| # 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 Google’s products, software, services and web sites |
| (referred to collectively as the “Services” in this document and |
| excluding any services provided to you by Google under a separate |
| written agreement) is subject to the terms of a legal agreement between |
| you and Google. “Google” means Google Inc., whose principal place of |
| business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, |
| United States. This document explains how the agreement is made up, and |
| sets out some of the terms of that agreement. |
| |
| 1.2 Unless otherwise agreed in writing with Google, your agreement with |
| Google will always include, at a minimum, the terms and conditions set |
| out in this document. These are referred to below as the “Universal |
| Terms”. Open source software licenses for Google Chrome source code |
| constitute separate written agreements. To the limited extent that the |
| open source software licenses expressly supersede these Universal |
| Terms, the open source licenses govern your agreement with Google for |
| the use of Google Chrome or specific included components of Google |
| Chrome. |
| |
| 1.3 Your agreement with Google will also include the terms set forth |
| below in the Google Chrome Additional Terms of Service and terms of any |
| Legal Notices applicable to the Services, in addition to the Universal |
| Terms. All of these are referred to below as the “Additional Terms”. |
| Where Additional Terms apply to a Service, these will be accessible for |
| you to read either within, or through your use of, that Service. |
| |
| 1.4 The Universal Terms, together with the Additional Terms, form a |
| legally binding agreement between you and Google in relation to your |
| use of the Services. It is important that you take the time to read |
| them carefully. Collectively, this legal agreement is referred to below |
| as the “Terms”. |
| |
| 1.5 If there is any contradiction between what the Additional Terms say |
| and what the Universal Terms say, then the Additional Terms shall take |
| precedence in relation to that Service. |
| |
| 2. Accepting the Terms |
| |
| 2.1 In order to use the Services, you must first agree to the Terms. |
| You may not use the Services if you do not accept the Terms. |
| |
| 2.2 You can accept the Terms by: |
| |
| (A) clicking to accept or agree to the Terms, where this option is made |
| available to you by Google in the user interface for any Service; or |
| |
| (B) by actually using the Services. In this case, you understand and |
| agree that Google will treat your use of the Services as acceptance of |
| the Terms from that point onwards. |
| |
| 3. Language of the Terms |
| |
| 3.1 Where Google has provided you with a translation of the English |
| language version of the Terms, then you agree that the translation is |
| provided for your convenience only and that the English language |
| versions of the Terms will govern your relationship with Google. |
| |
| 3.2 If there is any contradiction between what the English language |
| version of the Terms says and what a translation says, then the English |
| language version shall take precedence. |
| |
| 4. Provision of the Services by Google |
| |
| 4.1 Google has subsidiaries and affiliated legal entities around the |
| world (“Subsidiaries and Affiliates”). Sometimes, these companies will |
| be providing the Services to you on behalf of Google itself. You |
| acknowledge and agree that Subsidiaries and Affiliates will be entitled |
| to provide the Services to you. |
| |
| 4.2 Google is constantly innovating in order to provide the best |
| possible experience for its users. You acknowledge and agree that the |
| form and nature of the Services which Google provides may change from |
| time to time without prior notice to you. |
| |
| 4.3 As part of this continuing innovation, you acknowledge and agree |
| that Google may stop (permanently or temporarily) providing the |
| Services (or any features within the Services) to you or to users |
| generally at Google’s sole discretion, without prior notice to you. You |
| may stop using the Services at any time. You do not need to |
| specifically inform Google when you stop using the Services. |
| |
| 4.4 You acknowledge and agree that if Google disables access to your |
| account, you may be prevented from accessing the Services, your account |
| details or any files or other content which is contained in your |
| account. |
| |
| 5. Use of the Services by you |
| |
| 5.1 You agree to use the Services only for purposes that are permitted |
| by (a) the Terms and (b) any applicable law, regulation or generally |
| accepted practices or guidelines in the relevant jurisdictions |
| (including any laws regarding the export of data or software to and |
| from the United States or other relevant countries). |
| |
| 5.2 You agree that you will not engage in any activity that interferes |
| with or disrupts the Services (or the servers and networks which are |
| connected to the Services). |
| |
| 5.3 Unless you have been specifically permitted to do so in a separate |
| agreement with Google, you agree that you will not reproduce, |
| duplicate, copy, sell, trade or resell the Services for any purpose. |
| |
| 5.4 You agree that you are solely responsible for (and that Google has |
| no responsibility to you or to any third party for) any breach of your |
