| Thank you for using Google Earth! By downloading, |
| installing or using Google software or any portion |
| thereof ("Google Software") you agree to the following |
| terms and conditions (the "Terms and Conditions"). The |
| Google Software, and any portion thereof, are referred |
| to herein as the "Software." |
| |
| 1. USE OF SOFTWARE The Software is made available to |
| you for your personal, non-commercial use only. You |
| may not use the Software or the geographical |
| information made available for display using the |
| Software, or any prints or screen outputs generated |
| with the Software in any commercial or business |
| environment or for any commercial or business purposes |
| for yourself or any third parties. You may not use |
| the Google Software in any manner that could damage, |
| disable, overburden, or impair Google's services |
| (e.g., you may not use the Google Software in an |
| automated manner), nor may you use Software in any |
| manner that could interfere with any other party's use |
| and enjoyment of Google's services. |
| |
| 2. PRIVACY POLICY Protecting users' privacy is very |
| important to Google. As a condition of downloading and |
| using the Software, you agree to the terms of the |
| Google Privacy Policy at |
| http://www.google.com/privacy.html, which may be |
| updated from time to time and without notice. |
| Information collected by Google in connection with |
| your use of the Software may be stored and processed |
| in the United States or any other country in which |
| Google or its agents maintain facilities. Accordingly, |
| by using the Software you consent to any transfer of |
| such information outside of your country. You |
| acknowledge and agree that Google may access, |
| preserve, and disclose your account information if |
| required to do so by law or in a good faith belief |
| that such access preservation or disclosure is |
| reasonably necessary to: (a) satisfy any applicable |
| law, regulation, legal process or governmental |
| request, (b) enforce these Terms and Conditions, |
| including investigation of potential violations |
| hereof, (c) detect, prevent, or otherwise address |
| fraud, security or technical issues (including, |
| without limitation, the filtering of spam), (d) |
| respond to user support requests, or (e) protect the |
| rights, property or safety of Google, its users, and |
| the public. Google will not be responsible or liable |
| for the exercise or non-exercise of rights under these |
| Terms and Conditions. |
| |
| 3. PROPRIETARY RIGHTS You acknowledge that (a) the |
| Software contains proprietary and confidential |
| information that is protected by applicable |
| intellectual property and other laws, and (b) Google |
| owns all right, title and interest in and to the |
| Software and software provided through or in |
| conjunction with the Software, including without |
| limitation all Intellectual Property Rights therein |
| and thereto. "Intellectual Property Rights" means any |
| and all rights existing from time to time under patent |
| law, copyright law, trade secret law, trademark law, |
| unfair competition law, and any and all other |
| proprietary rights, and any and all applications, |
| renewals, extensions and restorations thereof, now or |
| hereafter in force and effect worldwide. You agree |
| that you will not, and will not allow any third party |
| to, (i) copy, sell, license, distribute, transfer, |
| modify, adapt, translate, prepare derivative works |
| from, decompile, reverse engineer, disassemble or |
| otherwise attempt to derive source code from the |
| Software, unless otherwise permitted, (ii) take any |
| action to circumvent or defeat the security or content |
| usage rules provided, deployed or enforced by any |
| functionality (including without limitation digital |
| rights management functionality) contained in the |
| Software, (iii) use the Software to access, copy, |
| transfer, transcode or retransmit content in violation |
| of any law or third party rights, or (iv) remove, |
| obscure, or alter Google's copyright notices, |
| trademarks, or other proprietary rights notices |
| affixed to or contained within or accessed in |
| conjunction with or through the Software. |
| |
| 4. AUTOMATIC UPDATES The Software may communicate with |
| Google servers from time to time to check for |
| available updates to the Software, such as bug fixes, |
| patches, enhanced functions, missing plug-ins and new |
| versions (collectively, "Updates"). By installing the |
| Software, you agree to automatically request and |
| receive Updates. |
| |
| 5. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and |
| any related documentation are deemed "commercial |
| computer software" and "commercial computer software |
| documentation," respectively, within the meaning of |
| the applicable civilian and military Federal |
| acquisition regulations and any supplement thereto. If |
| the user of the Software is an agency, department, |
| employee, or other entity of the United States |
| Government, the use, duplication, reproduction, |
| release, modification, disclosure, or transfer of the |
| Software, including technical data or manuals, is |
| restricted by the terms, conditions and covenants |
| contained in these Terms and Condition. In accordance |
