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# lynx -dump http://www.google.com/chrome/intl/en/eula_text.html
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Google Chrome Terms of Service
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These Terms of Service apply to the executable code version of Google
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Chrome. Source code for Google Chrome is available free of charge under
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open source software license agreements at
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http://code.google.com/chromium/terms.html.
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1. Your relationship with Google
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1.1 Your use of Google’s products, software, services and web sites
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(referred to collectively as the “Services” in this document and
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excluding any services provided to you by Google under a separate
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written agreement) is subject to the terms of a legal agreement between
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you and Google. “Google” means Google Inc., whose principal place of
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business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043,
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United States. This document explains how the agreement is made up, and
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sets out some of the terms of that agreement.
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1.2 Unless otherwise agreed in writing with Google, your agreement with
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Google will always include, at a minimum, the terms and conditions set
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out in this document. These are referred to below as the “Universal
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Terms”. Open source software licenses for Google Chrome source code
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constitute separate written agreements. To the limited extent that the
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open source software licenses expressly supersede these Universal
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Terms, the open source licenses govern your agreement with Google for
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the use of Google Chrome or specific included components of Google
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Chrome.
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1.3 Your agreement with Google will also include the terms set forth
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below in the Google Chrome Additional Terms of Service and terms of any
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Legal Notices applicable to the Services, in addition to the Universal
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Terms. All of these are referred to below as the “Additional Terms”.
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Where Additional Terms apply to a Service, these will be accessible for
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you to read either within, or through your use of, that Service.
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1.4 The Universal Terms, together with the Additional Terms, form a
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legally binding agreement between you and Google in relation to your
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use of the Services. It is important that you take the time to read
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them carefully. Collectively, this legal agreement is referred to below
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as the “Terms”.
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1.5 If there is any contradiction between what the Additional Terms say
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and what the Universal Terms say, then the Additional Terms shall take
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precedence in relation to that Service.
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2. Accepting the Terms
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2.1 In order to use the Services, you must first agree to the Terms.
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You may not use the Services if you do not accept the Terms.
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2.2 You can accept the Terms by:
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(A) clicking to accept or agree to the Terms, where this option is made
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available to you by Google in the user interface for any Service; or
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(B) by actually using the Services. In this case, you understand and
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agree that Google will treat your use of the Services as acceptance of
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the Terms from that point onwards.
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3. Language of the Terms
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3.1 Where Google has provided you with a translation of the English
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language version of the Terms, then you agree that the translation is
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provided for your convenience only and that the English language
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versions of the Terms will govern your relationship with Google.
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3.2 If there is any contradiction between what the English language
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version of the Terms says and what a translation says, then the English
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language version shall take precedence.
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4. Provision of the Services by Google
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4.1 Google has subsidiaries and affiliated legal entities around the
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world (“Subsidiaries and Affiliates”). Sometimes, these companies will
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be providing the Services to you on behalf of Google itself. You
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acknowledge and agree that Subsidiaries and Affiliates will be entitled
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to provide the Services to you.
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4.2 Google is constantly innovating in order to provide the best
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possible experience for its users. You acknowledge and agree that the
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form and nature of the Services which Google provides may change from
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time to time without prior notice to you.
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4.3 As part of this continuing innovation, you acknowledge and agree
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that Google may stop (permanently or temporarily) providing the
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Services (or any features within the Services) to you or to users
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generally at Google’s sole discretion, without prior notice to you. You
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may stop using the Services at any time. You do not need to
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specifically inform Google when you stop using the Services.
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4.4 You acknowledge and agree that if Google disables access to your
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account, you may be prevented from accessing the Services, your account
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details or any files or other content which is contained in your
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account.
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5. Use of the Services by you
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5.1 You agree to use the Services only for purposes that are permitted
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by (a) the Terms and (b) any applicable law, regulation or generally
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accepted practices or guidelines in the relevant jurisdictions
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(including any laws regarding the export of data or software to and
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from the United States or other relevant countries).
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5.2 You agree that you will not engage in any activity that interferes
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with or disrupts the Services (or the servers and networks which are
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connected to the Services).