| obligations under the Terms and for the consequences (including any |
| loss or damage which Google may suffer) of any such breach. |
| |
| 6. Privacy and your personal information |
| |
| 6.1 For information about Google’s data protection practices, please |
| read Google’s privacy policy at http://www.google.com/privacy.html and |
| at http://www.google.com/chrome/intl/en/privacy.html. This policy |
| explains how Google treats your personal information, and protects your |
| privacy, when you use the Services. |
| |
| 6.2 You agree to the use of your data in accordance with Google’s |
| privacy policies. |
| |
| 7. Content in the Services |
| |
| 7.1 You understand that all information (such as data files, written |
| text, computer software, music, audio files or other sounds, |
| photographs, videos or other images) which you may have access to as |
| part of, or through your use of, the Services are the sole |
| responsibility of the person from which such content originated. All |
| such information is referred to below as the “Content.” |
| |
| 7.2 You should be aware that Content presented to you as part of the |
| Services, including but not limited to advertisements in the Services |
| and sponsored Content within the Services may be protected by |
| intellectual property rights which are owned by the sponsors or |
| advertisers who provide that Content to Google (or by other persons or |
| companies on their behalf). You may not modify, rent, lease, loan, |
| sell, distribute or create derivative works based on this Content |
| (either in whole or in part) unless you have been specifically told |
| that you may do so by Google or by the owners of that Content, in a |
| separate agreement. |
| |
| 7.3 Google reserves the right (but shall have no obligation) to |
| pre-screen, review, flag, filter, modify, refuse or remove any or all |
| Content from any Service. For some of the Services, Google may provide |
| tools to filter out explicit sexual content. These tools include the |
| SafeSearch preference settings (see |
| http://www.google.com/help/customize.html#safe). In addition, there are |
| commercially available services and software to limit access to |
| material that you may find objectionable. |
| |
| 7.4 You understand that by using the Services you may be exposed to |
| Content that you may find offensive, indecent or objectionable and |
| that, in this respect, you use the Services at your own risk. |
| |
| 7.5 You agree that you are solely responsible for (and that Google has |
| no responsibility to you or to any third party for) any Content that |
| you create, transmit or display while using the Services and for the |
| consequences of your actions (including any loss or damage which Google |
| may suffer) by doing so. |
| |
| 8. Proprietary rights |
| |
| 8.1 You acknowledge and agree that Google (or Google’s licensors) own |
| all legal right, title and interest in and to the Services, including |
| any intellectual property rights which subsist in the Services (whether |
| those rights happen to be registered or not, and wherever in the world |
| those rights may exist). |
| |
| 8.2 Unless you have agreed otherwise in writing with Google, nothing in |
| the Terms gives you a right to use any of Google’s trade names, trade |
| marks, service marks, logos, domain names, and other distinctive brand |
| features. |
| |
| 8.3 If you have been given an explicit right to use any of these brand |
| features in a separate written agreement with Google, then you agree |
| that your use of such features shall be in compliance with that |
| agreement, any applicable provisions of the Terms, and Google's brand |
| feature use guidelines as updated from time to time. These guidelines |
| can be viewed online at |
| http://www.google.com/permissions/guidelines.html (or such other URL as |
| Google may provide for this purpose from time to time). |
| |
| 8.4 Google acknowledges and agrees that it obtains no right, title or |
| interest from you (or your licensors) under these Terms in or to any |
| Content that you submit, post, transmit or display on, or through, the |
| Services, including any intellectual property rights which subsist in |
| that Content (whether those rights happen to be registered or not, and |
| wherever in the world those rights may exist). Unless you have agreed |
| otherwise in writing with Google, you agree that you are responsible |
| for protecting and enforcing those rights and that Google has no |
| obligation to do so on your behalf. |
| |
| 8.5 You agree that you shall not remove, obscure, or alter any |
| proprietary rights notices (including copyright and trade mark notices) |
| which may be affixed to or contained within the Services. |
| |
| 8.6 Unless you have been expressly authorized to do so in writing by |
| Google, you agree that in using the Services, you will not use any |
| trade mark, service mark, trade name, logo of any company or |
| organization in a way that is likely or intended to cause confusion |
| about the owner or authorized user of such marks, names or logos. |
| |
| 9. License from Google |
| |
| 9.1 Google gives you a personal, worldwide, royalty-free, |
| non-assignable and non-exclusive license to use the software provided |
| to you by Google as part of the Services as provided to you by Google |
| (referred to as the “Software” below). This license is for the sole |
