third_party/chromium/LICENSE

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