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290 lines
17 KiB
290 lines
17 KiB
ANDROID SOFTWARE DEVELOPMENT KIT
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LICENSE AGREEMENT
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1. Introduction
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1.1 The Android Software Development Kit (referred to in this License Agreement as the "SDK" and
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specifically including the Android system files and packaged APIs) is licensed to you subject to the terms
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of this License Agreement. This License Agreement forms a legally binding contract between you and
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Google in relation to your use of the SDK.
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1.2 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600
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Amphitheatre Parkway, Mountain View, CA 94043, United States.
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1.3 This version of the Android SDK is being offered to the developer community on an "Early Look" basis.
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With the help and input of the developer community, Google will continue to add new functionality and
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features to continually improve the SDK. Once the SDK reaches a more finished form, Google intends to
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release most of the components under the Apache v2.0 open source license.
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2. Accepting this License Agreement
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2.1 In order to use the SDK, you must first agree to this License Agreement. You may not use the SDK if you
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do not accept this License Agreement.
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2.2 You can accept this License Agreement by:
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(A) clicking to accept or agree to this License Agreement, where this option is made available to you;
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or
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(B) by actually using the SDK. In this case, you agree that use of the SDK constitutes acceptance of
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the Licensing Agreement from that point onwards.
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2.3 You may not use the SDK and may not accept the Licensing Agreement if you are a person barred from
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receiving the SDK under the laws of the United States or other countries including the country in which
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you are resident or from which you use the SDK.
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2.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or other entity, you
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represent and warrant that you have full legal authority to bind your employer or such entity to this License
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Agreement. If you do not have the requisite authority, you may not accept the Licensing Agreement or use
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the SDK on behalf of your employer or other entity.
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3. SDK License from Google
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3.1 Subject to the terms of this License Agreement, Google grants you a limited, worldwide, royalty-free, non-
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assignable and non-exclusive license to use the SDK solely to develop applications to run on the Android
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platform.
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3.2 You agree that Google or third parties own all legal right, title and interest in and to the SDK, including any
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Intellectual Property Rights that subsist in the SDK. "Intellectual Property Rights" means any and all rights
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under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.
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Google reserves all rights not expressly granted to you.
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3.3. Except to the extent required by applicable third party licenses, you may not copy (except for backup
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purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works
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of the SDK or any part of the SDK. Except to the extent required by applicable third party licenses, you
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may not load any part of the SDK onto a mobile handset or any other hardware device except a personal
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computer, combine any part of the SDK with other software, or distribute any software or device
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incorporating a part of the SDK.
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3.4 Use, reproduction and distribution of components of the SDK licensed under an open source software
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license are governed solely by the terms of that open source software license and not this License
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Agreement.
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3.5 You agree that the form and nature of the SDK that Google provides may change without prior notice to
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you and that future versions of the SDK may be incompatible with applications developed on previous
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versions of the SDK. You agree that Google may stop (permanently or temporarily) providing the SDK (or
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any features within the SDK) to you or to users generally at Google's sole discretion, without prior notice
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to you.
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3.6 Nothing in this License Agreement gives you a right to use any of Google's trade names, trademarks,
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service marks, logos, domain names, or other distinctive brand features.
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3.7 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright
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and trademark notices) that may be affixed to or contained within the SDK.
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4. Use of the SDK by You
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4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under this License
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Agreement in or to any software applications that you develop using the SDK, including any intellectual
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property rights which subsist in those applications.
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4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) this License
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Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the
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relevant jurisdictions (including any laws regarding the export of data or software to and from the United
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States or other relevant countries).
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4.3 You agree that if you use the SDK to develop applications for general public users, you will protect the
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privacy and legal rights of those users. If the users provide you with user names, passwords, or other login
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information or personal information, your must make the users aware that the information will be available
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to your application, and you must provide legally adequate privacy notice and protection for those users. If
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your application stores personal or sensitive information provided by users, it must do so securely. If the
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user provides your application with Google Account information, your application may only use that
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information to access the user's Google Account when, and for the limited purposes for which, the user has
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given you permission to do so.
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4.4 You agree that you will not engage in any activity with the SDK, including the development or distribution
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of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers,
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networks, or other properties or services of any third party including, but not limited to, Google or any
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mobile communications carrier.
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4.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third
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party for) any data, content, or resources that you create, transmit or display through the Android platform
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and/or applications for the Android platform, and for the consequences of your actions (including any loss
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or damage which Google may suffer) by doing so.
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4.6 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third
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party for) any breach of your obligations under this License Agreement, any applicable third party contract
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or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or
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damage which Google or any third party may suffer) of any such breach.
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5. Your Developer Credentials
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5.1 You agree that you are responsible for maintaining the confidentiality of any developer credentials that may
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be issued to you by Google or which you may choose yourself and that you will be solely responsible for
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all applications that are developed under your developer credentials.
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6. Privacy and Information
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6.1 In order to continually innovate and improve the SDK, Google may collect certain usage statistics from the
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software including but not limited to a unique identifier, associated IP address, version number of the
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software, and information on which tools and/or services in the SDK are being used and how they are being
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used. Before any of this information is collected, the SDK will notify you and seek your consent. If you
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withhold consent, the information will not be collected.
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6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in accordance with
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Google's Privacy Policy.
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7. Third Party Applications for the Android Platform
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7.1 If you use the SDK to run applications developed by a third party or that access data, content or resources
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provided by a third party, you agree that Google is not responsible for those applications, data, content, or
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resources. You understand that all data, content or resources which you may access through such third
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party applications are the sole responsibility of the person from which they originated and that Google is
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not liable for any loss or damage that you may experience as a result of the use or access of any of those
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third party applications, data, content, or resources.