| purpose of enabling you to use and enjoy the benefit of the Services as |
| provided by Google, in the manner permitted by the Terms. |
| |
| 9.2 Subject to section 1.2, you may not (and you may not permit anyone |
| else to) copy, modify, create a derivative work of, reverse engineer, |
| decompile or otherwise attempt to extract the source code of the |
| Software or any part thereof, unless this is expressly permitted or |
| required by law, or unless you have been specifically told that you may |
| do so by Google, in writing. |
| |
| 9.3 Subject to section 1.2, unless Google has given you specific |
| written permission to do so, you may not assign (or grant a sub-license |
| of) your rights to use the Software, grant a security interest in or |
| over your rights to use the Software, or otherwise transfer any part of |
| your rights to use the Software. |
| |
| 10. Content license from you |
| |
| 10.1 You retain copyright and any other rights you already hold in |
| Content which you submit, post or display on or through, the Services. |
| |
| 11. Software updates |
| |
| 11.1 The Software which you use may automatically download and install |
| updates from time to time from Google. These updates are designed to |
| improve, enhance and further develop the Services and may take the form |
| of bug fixes, enhanced functions, new software modules and completely |
| new versions. You agree to receive such updates (and permit Google to |
| deliver these to you) as part of your use of the Services. |
| |
| 12. Ending your relationship with Google |
| |
| 12.1 The Terms will continue to apply until terminated by either you or |
| Google as set out below. |
| |
| 12.2 Google may at any time, terminate its legal agreement with you if: |
| |
| (A) you have breached any provision of the Terms (or have acted in |
| manner which clearly shows that you do not intend to, or are unable to |
| comply with the provisions of the Terms); or |
| |
| (B) Google is required to do so by law (for example, where the |
| provision of the Services to you is, or becomes, unlawful); or |
| |
| (C) the partner with whom Google offered the Services to you has |
| terminated its relationship with Google or ceased to offer the Services |
| to you; or |
| |
| (D) Google is transitioning to no longer providing the Services to |
| users in the country in which you are resident or from which you use |
| the service; or |
| |
| (E) the provision of the Services to you by Google is, in Google’s |
| opinion, no longer commercially viable. |
| |
| 12.3 Nothing in this Section shall affect Google’s rights regarding |
| provision of Services under Section 4 of the Terms. |
| |
| 12.4 When these Terms come to an end, all of the legal rights, |
| obligations and liabilities that you and Google have benefited from, |
| been subject to (or which have accrued over time whilst the Terms have |
| been in force) or which are expressed to continue indefinitely, shall |
| be unaffected by this cessation, and the provisions of paragraph 19.7 |
| shall continue to apply to such rights, obligations and liabilities |
| indefinitely. |
| |
| 13. EXCLUSION OF WARRANTIES |
| |
| 13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL |
| EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY |
| NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME |
| JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR |
| CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR |
| DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED |
| TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE |
| LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND |
| OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. |
| |
| 13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES |
| IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS |
| AVAILABLE.” |
| |
| 13.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS |
| LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: |
| |
| (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, |
| |
| (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR |
| FREE FROM ERROR, |
| |
| (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE |
| SERVICES WILL BE ACCURATE OR RELIABLE, AND |
| |
| (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE |
| PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. |
| |
| 13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF |
| THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL |
| BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER |
| DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH |
| MATERIAL. |
| |
| 13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU |
| FROM GOOGLE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY |
| NOT EXPRESSLY STATED IN THE TERMS. |
| |
| 13.6 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS |
| OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO |
| THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A |
| PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
| |
| 14. LIMITATION OF LIABILITY |
| |
| 14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU |
| EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND |
| AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: |
| |
| (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR |
| EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND |
| UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED |
| TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY |
| LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, |
| COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER |
| INTANGIBLE LOSS; |
| |
| (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT |
| LIMITED TO LOSS OR DAMAGE AS A RESULT OF: |
| |
| (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR |
| EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR |
| TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING |
| APPEARS ON THE SERVICES; |
| |
| (II) ANY CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICES, OR FOR ANY |
| PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR |
| ANY FEATURES WITHIN THE SERVICES); |
| |
| (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT |
| AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH |
| YOUR USE OF THE SERVICES; |
| |
| (IV) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION; |
| |
| (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND |
| CONFIDENTIAL; |
| |
| 14.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 14.1 |
| ABOVE SHALL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD |
| HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. |
| |
| 15. Copyright and trade mark policies |
| |
| 15.1 It is Google’s policy to respond to notices of alleged copyright |
| infringement that comply with applicable international intellectual |
| property law (including, in the United States, the Digital Millennium |
| Copyright Act) and to terminating the accounts of repeat infringers. |
| Details of Google’s policy can be found at |
| http://www.google.com/dmca.html. |
| |
| 15.2 Google operates a trade mark complaints procedure in respect of |
| Google’s advertising business, details of which can be found at |
| http://www.google.com/tm_complaint.html. |
| |
| 16. Advertisements |
| |
| 16.1 Some of the Services are supported by advertising revenue and may |
| display advertisements and promotions. These advertisements may be |
| targeted to the content of information stored on the Services, queries |
| made through the Services or other information. |
| |
| 16.2 The manner, mode and extent of advertising by Google on the |
| Services are subject to change without specific notice to you. |
| |
| 16.3 In consideration for Google granting you access to and use of the |
| Services, you agree that Google may place such advertising on the |
| Services. |
| |
| 17. Other content |
| |
| 17.1 The Services may include hyperlinks to other web sites or content |
| or resources. Google may have no control over any web sites or |
| resources which are provided by companies or persons other than Google. |
| |
| 17.2 You acknowledge and agree that Google is not responsible for the |
| availability of any such external sites or resources, and does not |
| endorse any advertising, products or other materials on or available |
| from such web sites or resources. |
| |
| 17.3 You acknowledge and agree that Google is not liable for any loss |
| or damage which may be incurred by you as a result of the availability |
| of those external sites or resources, or as a result of any reliance |
| placed by you on the completeness, accuracy or existence of any |
| advertising, products or other materials on, or available from, such |
| web sites or resources. |
| |
| 18. Changes to the Terms |
| |
| 18.1 Google may make changes to the Universal Terms or Additional Terms |
| from time to time. When these changes are made, Google will make a new |
| copy of the Universal Terms available at |
| http://www.google.com/chrome/intl/en/eula_text.html and any new |
| Additional Terms will be made available to you from within, or through, |
| the affected Services. |
| |
| 18.2 You understand and agree that if you use the Services after the |
| date on which the Universal Terms or Additional Terms have changed, |
| Google will treat your use as acceptance of the updated Universal Terms |
| or Additional Terms. |
| |
| 19. General legal terms |
| |
| 19.1 Sometimes when you use the Services, you may (as a result of, or |
| in connection with your use of the Services) use a service or download |
| a piece of software, or purchase goods, which are provided by another |
| person or company. Your use of these other services, software or goods |
| may be subject to separate terms between you and the company or person |
| concerned. If so, the Terms do not affect your legal relationship with |
| these other companies or individuals. |
| |
| 19.2 The Terms constitute the whole legal agreement between you and |
| Google and govern your use of the Services (but excluding any services |
| which Google may provide to you under a separate written agreement), |
| and completely replace any prior agreements between you and Google in |
| relation to the Services. |
| |
| 19.3 You agree that Google may provide you with notices, including |
| those regarding changes to the Terms, by email, regular mail, or |
| postings on the Services. |
| |
| 19.4 You agree that if Google does not exercise or enforce any legal |
| right or remedy which is contained in the Terms (or which Google has |
| the benefit of under any applicable law), this will not be taken to be |
| a formal waiver of Google’s rights and that those rights or remedies |
| will still be available to Google. |
| |