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5.3 Unless you have been specifically permitted to do so in a separate
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agreement with Google, you agree that you will not reproduce,
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duplicate, copy, sell, trade or resell the Services for any purpose.
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5.4 You agree that you are solely responsible for (and that Google has
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no responsibility to you or to any third party for) any breach of your
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obligations under the Terms and for the consequences (including any
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loss or damage which Google may suffer) of any such breach.
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6. Privacy and your personal information
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6.1 For information about Google’s data protection practices, please
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read Google’s privacy policy at http://www.google.com/privacy.html and
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at http://www.google.com/chrome/intl/en/privacy.html. This policy
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explains how Google treats your personal information, and protects your
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privacy, when you use the Services.
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6.2 You agree to the use of your data in accordance with Google’s
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privacy policies.
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7. Content in the Services
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7.1 You understand that all information (such as data files, written
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text, computer software, music, audio files or other sounds,
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photographs, videos or other images) which you may have access to as
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part of, or through your use of, the Services are the sole
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responsibility of the person from which such content originated. All
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such information is referred to below as the “Content.”
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7.2 You should be aware that Content presented to you as part of the
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Services, including but not limited to advertisements in the Services
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and sponsored Content within the Services may be protected by
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intellectual property rights which are owned by the sponsors or
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advertisers who provide that Content to Google (or by other persons or
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companies on their behalf). You may not modify, rent, lease, loan,
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sell, distribute or create derivative works based on this Content
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(either in whole or in part) unless you have been specifically told
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that you may do so by Google or by the owners of that Content, in a
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separate agreement.
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7.3 Google reserves the right (but shall have no obligation) to
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pre-screen, review, flag, filter, modify, refuse or remove any or all
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Content from any Service. For some of the Services, Google may provide
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tools to filter out explicit sexual content. These tools include the
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SafeSearch preference settings (see
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http://www.google.com/help/customize.html#safe). In addition, there are
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commercially available services and software to limit access to
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material that you may find objectionable.
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7.4 You understand that by using the Services you may be exposed to
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Content that you may find offensive, indecent or objectionable and
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that, in this respect, you use the Services at your own risk.
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7.5 You agree that you are solely responsible for (and that Google has
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no responsibility to you or to any third party for) any Content that
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you create, transmit or display while using the Services and for the
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consequences of your actions (including any loss or damage which Google
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may suffer) by doing so.
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8. Proprietary rights
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8.1 You acknowledge and agree that Google (or Google’s licensors) own
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all legal right, title and interest in and to the Services, including
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any intellectual property rights which subsist in the Services (whether
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those rights happen to be registered or not, and wherever in the world
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those rights may exist).
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8.2 Unless you have agreed otherwise in writing with Google, nothing in
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the Terms gives you a right to use any of Google’s trade names, trade
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marks, service marks, logos, domain names, and other distinctive brand
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features.
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8.3 If you have been given an explicit right to use any of these brand
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features in a separate written agreement with Google, then you agree
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that your use of such features shall be in compliance with that
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agreement, any applicable provisions of the Terms, and Google's brand
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feature use guidelines as updated from time to time. These guidelines
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can be viewed online at
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http://www.google.com/permissions/guidelines.html (or such other URL as
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Google may provide for this purpose from time to time).
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8.4 Google acknowledges and agrees that it obtains no right, title or
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interest from you (or your licensors) under these Terms in or to any
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Content that you submit, post, transmit or display on, or through, the
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Services, including any intellectual property rights which subsist in
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that Content (whether those rights happen to be registered or not, and
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wherever in the world those rights may exist). Unless you have agreed
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otherwise in writing with Google, you agree that you are responsible
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for protecting and enforcing those rights and that Google has no
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obligation to do so on your behalf.
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8.5 You agree that you shall not remove, obscure, or alter any
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proprietary rights notices (including copyright and trade mark notices)
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which may be affixed to or contained within the Services.
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8.6 Unless you have been expressly authorized to do so in writing by
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Google, you agree that in using the Services, you will not use any
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trade mark, service mark, trade name, logo of any company or
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organization in a way that is likely or intended to cause confusion
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about the owner or authorized user of such marks, names or logos.