| with Federal Acquisition Regulation 12.212 for |
| civilian agencies and Defense Federal Acquisition |
| Regulation Supplement 227.7202 for military agencies, |
| use of the Software is further restricted by these |
| Terms and Conditions. |
| |
| 6. EXPORT RESTRICTIONS The Software may be subject to |
| export controls or restrictions by the United States |
| or other countries or territories. You agree to (i) |
| comply with the requirements of the U.S. Department of |
| Commerce (DOC) Export Administration Regulations (EAR) |
| (see http://www.bis.doc.gov) and all applicable |
| international, national, state, regional and local |
| laws, and regulations, including without limitation |
| any applicable import and use restrictions, (ii) not |
| export, or re-export, directly or indirectly, the |
| Software to any country outlined in the EAR, nor to |
| any person or entity on the DOC Denied Persons, |
| Entities and Unverified Lists, the U.S. Department of |
| State's Debarred List, or on the U.S. Department of |
| Treasury's lists of Specially Designated Nationals, |
| Specially Designated Narcotics Traffickers, or |
| Specially Designated Terrorists, (iii) not export, or |
| re-export the Software to any military entity not |
| approved under the EAR, or to any other entity for any |
| military purpose, and (iv) not license, sell, provide |
| or distribute the Software for use in connection with |
| chemical, biological, or nuclear weapons or missiles |
| capable of delivering such weapons. |
| |
| 7. COMPLIANCE WITH LAWS AND GOOGLE POLICIES You agree |
| to comply with all local laws and regulations |
| regarding the download, installation and/or use of the |
| Software. You agree to comply with any applicable |
| policies or guidelines that Google may make available |
| from time to time in its sole discretion. By way of |
| example, and not as a limitation, you agree that when |
| using the Software, you will not: * defame, abuse, |
| harass, stalk, threaten or otherwise violate the legal |
| rights (such as rights of privacy and publicity) of |
| others; * upload, post, email or transmit or |
| otherwise make available any inappropriate, |
| defamatory, infringing, obscene, or unlawful Content; |
| * upload, post, email or transmit or otherwise make |
| available any Content that infringes any patent, |
| trademark, copyright, trade secret or other |
| proprietary right of any party, unless you are the |
| owner of such rights or have the permission of the |
| owner to post such Content; * download any file |
| posted by another that you know, or reasonably should |
| know, that cannot be legally distributed in such |
| manner; * impersonate another person or entity, or |
| falsify or delete any author attributions, legal or |
| other proper notices or proprietary designations or |
| labels of the origin or source of software or other |
| material; * restrict or inhibit any other user from |
| using and enjoying Google services; * use Google |
| services for any illegal or unauthorized purpose; * |
| remove any copyright, trademark or other proprietary |
| rights notices contained in or on Google services; * |
| interfere with or disrupt Google services or servers |
| or networks connected to Google services, or disobey |
| any requirements, procedures, policies or regulations |
| of networks connected to Google services; * use any |
| robot, spider, site search/retrieval application, or |
| other device to retrieve or index any portion of |
| Google services or collect information about users for |
| any unauthorized purpose; * submit Content that |
| falsely expresses or implies that such Content is |
| sponsored or endorsed by Google; * create user |
| accounts by automated means or under false or |
| fraudulent pretenses; * promote or provide |
| instructional information about illegal activities or |
| promote physical harm or injury against any group or |
| individual; or * transmit any viruses, worms, |
| defects, Trojan horses, or any items of a destructive |
| nature. |
| |
| 8. TERMINATION You may terminate these Terms and |
| Conditions at any time by permanently deleting the |
| Software in its entirety. Your rights automatically |
| and immediately terminate without notice from Google |
| if you fail to comply with any provision of these |
| Terms and Conditions. In such event, you must |
| immediately delete the Software. To the maximum |
| extent permitted by law, Google reserves the right to |
| terminate this agreement at any time and for any |
| reason. |
| |
| 9. SURVIVAL The provisions of Sections 3, 5, 6, 9, 10, |
| 11, 12, 13, 14, 15 and 16 shall survive any |
| termination or expiration of these Terms and |
| Conditions. |
| |
| 10. INDEMNITY You agree to hold harmless and indemnify |
| Google and its subsidiaries, affiliates, officers, |
| agents, and employees from and against any claim, suit |
| or action arising from or in any way related to your |
| use of the Software or your violation of these Terms |
| and Conditions, including any liability or expense |
| arising from all claims, losses, damages, suits, |
| judgments, litigation costs and attorneys' fees, of |
| every kind and nature. In such a case, Google will |
| provide you with written notice of such claim, suit or |
| action. |
| |