| 19.5 If any court of law, having the jurisdiction to decide on this |
| matter, rules that any provision of these Terms is invalid, then that |
| provision will be removed from the Terms without affecting the rest of |
| the Terms. The remaining provisions of the Terms will continue to be |
| valid and enforceable. |
| |
| 19.6 You acknowledge and agree that each member of the group of |
| companies of which Google is the parent shall be third party |
| beneficiaries to the Terms and that such other companies shall be |
| entitled to directly enforce, and rely upon, any provision of the Terms |
| which confers a benefit on (or rights in favor of) them. Other than |
| this, no other person or company shall be third party beneficiaries to |
| the Terms. |
| |
| 19.7 The Terms, and your relationship with Google under the Terms, |
| shall be governed by the laws of the State of California without regard |
| to its conflict of laws provisions. You and Google agree to submit to |
| the exclusive jurisdiction of the courts located within the county of |
| Santa Clara, California to resolve any legal matter arising from the |
| Terms. Notwithstanding this, you agree that Google shall still be |
| allowed to apply for injunctive remedies (or an equivalent type of |
| urgent legal relief) in any jurisdiction. |
| |
| 20. Additional Terms for Extensions for Google Chrome |
| |
| 20.1 These terms in this section apply if you install extensions on |
| your copy of Google Chrome. Extensions are small software programs, |
| developed by Google or third parties, that can modify and enhance the |
| functionality of Google Chrome. Extensions may have greater privileges |
| to access your browser or your computer than regular webpages, |
| including the ability to read and modify your private data. |
| |
| 20.2 From time to time, Google Chrome may check with remote servers |
| (hosted by Google or by third parties) for available updates to |
| extensions, including but not limited to bug fixes or enhanced |
| functionality. You agree that such updates will be automatically |
| requested, downloaded, and installed without further notice to you. |
| |
| 20.3 From time to time, Google may discover an extension that violates |
| Google developer terms or other legal agreements, laws, regulations or |
| policies. Google Chrome will periodically download a list of such |
| extensions from Google’s servers. You agree that Google may remotely |
| disable or remove any such extension from user systems in its sole |
| discretion. |
| |
| 21. Additional Terms for Enterprise Use |
| |
| 21.1 If you are a business entity, then the individual accepting on |
| behalf of the entity (for the avoidance of doubt, for business |
| entities, in these Terms, "you" means the entity) represents and |
| warrants that he or she has the authority to act on your behalf, that |
| you represent that you are duly authorized to do business in the |
| country or countries where you operate, and that your employees, |
| officers, representatives, and other agents accessing the Service are |
| duly authorized to access Google Chrome and to legally bind you to |
| these Terms. |
| |
| 21.2 Subject to the Terms, and in addition to the license grant in |
| Section 9, Google grants you a non-exclusive, non-transferable license |
| to reproduce, distribute, install, and use Google Chrome solely on |
| machines intended for use by your employees, officers, representatives, |
| and agents in connection with your business entity, and provided that |
| their use of Google Chrome will be subject to the Terms. |
| |
| August 12, 2010 |
| __________________________________________________________________ |
| |
| Google Chrome Additional Terms of Service |
| |
| MPEGLA |
| |
| THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE |
| PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN |
| COMPLIANCE WITH THE AVC STANDARD ( “AVC VIDEO”) AND/OR (ii) DECODE AVC |
| VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND |
| NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PARTNER |
| LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE |
| IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM |
| MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM. |
| |
| Adobe |
| |
| Google Chrome may include one or more components provided by Adobe |
| Systems Incorporated and Adobe Software Ireland Limited (collectively |
| “Adobe”). Your use of the Adobe software as provided by Google (“Adobe |
| Software”) is subject to the following additional terms (the “Adobe |
| Terms”). You, the entity receiving the Adobe Software, will be |
| hereinafter referred to as “Sublicensee.” |
| |
| 1. License Restrictions. |
| |
| (a) Flash Player, Version 10.x is designed only as a browser plug-in. |
| Sublicensee may not modify or distribute this Adobe Software for use as |
| anything but a browser plug-in for playing back content on a web page. |
| For example, Sublicensee will not modify this Adobe Software in order |
| to allow interoperation with applications that run outside of the |
| browser (e.g., standalone applications, widgets, device UI). |
| |
| (b) Sublicensee will not expose any APIs of the Flash Player, Version |
| 10.x through a browser plug-in interface in such a way that allows such |
| extension to be used to playback content from a web page as a |
| stand-alone application. |
| |
| (c) The Chrome-Reader Software may not be used to render any PDF or |
