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268 lines
16 KiB
268 lines
16 KiB
ANDROID SOFTWARE DEVELOPMENT KIT
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Terms and Conditions
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This is the Android Software Development Kit License Agreement.
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1. Introduction
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1.1 The Android Software Development Kit (referred to in this License Agreement as the "SDK" and
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specifically including the Android system files, packaged APIs, and Google APIs add-ons) is
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licensed to you subject to the terms of this License Agreement. This License Agreement forms a
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legally binding contract between you and Google in relation to your use of the SDK.
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1.2 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600
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Amphitheatre Parkway, Mountain View, CA 94043, United States.
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2. Accepting this License Agreement
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2.1 In order to use the SDK, you must first agree to this License Agreement. You may not use the
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SDK if you do not accept this License Agreement.
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2.2 You can accept this License Agreement by:
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(A) clicking to accept or agree to this License Agreement, where this option is made available to
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you; or
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(B) by actually using the SDK. In this case, you agree that use of the SDK constitutes acceptance of
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the Licensing Agreement from that point onwards.
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2.3 You may not use the SDK and may not accept the Licensing Agreement if you are a person barred
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from receiving the SDK under the laws of the United States or other countries including the country
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in which you are resident or from which you use the SDK.
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2.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or other
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entity, you represent and warrant that you have full legal authority to bind your employer or such
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entity to this License Agreement. If you do not have the requisite authority, you may not accept
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the Licensing Agreement or use the SDK on behalf of your employer or other entity.
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3. SDK License from Google
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3.1 Subject to the terms of this License Agreement, Google grants you a limited, worldwide,
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royalty-free, non- assignable and non-exclusive license to use the SDK solely to develop
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applications to run on the Android platform.
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3.2 You agree that Google or third parties own all legal right, title and interest in and to the
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SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property
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Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law,
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and any and all other proprietary rights. Google reserves all rights not expressly granted to you.
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3.3 Except to the extent required by applicable third party licenses, you may not copy (except for
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backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create
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derivative works of the SDK or any part of the SDK. Except to the extent required by applicable
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third party licenses, you may not load any part of the SDK onto a mobile handset or any other
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hardware device except a personal computer, combine any part of the SDK with other software, or
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distribute any software or device incorporating a part of the SDK.
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3.4 Use, reproduction and distribution of components of the SDK licensed under an open source
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software license are governed solely by the terms of that open source software license and not
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this License Agreement.
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3.5 You agree that the form and nature of the SDK that Google provides may change without prior
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notice to you and that future versions of the SDK may be incompatible with applications developed
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on previous versions of the SDK. You agree that Google may stop (permanently or temporarily)
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providing the SDK (or any features within the SDK) to you or to users generally at Google's sole
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discretion, without prior notice to you.
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3.6 Nothing in this License Agreement gives you a right to use any of Google's trade names,
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trademarks, service marks, logos, domain names, or other distinctive brand features.
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3.7 You agree that you will not remove, obscure, or alter any proprietary rights notices (including
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copyright and trademark notices) that may be affixed to or contained within the SDK.
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4. Use of the SDK by You
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4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under
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this License Agreement in or to any software applications that you develop using the SDK, including
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any intellectual property rights that subsist in those applications.
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4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) this
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License Agreement and (b) any applicable law, regulation or generally accepted practices or
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guidelines in the relevant jurisdictions (including any laws regarding the export of data or
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software to and from the United States or other relevant countries).
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4.3 You agree that if you use the SDK to develop applications for general public users, you will
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protect the privacy and legal rights of those users. If the users provide you with user names,
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passwords, or other login information or personal information, your must make the users aware that
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the information will be available to your application, and you must provide legally adequate privacy
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notice and protection for those users. If your application stores personal or sensitive information
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provided by users, it must do so securely. If the user provides your application with Google Account
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information, your application may only use that information to access the user's Google Account
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when, and for the limited purposes for which, the user has given you permission to do so.
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4.4 You agree that you will not engage in any activity with the SDK, including the development or
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distribution of an application, that interferes with, disrupts, damages, or accesses in an
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unauthorized manner the servers, networks, or other properties or services of any third party
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including, but not limited to, Google or any mobile communications carrier.
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4.5 You agree that you are solely responsible for (and that Google has no responsibility to you or
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to any third party for) any data, content, or resources that you create, transmit or display through
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the Android platform and/or applications for the Android platform, and for the consequences of your
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actions (including any loss or damage which Google may suffer) by doing so.
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4.6 You agree that you are solely responsible for (and that Google has no responsibility to you or
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to any third party for) any breach of your obligations under this License Agreement, any applicable
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third party contract or Terms of Service, or any applicable law or regulation, and for the
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consequences (including any loss or damage which Google or any third party may suffer) of any such
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breach.
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5. Your Developer Credentials
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5.1 You agree that you are responsible for maintaining the confidentiality of any developer
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credentials that may be issued to you by Google or which you may choose yourself and that you will
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be solely responsible for all applications that are developed under your developer credentials.