| 11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND |
| AND AGREE THAT: a) YOUR USE OF THE SOFTWARE IS AT YOUR |
| SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" |
| BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM |
| EXTENT PERMITTED BY LAW, GOOGLE 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. |
| b) GOOGLE MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL |
| MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE |
| ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, |
| RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE |
| SOFTWARE, AND (IV) THAT ANY ERRORS IN THE SOFTWARE |
| WILL BE CORRECTED. c) ANY CONTENT OR MATERIAL |
| DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF |
| THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK |
| AND 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 CONTENT OR |
| MATERIAL. d) NONE OF THE SOFTWARE IS INTENDED FOR USE |
| IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT |
| SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION |
| OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, |
| OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE |
| OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, |
| OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. e) NO |
| ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, |
| OBTAINED BY YOU FROM GOOGLE OR ANY THIRD PARTY OR |
| THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT |
| EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. |
| |
| 12. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND |
| AND AGREE THAT GOOGLE SHALL NOT BE LIABLE TO YOU FOR |
| ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, |
| CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT |
| LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, |
| USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOOGLE |
| HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) |
| RESULTING FROM: (I) THE USE OR THE INABILITY TO USE |
| THE SOFTWARE; (II) THE INABILITY TO USE THE SOFTWARE |
| TO ACCESS CONTENT OR DATA; (III) THE COST OF |
| PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) |
| UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR |
| TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER |
| RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS |
| SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL |
| PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST |
| EXTENT PERMITTED BY LAW. |
| |
| 13. EXCLUSIONS AND LIMITATIONS NOTHING IN THIS |
| AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY |
| CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT |
| BE LAWFULLY EXCLUDED OR LIMITED. 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 ABOVE |
| LIMITATIONS IN SECTIONS 11 AND 12 WHICH ARE LAWFUL IN |
| YOUR JURISDICTION WILL APPLY TO YOU AND GOOGLE'S |
| LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT |
| PERMITTED BY LAW. |
| |
| 14. NO THIRD PARTY BENEFICIARIES You agree that, |
| except as otherwise expressly provided in these Terms |
| and Conditions, there shall be no third party |
| beneficiaries to these Terms and Conditions. |
| |
| 15. GOOGLE SERVICES AND THIRD PARTY PRODUCTS AND |
| SERVICES Some of the Google Software is designed to be |
| used in conjunction with Google's search and other |
| services. Accordingly, your use of such Google |
| Software is also defined by Google's Terms of Service |
| located at http://www.google.com/terms_of_service.html |
| and Google's Privacy Policy located at |
| http://www.google.com/privacypolicy.html. |
| |
| 16. MISCELLANEOUS PROVISIONS a) Entire Agreement. |
| These Terms and Conditions constitute the entire |
| agreement between you and Google relating to the |
| Software and govern your use of the Software, |
| superceding any prior or contemporaneous agreements |
| between you and Google regarding the Software. b) |
| Choice of Law and Forum. These Terms and Conditions |
| and the relationship between you and Google shall be |
| governed by the laws of the State of California |
| without regard to its conflict of law provisions. You |
| and Google agree to submit to the personal and |
| exclusive jurisdiction of the courts located within |
| the county of Santa Clara, California. c) Waiver and |
| Severability of Terms. The failure of Google to |
| exercise or enforce any right or provision of these |
| Terms and Conditions shall not constitute a waiver of |
| such right or provision. If any provision of these |
| Terms and Conditions is found by a court of competent |
| jurisdiction to be invalid, the parties nevertheless |
| agree that the court should endeavor to give effect to |
| the parties' intentions as reflected in the provision, |
| and the other provisions of these Terms and Conditions |
| shall remain in full force and effect. d) Statute of |
| Limitations. You agree that regardless of any statute |
| or law to the contrary, any claim or cause of action |
| arising out of or related to use of the Software or |
| these Terms and Conditions must be filed within one |
| (1) year after such claim or cause of action arose or |
| be forever barred. e) Headings. The section headings |
| in these Terms and Conditions are for convenience only |
| and have no legal or contractual effect. |
| |
| |