| EPUB documents that utilize digital rights management protocols or |
| systems other than Adobe DRM. |
| |
| (d) Adobe DRM must be enabled in the Chrome-Reader Software for all |
| Adobe DRM protected PDF and EPUB documents. |
| |
| (e) The Chrome-Reader Software may not, other than as explicitly |
| permitted by the technical specifications, disable any capabilities |
| provided by Adobe in the Adobe Software, including but not limited to, |
| support for PDF and EPUB formats and Adobe DRM. |
| |
| 2. Electronic Transmission. Sublicensee may allow the download of the |
| Adobe Software from a web site, the Internet, an intranet, or similar |
| technology (an, “Electronic Transmissions”) provided that Sublicensee |
| agrees that any distributions of the Adobe Software by Sublicensee, |
| including those on CD-ROM, DVD-ROM or other storage media and |
| Electronic Transmissions, if expressly permitted, shall be subject to |
| reasonable security measures to prevent unauthorized use. With relation |
| to Electronic Transmissions approved hereunder, Sublicensee agrees to |
| employ any reasonable use restrictions set by Adobe, including those |
| related to security and/or the restriction of distribution to end users |
| of the Sublicensee Product. |
| |
| 3. EULA and Distribution Terms. |
| |
| (a) Sublicensee shall ensure that the Adobe Software is distributed to |
| end users under an enforceable end user license agreement, in favor of |
| Sublicensee and its suppliers containing at least each of the following |
| minimum terms (the “End-User License”): (i) a prohibition against |
| distribution and copying, (ii) a prohibition against modifications and |
| derivative works, (iii) a prohibition against decompiling, reverse |
| engineering, disassembling, and otherwise reducing the Adobe Software |
| to a human-perceivable form, (iv) a provision indicating ownership of |
| Sublicensee Product (as defined in Section 8) by Sublicensee and its |
| licensors, (v) a disclaimer of indirect, special, incidental, punitive, |
| and consequential damages, and (vi) other industry standard disclaimers |
| and limitations, including, as applicable: a disclaimer of all |
| applicable statutory warranties, to the full extent allowed by law. |
| |
| (b) Sublicensee shall ensure that the Adobe Software is distributed to |
| Sublicensee’s distributors under an enforceable distribution license |
| agreement, in favor of Sublicensee and its suppliers containing terms |
| as protective of Adobe as the Adobe Terms. |
| |
| 4. Opensource. Sublicensee will not directly or indirectly grant, or |
| purport to grant, to any third party any rights or immunities under |
| Adobe’s intellectual property or proprietary rights that will subject |
| such intellectual property to an open source license or scheme in which |
| there is or could be interpreted to be a requirement that as a |
| condition of use, modification and/or distribution, the Adobe Software |
| be: (i) disclosed or distributed in source code form; (ii) licensed for |
| the purpose of making derivative works; or (iii) redistributable at no |
| charge. For clarification purposes, the foregoing restriction does not |
| preclude Sublicensee from distributing, and Sublicensee will distribute |
| the Adobe Software as bundled with the Google Software, without charge. |
| |
| 5. Additional Terms. With respect to any update, upgrade, new versions |
| of the Adobe Software (collectively “Upgrades”) provided to |
| Sublicenses, Adobe reserves the right to require additional terms and |
| conditions applicable solely to the Upgrade and future versions |
| thereof, and solely to the extent that such restrictions are imposed by |
| Adobe on all licensees of such Upgrade. If Sublicensee does not agree |
| to such additional terms or conditions, Sublicensee will have no |
| license rights with respect to such Upgrade, and Sublicensee’s license |
| rights with respect to the Adobe Software will terminate automatically |
| on the 90th day from the date such additional terms are made available |
| to Sublicensee. |
| |
| 6. Proprietary Rights Notices. Sublicensee shall not, and shall require |
| its distributors not to, delete or in any manner alter the copyright |
| notices, trademarks, logos or related notices, or other proprietary |
| rights notices of Adobe (and its licensors, if any) appearing on or |
| within the Adobe Software or accompanying materials. |
| |
| 7. Technical Requirements. Sublicensee and its distributors may only |
| distribute Adobe Software and/or Upgrade on devices that (i) meet the |
| technical specifications posted on |
| http://www.adobe.com/mobile/licensees, (or a successor web site |
| thereto), and (ii) has been verified by Adobe as set forth below. |
| |
| 8. Verification and Update. Sublicensee must submit to Adobe each |
| Sublicensee product (and each version thereof) containing the Adobe |
| Software and/or Upgrade (“Sublicensee Product”) that do not meet the |
| Device Verification exemption criteria to be communicated by Google, |
| for Adobe to verify. Sublicensee shall pay for each submission made by |
| Sublicensee by procuring verification packages at Adobe’s then-current |
| terms set forth at http://flashmobile.adobe.com/. Sublicensee Product |
| that has not passed verification may not be distributed. Verification |
