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authorMike Gilbert <floppym@gentoo.org>2011-08-27 17:55:45 +0000
committerMike Gilbert <floppym@gentoo.org>2011-08-27 17:55:45 +0000
commit868d62f23ce6ac340d27929dd4a038a04a184971 (patch)
treee7e457ab56011866e6a4bc376bf2ffd729bc7969 /licenses
parentFix bug #380425. (diff)
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Add EULA for www-client/google-chrome
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+# 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.