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Sat Jan 17 14:53:06 2009 UTC (5 years, 8 months ago) by rich0
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Added android license for android sdk.

1 rich0 1.1 ANDROID SOFTWARE DEVELOPMENT KIT
2     LICENSE AGREEMENT
3    
4     1. Introduction
5    
6     1.1 The Android Software Development Kit (referred to in this License Agreement as the "SDK" and
7     specifically including the Android system files and packaged APIs) is licensed to you subject to the terms
8     of this License Agreement. This License Agreement forms a legally binding contract between you and
9     Google in relation to your use of the SDK.
10    
11     1.2 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600
12     Amphitheatre Parkway, Mountain View, CA 94043, United States.
13    
14     1.3 This version of the Android SDK is being offered to the developer community on an "Early Look" basis.
15     With the help and input of the developer community, Google will continue to add new functionality and
16     features to continually improve the SDK. Once the SDK reaches a more finished form, Google intends to
17     release most of the components under the Apache v2.0 open source license.
18    
19     2. Accepting this License Agreement
20    
21     2.1 In order to use the SDK, you must first agree to this License Agreement. You may not use the SDK if you
22     do not accept this License Agreement.
23    
24     2.2 You can accept this License Agreement by:
25    
26     (A) clicking to accept or agree to this License Agreement, where this option is made available to you;
27     or
28    
29     (B) by actually using the SDK. In this case, you agree that use of the SDK constitutes acceptance of
30     the Licensing Agreement from that point onwards.
31    
32     2.3 You may not use the SDK and may not accept the Licensing Agreement if you are a person barred from
33     receiving the SDK under the laws of the United States or other countries including the country in which
34     you are resident or from which you use the SDK.
35    
36     2.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or other entity, you
37     represent and warrant that you have full legal authority to bind your employer or such entity to this License
38     Agreement. If you do not have the requisite authority, you may not accept the Licensing Agreement or use
39     the SDK on behalf of your employer or other entity.
40    
41     3. SDK License from Google
42    
43     3.1 Subject to the terms of this License Agreement, Google grants you a limited, worldwide, royalty-free, non-
44     assignable and non-exclusive license to use the SDK solely to develop applications to run on the Android
45     platform.
46    
47     3.2 You agree that Google or third parties own all legal right, title and interest in and to the SDK, including any
48     Intellectual Property Rights that subsist in the SDK. "Intellectual Property Rights" means any and all rights
49     under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.
50     Google reserves all rights not expressly granted to you.
51    
52     3.3. Except to the extent required by applicable third party licenses, you may not copy (except for backup
53     purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works
54     of the SDK or any part of the SDK. Except to the extent required by applicable third party licenses, you
55     may not load any part of the SDK onto a mobile handset or any other hardware device except a personal
56     computer, combine any part of the SDK with other software, or distribute any software or device
57     incorporating a part of the SDK.
58    
59     3.4 Use, reproduction and distribution of components of the SDK licensed under an open source software
60     license are governed solely by the terms of that open source software license and not this License
61     Agreement.
62    
63     3.5 You agree that the form and nature of the SDK that Google provides may change without prior notice to
64     you and that future versions of the SDK may be incompatible with applications developed on previous
65     versions of the SDK. You agree that Google may stop (permanently or temporarily) providing the SDK (or
66     any features within the SDK) to you or to users generally at Google's sole discretion, without prior notice
67     to you.
68    
69     3.6 Nothing in this License Agreement gives you a right to use any of Google's trade names, trademarks,
70     service marks, logos, domain names, or other distinctive brand features.
71    
72     3.7 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright
73     and trademark notices) that may be affixed to or contained within the SDK.
74    
75     4. Use of the SDK by You
76    
77     4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under this License
78     Agreement in or to any software applications that you develop using the SDK, including any intellectual
79     property rights which subsist in those applications.