| will be accomplished in accordance with Adobe’s then-current process |
| described at http://flashmobile.adobe.com/ (“Verification”). |
| |
| 9. Profiles and Device Central. Sublicensee will be prompted to enter |
| certain profile information about the Sublicensee Products either as |
| part of the Verification process or some other method, and Sublicensee |
| will provide such information, to Adobe. Adobe may (i) use such profile |
| information as reasonably necessary to verify the Sublicensee Product |
| (if such product is subject to Verification), and (ii) display such |
| profile information in “Adobe Device Intelligence system,” located at |
| https://devices.adobe.com/partnerportal/, and made available through |
| Adobe’s authoring and development tools and services to enable |
| developers and end users to see how content or applications are |
| displayed in Sublicensee Products (e.g. how video images appear in |
| certain phones). |
| |
| 10. Export. Sublicensee acknowledges that the laws and regulations of |
| the United States restrict the export and re-export of commodities and |
| technical data of United States origin, which may include the Adobe |
| Software. Sublicensee agrees that it will not export or re-export the |
| Adobe Software, without the appropriate United States and foreign |
| governmental clearances, if any. |
| |
| 11. Technology Pass-through Terms. |
| |
| (a) Except pursuant to applicable permissions or agreements therefor, |
| from or with the applicable parties, Sublicensees shall not use and |
| shall not allow the use of, the Adobe Software for the encoding or |
| decoding of mp3 audio only (.mp3) data on any non-pc device (e.g., |
| mobile phone or set-top box), nor may the mp3 encoders or decoders |
| contained in the Adobe Software be used or accessed by any product |
| other than the Adobe Software. The Adobe Software may be used for the |
| encoding or decoding of MP3 data contained within a swf or flv file, |
| which contains video, picture or other data. Sublicensee shall |
| acknowledge that use of the Adobe Software for non-PC devices, as |
| described in the prohibitions in this section, may require the payment |
| of licensing royalties or other amounts to third parties who may hold |
| intellectual property rights related to the MP3 technology and that |
| Adobe nor Sublicensee has not paid any royalties or other amounts on |
| account of third party intellectual property rights for such use. If |
| Sublicensee requires an MP3 encoder or decoder for such use, |
| Sublicensee is responsible for obtaining the necessary intellectual |
| property license, including any applicable patent rights. |
| |
| (b) Sublicensee will not use, copy, reproduce and modify (i) the On2 |
| source code (provided hereunder as a component of the Source Code) as |
| necessary to enable the Adobe Software to decode video in the Flash |
| video file format (.flv or .f4v), and (ii) the Sorenson Spark source |
| code (provided hereunder as a component of the Source Code) for the |
| limited purpose of making bug fixes and performance enhancements to the |
| Adobe Software. All codecs provided with the Adobe Software may only be |
| used and distributed as an integrated part of the Adobe Software and |
| may not be accessed by any other application, including other Google |
| applications. |
| |
| (c) The Source Code may be provided with an AAC codec and/or HE-AAC |
| codec (“the AAC Codec”). Use of the AAC Codec is conditioned on |
| Sublicensee obtaining a proper patent license covering necessary |
| patents as provided by VIA Licensing, for end products on or in which |
| the AAC Codec will be used. Sublicensee acknowledges and agrees that |
| Adobe is not providing a patent license for an AAC Codec under this |
| Agreement to Sublicensee or its sublicensees. |
| |
| (d) THE SOURCE CODE MAY CONTAIN CODE LICENSED UNDER THE AVC PATENT |
| PORTFOLIO LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO |
| (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") |
| AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN |
| A PERSONAL NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO |
| PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR WILL |
| BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED |
| FROM MPEG LA, L.L.C. See http://www.mpegla.com |
| |
| 12. Update. Sublicensee will not circumvent Google’s or Adobe’s efforts |
| to update the Adobe Software in all Sublicensee’s products |
| incorporating the Adobe Software as bundled with the Google Software |
| (“Sublicensee Products”). |
| |
| 13. Attribution and Proprietary Notices. Sublicensee will list the |
| Adobe Software in publicly available Sublicensee Product specifications |
| and include appropriate Adobe Software branding (specifically excluding |
| the Adobe corporate logo) on the Sublicensee Product packaging or |
| marketing materials in a manner consistent with branding of other third |
| party products contained within the Sublicensee Product. |
| |
| 14. No Warranty. THE ADOBE SOFTWARE IS MADE AVAILABLE TO SUBLICENSEE |
| FOR USE AND REPRODUCTION “AS IS” AND ADOBE MAKES NO WARRANTY AS TO ITS |
| USE OR PERFORMANCE. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT |
| THE PERFORMANCE OR RESULTS OBTAINED BY USING THE ADOBE SOFTWARE. EXCEPT |
| FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO |
| WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW |