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7.2 You should be aware the data, content, and resources presented to you through such a third party
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application may be protected by intellectual property rights which are owned by the providers (or by other
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persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create
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derivative works based on these data, content, or resources (either in whole or in part) unless you have been
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specifically given permission to do so by the relevant owners.
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7.3 You acknowledge that your use of such third party applications, data, content, or resources may be subject
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to separate terms between you and the relevant third party. In that case, this License Agreement does not
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affect your legal relationship with these third parties.
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8. Using Android APIs
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8.1 Android Maps API
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8.1.1 If you use the Android Maps API (described in the SDK by the Package name
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"com.google.android.maps"), the terms of your binding legal agreement with Google include this
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License Agreement, the Google Maps API Terms of Service and the Google Maps Terms of
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Service. You must read and agree to those Terms of Service before you use the Android Maps
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API.
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8.1.2 If you use the Android Maps API to retrieve map or satellite image data from Google, you must
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include the following copyright notice in your application or service in a manner that is reasonably
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available to users:
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"Copyright Notice: Data: (c)2007 TeleAtlas, AND, Europa Technologies,
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Kingway, Map Data Sciences Pty Ltd, PSMA, ZENRIN, Geocentre,
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MapLink/TeleAtlas; Imagery: (c)2007 DigitalGlobe, EarthSat, Sanborn,
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NYGIS, Scankort, TerraMetrics, MassGIS Commonwealth of Massachusetts,
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Digital Earth Technology."
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8.2 Google Data APIs
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8.2.1 If you use any API to retrieve data from Google, you acknowledge that the data may be protected
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by intellectual property rights which are owned by those who provide that data (or by other
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persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or
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create derivative works based on this data (either in whole or in part) unless you have been
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specifically given permission to do so by the owners of that data.
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8.2.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you
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shall retrieve data only with the user's explicit consent and only when, and for the limited
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purposes for which, the user has given you permission to do so.
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9. Terminating this License Agreement
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9.1 This License Agreement will continue to apply until terminated by either you or Google as set out below.
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9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of the SDK and any
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relevant developer credentials.
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9.3 Google may at any time, terminate this License Agreement with you if:
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(A) you have breached any provision of this License Agreement; or
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(B) Google is required to do so by law; or
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(C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated
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its relationship with Google or ceased to offer certain parts of the SDK to you; or
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(D) Google decides to no longer providing the SDK or certain parts of the SDK to users in the country
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in which you are resident or from which you use the service, or the provision of the SDK or
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certain SDK services to you by Google is, in Google's sole discretion, no longer commercially
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viable.
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9.4 When this License Agreement comes to an end, all of the legal rights, obligations and liabilities that you
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and Google have benefited from, been subject to (or which have accrued over time whilst this License
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Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this
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cessation, and the provisions of paragraph 14.7 shall continue to apply to such rights, obligations and
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liabilities indefinitely.
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10. DISCLAIMER OF WARRANTIES
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10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR
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SOLE RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
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WARRANTY OF ANY KIND FROM GOOGLE.
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10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
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THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE
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SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
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DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
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10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
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KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
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WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE AND NON-INFRINGEMENT.
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11. LIMITATION OF LIABILITY
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11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND
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AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF
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LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
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EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF
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DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR
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SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
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12. Indemnification
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12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Google, its
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affiliates and their respective directors, officers, employees and agents from and against any and all claims,
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actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses
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(including reasonable attorneys fees) arising out of or accruing from (a) your use of the SDK, (b) any
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application you develop on the SDK that infringes any copyright, trademark, trade secret, trade dress,
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patent or other intellectual property right of any person or defames any person or violates their rights of
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publicity or privacy, and (c) any non-compliance by you with this License Agreement.
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13. Changes to the License Agreement
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13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK. When
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these changes are made, Google will make a new version of the License Agreement available on the
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website where the SDK is made available and with the SDK downloadable.
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13.2 You agree that your use of a specific version of the SDK is governed by the License Agreement included
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with that version of the SDK.
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14. General Legal Terms
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14.1 This License Agreement constitute the whole legal agreement between you and Google and govern your
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use of the SDK (excluding any services which Google may provide to you under a separate written
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agreement), and completely replace any prior agreements between you and Google in relation to the SDK.
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14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in this
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License Agreement (or which Google has the benefit of under any applicable law), this will not be taken to
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be a formal waiver of Google's rights and that those rights or remedies will still be available to Google.
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14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this License
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Agreement is invalid, then that provision will be removed from this License Agreement without affecting
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the rest of this License Agreement. The remaining provisions of this License Agreement will continue to
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be valid and enforceable.
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14.4 You acknowledge and agree that each member of the group of companies of which Google is the parent
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shall be third party beneficiaries to this License Agreement and that such other companies shall be entitled
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to directly enforce, and rely upon, any provision of this License Agreement that confers a benefit on (or
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rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to
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this License Agreement.
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14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND
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REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT
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LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE
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RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
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14.6 The rights granted in this License Agreement may not be assigned or transferred by either you or Google
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without the prior written approval of the other party. Neither you nor Google shall be permitted to delegate
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their responsibilities or obligations under this License Agreement without the prior written approval of the
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other party.
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14.7 This License Agreement, and your relationship with Google under this License Agreement, shall be
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governed by the laws of the State of California without regard to its conflict of laws provisions. You and
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Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara,
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California to resolve any legal matter arising from this License Agreement. Notwithstanding this, you
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agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent
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legal relief) in any jurisdiction.
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February 12, 2008
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