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9. License from Google
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9.1 Google gives you a personal, worldwide, royalty-free,
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non-assignable and non-exclusive license to use the software provided
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to you by Google as part of the Services as provided to you by Google
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(referred to as the “Software” below). This license is for the sole
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purpose of enabling you to use and enjoy the benefit of the Services as
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provided by Google, in the manner permitted by the Terms.
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9.2 Subject to section 1.2, you may not (and you may not permit anyone
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else to) copy, modify, create a derivative work of, reverse engineer,
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decompile or otherwise attempt to extract the source code of the
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Software or any part thereof, unless this is expressly permitted or
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required by law, or unless you have been specifically told that you may
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do so by Google, in writing.
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9.3 Subject to section 1.2, unless Google has given you specific
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written permission to do so, you may not assign (or grant a sub-license
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of) your rights to use the Software, grant a security interest in or
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over your rights to use the Software, or otherwise transfer any part of
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your rights to use the Software.
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10. Content license from you
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10.1 You retain copyright and any other rights you already hold in
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Content which you submit, post or display on or through, the Services.
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11. Software updates
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11.1 The Software which you use may automatically download and install
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updates from time to time from Google. These updates are designed to
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improve, enhance and further develop the Services and may take the form
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of bug fixes, enhanced functions, new software modules and completely
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new versions. You agree to receive such updates (and permit Google to
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deliver these to you) as part of your use of the Services.
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12. Ending your relationship with Google
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12.1 The Terms will continue to apply until terminated by either you or
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Google as set out below.
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12.2 Google may at any time, terminate its legal agreement with you if:
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(A) you have breached any provision of the Terms (or have acted in
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manner which clearly shows that you do not intend to, or are unable to
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comply with the provisions of the Terms); or
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(B) Google is required to do so by law (for example, where the
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provision of the Services to you is, or becomes, unlawful); or
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(C) the partner with whom Google offered the Services to you has
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terminated its relationship with Google or ceased to offer the Services
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to you; or
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(D) Google is transitioning to no longer providing the Services to
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users in the country in which you are resident or from which you use
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the service; or
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(E) the provision of the Services to you by Google is, in Google’s
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opinion, no longer commercially viable.
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12.3 Nothing in this Section shall affect Google’s rights regarding
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provision of Services under Section 4 of the Terms.
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12.4 When these Terms come to an end, all of the legal rights,
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obligations and liabilities that you and Google have benefited from,
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been subject to (or which have accrued over time whilst the Terms have
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been in force) or which are expressed to continue indefinitely, shall
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be unaffected by this cessation, and the provisions of paragraph 19.7
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shall continue to apply to such rights, obligations and liabilities
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indefinitely.
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13. EXCLUSION OF WARRANTIES
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13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL
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EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY
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NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME
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JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
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CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR
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DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED
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TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE
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LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND
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OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES
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IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS
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AVAILABLE.”
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13.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
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LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
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(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
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(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
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FREE FROM ERROR,
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(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
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SERVICES WILL BE ACCURATE OR RELIABLE, AND
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(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
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PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
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13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
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THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
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BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
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DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
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MATERIAL.
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13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
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FROM GOOGLE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY
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NOT EXPRESSLY STATED IN THE TERMS.
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13.6 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS
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OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
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THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
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PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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14. LIMITATION OF LIABILITY
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14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU
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EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND
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AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
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(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
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EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND
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UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED
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TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY
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LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED,
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COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
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INTANGIBLE LOSS;
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(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT
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LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
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(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR
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EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR
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TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING
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APPEARS ON THE SERVICES;
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(II) ANY CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICES, OR FOR ANY
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PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR
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ANY FEATURES WITHIN THE SERVICES);
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(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT
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AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH
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YOUR USE OF THE SERVICES;
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(IV) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION;
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(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
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CONFIDENTIAL;
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14.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 14.1
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ABOVE SHALL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD
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HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
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15. Copyright and trade mark policies
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15.1 It is Google’s policy to respond to notices of alleged copyright
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infringement that comply with applicable international intellectual
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property law (including, in the United States, the Digital Millennium
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Copyright Act) and to terminating the accounts of repeat infringers.