| APPLICABLE TO SUBLICENSEEIN SUBLICENSEE’S JURISDICTION, ADOBE AND ITS |
| SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS |
| (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR |
| OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION |
| NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, |
| SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. |
| SUBLICENSEE AGREES THAT SUBLICENSEE SHALL NOT MAKE ANY WARRANTY, |
| EXPRESS OR IMPLIED, ON BEHALF OF ADOBE. |
| |
| 15. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE |
| LIABLE TO SUBLICENSEE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR |
| ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS |
| OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF |
| THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM |
| BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO |
| THE EXTENT PERMITTED BY APPLICABLE LAW IN SUBLICENSEE’S JURISDICTION. |
| ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN |
| CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE THOUSAND DOLLARS |
| (US$1,000). Nothing contained in this Agreement limits Adobe’s |
| liability to Sublicensee in the event of death or personal injury |
| resulting from Adobe’s negligence or for the tort of deceit (fraud). |
| Adobe is acting on behalf of its suppliers for the purpose of |
| disclaiming, excluding and/or limiting obligations, warranties and |
| liability as provided in this Agreement, but in no other respects and |
| for no other purpose. |
| |
| 16. Content Protection Terms |
| |
| (a) Definitions. |
| |
| “Compliance and Robustness Rules” means the document setting forth |
| compliance and robustness rules for the Adobe Software located at |
| http://www.adobe.com/mobile/licensees, or a successor web site thereto. |
| |
| “Content Protection Functions” means those aspects of the Adobe |
| Software that are designed to ensure compliance with the Compliance and |
| Robustness Rules, and to prevent playback, copying, modification, |
| redistribution or other actions with respect to digital content |
| distributed for consumption by users of the Adobe Software when such |
| actions are not authorized by the owners of such digital content or its |
| licensed distributors. |
| |
| “Content Protection Code” means code within certain designated versions |
| of the Adobe Software that enables certain Content Protection |
| Functions. |
| |
| “Key” means a cryptographic value contained in the Adobe Software for |
| use in decrypting digital content. |
| |
| (b) License Restrictions. Sublicensee’s right to exercise the licenses |
| with respect to the Adobe Software is subject to the following |
| additional restrictions and obligations. Sublicensee will ensure that |
| Sublicensee’s customers comply with these restrictions and obligations |
| to the same extent imposed on Sublicensee with respect to the Adobe |
| Software; any failure by Sublicensee’s customers to comply with these |
| additional restrictions and obligations shall be treated as a material |
| breach by Sublicensee. |
| |
| b.1. Sublicensee and customers may only distribute the Adobe Software |
| that meets the Robustness and Compliance Rules as so confirmed by |
| Sublicensee during the verification process described above in the |
| Adobe Terms. |
| |
| b.2. Sublicensee shall not (i) circumvent the Content Protection |
| Functions of either the Adobe Software or any related Adobe Software |
| that is used to encrypt or decrypt digital content for authorized |
| consumption by users of the Adobe Software, or (ii) develop or |
| distribute products that are designed to circumvent the Content |
| Protection Functions of either the Adobe Software or any Adobe Software |
| that is used to encrypt or decrypt digital content for authorized |
| consumption by users of the Adobe Software. |
| |
| (c) The Keys are hereby designated as Adobe’s Confidential Information, |
| and Sublicensee will, with respect to the Keys, adhere to Adobe’s |
| Source Code Handling Procedure (to be provided by Adobe upon request). |
| |
| (d) Injunctive Relief. Sublicensee agrees that a breach of this |
| Agreement may compromise the Content Protection Functions of the Adobe |
| Software and may cause unique and lasting harm to the interests of |
| Adobe and owners of digital content that rely on such Content |
| Protection Functions, and that monetary damages may be inadequate to |
| compensate fully for such harm. Therefore, Sublicensee further agrees |
| that Adobe may be entitled to seek injunctive relief to prevent or |
| limit the harm caused by any such breach, in addition to monetary |
| damages. |
| |
| 17. Intended Third-party Beneficiary. Adobe Systems Incorporated and |
| Adobe Software Ireland Limited are the intended third-party |
| beneficiaries of Google’s agreement with Sublicensee with respect to |
| the Adobe Software, including but not limited to, the Adobe Terms. |
| Sublicensee agrees, notwithstanding anything to the contrary in its |
| agreement with Google, that Google may disclose Sublicensee’s identity |
| to Adobe and certify in writing that Sublicensee has entered into a |
| license agreement with Google which includes the Adobe Terms. |
| Sublicensee must have an agreement with each of its licensees, and if |
| such licensees are allowed to redistribute the Adobe Software, such |
| agreement will include the Adobe Terms. |