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6. Privacy and Information
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6.1 In order to continually innovate and improve the SDK, Google may collect certain usage
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statistics from the software including but not limited to a unique identifier, associated IP
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address, version number of the software, and information on which tools and/or services in the SDK
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are being used and how they are being used. Before any of this information is collected, the SDK
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will notify you and seek your consent. If you withhold consent, the information will not be
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collected.
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6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in
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accordance with Google's Privacy Policy.
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7. Third Party Applications for the Android Platform
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7.1 If you use the SDK to run applications developed by a third party or that access data, content
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or resources provided by a third party, you agree that Google is not responsible for those
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applications, data, content, or resources. You understand that all data, content or resources which
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you may access through such third party applications are the sole responsibility of the person from
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which they originated and that Google is not liable for any loss or damage that you may experience
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as a result of the use or access of any of those third party applications, data, content, or
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resources.
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7.2 You should be aware the data, content, and resources presented to you through such a third party
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application may be protected by intellectual property rights which are owned by the providers (or by
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other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute
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or create derivative works based on these data, content, or resources (either in whole or in part)
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unless you have been specifically given permission to do so by the relevant owners.
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7.3 You acknowledge that your use of such third party applications, data, content, or resources may
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be subject to separate terms between you and the relevant third party. In that case, this License
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Agreement does not affect your legal relationship with these third parties.
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8. Using Android APIs
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8.1 Google Data APIs
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8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be
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protected by intellectual property rights which are owned by Google or those parties that provide
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the data (or by other persons or companies on their behalf). Your use of any such API may be subject
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to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create
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derivative works based on this data (either in whole or in part) unless allowed by the relevant
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Terms of Service.
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8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you
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shall retrieve data only with the user's explicit consent and only when, and for the limited
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purposes for which, the user has given you permission to do so.
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9. Terminating this License Agreement
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9.1 This License Agreement will continue to apply until terminated by either you or Google as set
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out below.
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9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of the SDK
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and any relevant developer credentials.
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9.3 Google may at any time, terminate this License Agreement with you if:
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(A) you have breached any provision of this License Agreement; or
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(B) Google is required to do so by law; or
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(C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated
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its relationship with Google or ceased to offer certain parts of the SDK to you; or
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(D) Google decides to no longer providing the SDK or certain parts of the SDK to users in the
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country in which you are resident or from which you use the service, or the provision of the SDK or
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certain SDK services to you by Google is, in Google's sole discretion, no longer commercially
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viable.
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9.4 When this License Agreement comes to an end, all of the legal rights, obligations and
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liabilities that you and Google have benefited from, been subject to (or which have accrued over
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time whilst this License Agreement has been in force) or which are expressed to continue
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indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall
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continue to apply to such rights, obligations and liabilities indefinitely.
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10. DISCLAIMER OF WARRANTIES
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10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT THE
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SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE.
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10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
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SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
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COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
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10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS
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OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
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FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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11. LIMITATION OF LIABILITY
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11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
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LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT,
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INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY
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LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN
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AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
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12. Indemnification
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12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless
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Google, its affiliates and their respective directors, officers, employees and agents from and
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against any and all claims, actions, suits or proceedings, as well as any and all losses,
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liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or
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accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any
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copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any
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person or defames any person or violates their rights of publicity or privacy, and (c) any
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non-compliance by you with this License Agreement.
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13. Changes to the License Agreement
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13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK.
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When these changes are made, Google will make a new version of the License Agreement available on
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the website where the SDK is made available.
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14. General Legal Terms
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14.1 This License Agreement constitute the whole legal agreement between you and Google and govern
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your use of the SDK (excluding any services which Google may provide to you under a separate written
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agreement), and completely replace any prior agreements between you and Google in relation to the
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SDK.
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14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is
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contained in this License Agreement (or which Google has the benefit of under any applicable law),
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this will not be taken to be a formal waiver of Google's rights and that those rights or remedies
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will still be available to Google.
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14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision
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of this License Agreement is invalid, then that provision will be removed from this License
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Agreement without affecting the rest of this License Agreement. The remaining provisions of this
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License Agreement will continue to be valid and enforceable.
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14.4 You acknowledge and agree that each member of the group of companies of which Google is the
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parent shall be third party beneficiaries to this License Agreement and that such other companies
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shall be entitled to directly enforce, and rely upon, any provision of this License Agreement that
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confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall
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be third party beneficiaries to this License Agreement.
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14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST
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COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE
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LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
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14.6 The rights granted in this License Agreement may not be assigned or transferred by either you
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or Google without the prior written approval of the other party. Neither you nor Google shall be
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permitted to delegate their responsibilities or obligations under this License Agreement without the
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prior written approval of the other party.
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14.7 This License Agreement, and your relationship with Google under this License Agreement, shall
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be governed by the laws of the State of California without regard to its conflict of laws
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provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located
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within the county of Santa Clara, California to resolve any legal matter arising from this License
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Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for
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injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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April 10, 2009
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