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Details of Google’s policy can be found at
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http://www.google.com/dmca.html.
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15.2 Google operates a trade mark complaints procedure in respect of
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Google’s advertising business, details of which can be found at
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http://www.google.com/tm_complaint.html.
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16. Advertisements
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16.1 Some of the Services are supported by advertising revenue and may
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display advertisements and promotions. These advertisements may be
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targeted to the content of information stored on the Services, queries
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made through the Services or other information.
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16.2 The manner, mode and extent of advertising by Google on the
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Services are subject to change without specific notice to you.
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16.3 In consideration for Google granting you access to and use of the
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Services, you agree that Google may place such advertising on the
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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).
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Adobe is acting on behalf of its suppliers for the purpose of
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disclaiming, excluding and/or limiting obligations, warranties and
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liability as provided in this Agreement, but in no other respects and
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for no other purpose.
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16. Content Protection Terms
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(a) Definitions.
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“Compliance and Robustness Rules” means the document setting forth
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compliance and robustness rules for the Adobe Software located at
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http://www.adobe.com/mobile/licensees, or a successor web site thereto.
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“Content Protection Functions” means those aspects of the Adobe
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Software that are designed to ensure compliance with the Compliance and
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Robustness Rules, and to prevent playback, copying, modification,
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redistribution or other actions with respect to digital content
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distributed for consumption by users of the Adobe Software when such
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actions are not authorized by the owners of such digital content or its
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licensed distributors.
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“Content Protection Code” means code within certain designated versions
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of the Adobe Software that enables certain Content Protection
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Functions.
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“Key” means a cryptographic value contained in the Adobe Software for
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use in decrypting digital content.
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(b) License Restrictions. Sublicensee’s right to exercise the licenses
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with respect to the Adobe Software is subject to the following
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additional restrictions and obligations. Sublicensee will ensure that
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Sublicensee’s customers comply with these restrictions and obligations
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to the same extent imposed on Sublicensee with respect to the Adobe
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Software; any failure by Sublicensee’s customers to comply with these
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additional restrictions and obligations shall be treated as a material
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breach by Sublicensee.
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b.1. Sublicensee and customers may only distribute the Adobe Software
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that meets the Robustness and Compliance Rules as so confirmed by
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Sublicensee during the verification process described above in the
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Adobe Terms.
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b.2. Sublicensee shall not (i) circumvent the Content Protection
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Functions of either the Adobe Software or any related Adobe Software
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that is used to encrypt or decrypt digital content for authorized
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consumption by users of the Adobe Software, or (ii) develop or
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distribute products that are designed to circumvent the Content
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Protection Functions of either the Adobe Software or any Adobe Software
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that is used to encrypt or decrypt digital content for authorized
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consumption by users of the Adobe Software.
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(c) The Keys are hereby designated as Adobe’s Confidential Information,
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and Sublicensee will, with respect to the Keys, adhere to Adobe’s
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Source Code Handling Procedure (to be provided by Adobe upon request).
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(d) Injunctive Relief. Sublicensee agrees that a breach of this
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Agreement may compromise the Content Protection Functions of the Adobe
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Software and may cause unique and lasting harm to the interests of
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Adobe and owners of digital content that rely on such Content
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Protection Functions, and that monetary damages may be inadequate to
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compensate fully for such harm. Therefore, Sublicensee further agrees
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that Adobe may be entitled to seek injunctive relief to prevent or
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limit the harm caused by any such breach, in addition to monetary
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damages.
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17. Intended Third-party Beneficiary. Adobe Systems Incorporated and
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Adobe Software Ireland Limited are the intended third-party
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beneficiaries of Google’s agreement with Sublicensee with respect to
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the Adobe Software, including but not limited to, the Adobe Terms.
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Sublicensee agrees, notwithstanding anything to the contrary in its
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agreement with Google, that Google may disclose Sublicensee’s identity
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to Adobe and certify in writing that Sublicensee has entered into a
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license agreement with Google which includes the Adobe Terms.
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Sublicensee must have an agreement with each of its licensees, and if
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such licensees are allowed to redistribute the Adobe Software, such
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agreement will include the Adobe Terms.
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