| Google Chrome Terms of Service |
| |
| 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. |
| |
| 1. Your relationship with Google |
| |
| 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. |
| |
| 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. |
| |
| 1.3 Your agreement with Google will also include the 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. |
| |
| 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”. |
| |
| 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. |
| |
| 2. Accepting the Terms |
| |
| 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. |
| |
| 2.2 You can accept the Terms by: |
| |
| (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 |
| |
| (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. |
| |
| 3. Language of the Terms |
| |
| 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. |
| |
| 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. |
| |
| 4. Provision of the Services by Google |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 5. Use of the Services by you |
| |
| 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). |
| |
| 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). |
| |
| 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. |
| |
| 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. |
| |
| 6. Privacy and your personal information |
| |
| 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. |
| |
| 6.2 You agree to the use of your data in accordance with Google’s privacy |
| policies. |
| |
| 7. Content in the Services |
| |
| 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.” |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 8. Proprietary rights |
| |
| 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). |
| |
| 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. |
| |
| 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). |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 9. License from Google |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 10. Content license from you |
| |
| 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. |
| |
| 11. Software updates |
| |
| 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. |
| |
| 12. Ending your relationship with Google |
| |
| 12.1 The Terms will continue to apply until terminated by either you or Google |
| as set out below. |
| |
| 12.2 Google may at any time, terminate its legal agreement with you if: |
| |
| (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 |
| |
| (B) Google is required to do so by law (for example, where the provision of the |
| Services to you is, or becomes, unlawful); or |
| |
| (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 |
| |
| (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 |
| |
| (E) the provision of the Services to you by Google is, in Google’s opinion, no |
| longer commercially viable. |
| |
| 12.3 Nothing in this Section shall affect Google’s rights regarding provision of |
| Services under Section 4 of the Terms. |
| |
| 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. |
| |
| 13. EXCLUSION OF WARRANTIES |
| |
| 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. |
| |
| 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.” |
| |
| 13.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS |
| DO NOT REPRESENT OR WARRANT TO YOU THAT: |
| |
| (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, |
| |
| (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM |
| ERROR, |
| |
| (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL |
| BE ACCURATE OR RELIABLE, AND |
| |
| (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO |
| YOU AS PART OF THE SERVICES WILL BE CORRECTED. |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 14. LIMITATION OF LIABILITY |
| |
| 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: |
| |
| (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; |
| |
| (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED |
| TO LOSS OR DAMAGE AS A RESULT OF: |
| |
| (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; |
| |
| (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); |
| |
| (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; |
| |
| (IV) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION; |
| |
| (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND |
| CONFIDENTIAL; |
| |
| 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. |
| |
| 15. Copyright and trade mark policies |
| |
| 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. |
| |
| 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. |
| |
| 16. Advertisements |
| |
| 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. |
| |
| 16.2 The manner, mode and extent of advertising by Google on the Services are |
| subject to change without specific notice to you. |
| |
| 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. |
| |
| 17. Other content |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 18. Changes to the Terms |
| |
| 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. |
| |
| 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. |
| |
| 19. General legal terms |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 20. Additional Terms for Extensions for Google Chrome |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 21. Additional Terms for Enterprise Use |
| |
| 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. |
| |
| 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. |
| |
| August 12, 2010 |
| |
| |
| |
| Google Chrome Additional Terms of Service |
| |
| MPEGLA |
| |
| 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. |
| |
| Adobe |
| |
| 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.” |
| |
| 1. License Restrictions. |
| |
| (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). |
| |
| (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. |
| |
| (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. |
| |
| (d) Adobe DRM must be enabled in the Chrome-Reader Software for all Adobe DRM |
| protected PDF and EPUB documents. |
| |
| (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. |
| |
| 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. |
| |
| 3. EULA and Distribution Terms. |
| |
| (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. |
| |
| (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. |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 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”). |
| |
| 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). |
| |
| 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. |
| |
| 11. Technology Pass-through Terms. |
| |
| (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. |
| |
| (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. |
| |
| (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. |
| |
| (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 |
| |
| 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”). |
| |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 16. Content Protection Terms |
| |
| (a) Definitions. |
| |
| “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. |
| |
| “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. |
| |
| “Content Protection Code” means code within certain designated versions of the |
| Adobe Software that enables certain Content Protection Functions. |
| |
| “Key” means a cryptographic value contained in the Adobe Software for use in |
| decrypting digital content. |
| |
| (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. |
| |
| 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. |
| |
| 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. |
| |
| (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). |
| |
| (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. |
| |
| 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 |