google-chrome
# lynx -dump http://www.google.com/chrome/intl/en/eula_text.html
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 Googleâs products, software, services and web sites
(referred to collectively as the âServicesâ 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. âGoogleâ 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 âUniversal
Termsâ. 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 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 âAdditional Termsâ.
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 âTermsâ.
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 (âSubsidiaries and Affiliatesâ). 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 Googleâs 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 Googleâs data protection practices, please
read Googleâs 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 Googleâs
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 âContent.â
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 Googleâs 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 Googleâs 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 âSoftwareâ 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 Googleâs
opinion, no longer commercially viable.
12.3 Nothing in this Section shall affect Googleâs 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 GOOGLEâS 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 âAS
AVAILABLE.â
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 GOOGLEâS 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 Googleâs 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 Googleâs policy can be found at
http://www.google.com/dmca.html.
15.2 Google operates a trade mark complaints procedure in respect of
Googleâs 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 Googleâs 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 Googleâs 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 ( âAVC VIDEOâ) 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
âAdobeâ). Your use of the Adobe software as provided by Google (âAdobe
Softwareâ) is subject to the following additional terms (the âAdobe
Termsâ). You, the entity receiving the Adobe Software, will be
hereinafter referred to as âSublicensee.â
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, âElectronic Transmissionsâ) 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 âEnd-User Licenseâ): (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
Sublicenseeâs 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
Adobeâs 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 âUpgradesâ) 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 Sublicenseeâs 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 (âSublicensee Productâ) 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 Adobeâs 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 Adobeâs then-current process
described at http://flashmobile.adobe.com/ (âVerificationâ).
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 âAdobe Device Intelligence system,â located at
https://devices.adobe.com/partnerportal/, and made available through
Adobeâs 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 (âthe AAC Codecâ). 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 Googleâs or Adobeâs efforts
to update the Adobe Software in all Sublicenseeâs products
incorporating the Adobe Software as bundled with the Google Software
(âSublicensee Productsâ).
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 âAS ISâ 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 SUBLICENSEEâS 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 SUBLICENSEEâS JURISDICTION.
ADOBEâS 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 Adobeâs
liability to Sublicensee in the event of death or personal injury
resulting from Adobeâs 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.
âCompliance and Robustness Rulesâ 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.
âContent Protection Functionsâ 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.
âContent Protection Codeâ means code within certain designated versions
of the Adobe Software that enables certain Content Protection
Functions.
âKeyâ means a cryptographic value contained in the Adobe Software for
use in decrypting digital content.
(b) License Restrictions. Sublicenseeâs right to exercise the licenses
with respect to the Adobe Software is subject to the following
additional restrictions and obligations. Sublicensee will ensure that
Sublicenseeâs customers comply with these restrictions and obligations
to the same extent imposed on Sublicensee with respect to the Adobe
Software; any failure by Sublicenseeâs 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 Adobeâs Confidential Information,
and Sublicensee will, with respect to the Keys, adhere to Adobeâs
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 Googleâs 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 Sublicenseeâs 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.
