or any Adobe Software that is used to encrypt or decrypt
|
|||
|
digital content for authorized consumption by users of the Adobe Software.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(c) The Keys are hereby designated as Adobe’s Confidential Information, and Sublicensee
|
|||
|
will, with respect to the Keys, adhere to Adobe’s Source Code Handling Procedure (to be
|
|||
|
provided by Adobe upon request).
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
(d) Injunctive Relief. Sublicensee agrees that a breach of this Agreement may compromise
|
|||
|
the Content Protection Functions of the Adobe Software and may cause unique and lasting
|
|||
|
harm to the interests of Adobe and owners of digital content that rely on such Content
|
|||
|
Protection Functions, and that monetary damages may be inadequate to compensate fully for
|
|||
|
such harm. Therefore, Sublicensee further agrees that Adobe may be entitled to seek
|
|||
|
injunctive relief to prevent or limit the harm caused by any such breach, in addition to
|
|||
|
monetary damages.
|
|||
|
</p>
|
|||
|
<p>
|
|||
|
17. Intended Third-party Beneficiary. Adobe Systems Incorporated and Adobe Software
|
|||
|
Ireland Limited are the intended third-party beneficiaries of Google’s agreement with
|
|||
|
Sublicensee with respect to the Adobe Software, including but not limited to, the Adobe
|
|||
|
Terms. Sublicensee agrees, notwithstanding anything to the contrary in its agreement with
|
|||
|
Google, that Google may disclose Sublicensee’s identity to Adobe and certify in writing
|
|||
|
that Sublicensee has entered into a license agreement with Google which includes the
|
|||
|
Adobe Terms. Sublicensee must have an agreement with each of its licensees, and if such
|
|||
|
licensees are allowed to redistribute the Adobe Software, such agreement will include the
|
|||
|
Adobe Terms.
|
|||
|
</p>
|
|||
|
</div>
|
|||
|
</div>
|
|||
|
|
|||
|
</body></html>
|