80    
81     4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) this License
82     Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the
83     relevant jurisdictions (including any laws regarding the export of data or software to and from the United
84     States or other relevant countries).
85    
86     4.3 You agree that if you use the SDK to develop applications for general public users, you will protect the
87     privacy and legal rights of those users. If the users provide you with user names, passwords, or other login
88     information or personal information, your must make the users aware that the information will be available
89     to your application, and you must provide legally adequate privacy notice and protection for those users. If
90     your application stores personal or sensitive information provided by users, it must do so securely. If the
91     user provides your application with Google Account information, your application may only use that
92     information to access the user's Google Account when, and for the limited purposes for which, the user has
93     given you permission to do so.
94    
95     4.4 You agree that you will not engage in any activity with the SDK, including the development or distribution
96     of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers,
97     networks, or other properties or services of any third party including, but not limited to, Google or any
98     mobile communications carrier.
99    
100     4.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third
101     party for) any data, content, or resources that you create, transmit or display through the Android platform
102     and/or applications for the Android platform, and for the consequences of your actions (including any loss
103     or damage which Google may suffer) by doing so.
104    
105     4.6 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third
106     party for) any breach of your obligations under this License Agreement, any applicable third party contract
107     or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or
108     damage which Google or any third party may suffer) of any such breach.
109    
110     5. Your Developer Credentials
111    
112     5.1 You agree that you are responsible for maintaining the confidentiality of any developer credentials that may
113     be issued to you by Google or which you may choose yourself and that you will be solely responsible for
114     all applications that are developed under your developer credentials.
115    
116     6. Privacy and Information
117    
118     6.1 In order to continually innovate and improve the SDK, Google may collect certain usage statistics from the
119     software including but not limited to a unique identifier, associated IP address, version number of the
120     software, and information on which tools and/or services in the SDK are being used and how they are being
121     used. Before any of this information is collected, the SDK will notify you and seek your consent. If you
122     withhold consent, the information will not be collected.
123    
124     6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in accordance with
125     Google's Privacy Policy.
126    
127     7. Third Party Applications for the Android Platform
128    
129     7.1 If you use the SDK to run applications developed by a third party or that access data, content or resources
130     provided by a third party, you agree that Google is not responsible for those applications, data, content, or
131     resources. You understand that all data, content or resources which you may access through such third
132     party applications are the sole responsibility of the person from which they originated and that Google is
133     not liable for any loss or damage that you may experience as a result of the use or access of any of those
134     third party applications, data, content, or resources.
135    
136     7.2 You should be aware the data, content, and resources presented to you through such a third party
137     application may be protected by intellectual property rights which are owned by the providers (or by other
138     persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create
139     derivative works based on these data, content, or resources (either in whole or in part) unless you have been
140     specifically given permission to do so by the relevant owners.
141    
142     7.3 You acknowledge that your use of such third party applications, data, content, or resources may be subject
143     to separate terms between you and the relevant third party. In that case, this License Agreement does not
144     affect your legal relationship with these third parties.
145    
146     8. Using Android APIs
147    
148     8.1 Android Maps API
149    
150     8.1.1 If you use the Android Maps API (described in the SDK by the Package name
151     "com.google.android.maps"), the terms of your binding legal agreement with Google include this
152     License Agreement, the Google Maps API Terms of Service and the Google Maps Terms of
153     Service. You must read and agree to those Terms of Service before you use the Android Maps
154     API.
155    
156     8.1.2 If you use the Android Maps API to retrieve map or satellite image data from Google, you must
157     include the following copyright notice in your application or service in a manner that is reasonably
158     available to users:
159    
160     "Copyright Notice: Data: (c)2007 TeleAtlas, AND, Europa Technologies,
161     Kingway, Map Data Sciences Pty Ltd, PSMA, ZENRIN, Geocentre,
162     MapLink/TeleAtlas; Imagery: (c)2007 DigitalGlobe, EarthSat, Sanborn,
163     NYGIS, Scankort, TerraMetrics, MassGIS Commonwealth of Massachusetts,
164     Digital Earth Technology."
165    
166     8.2 Google Data APIs
167    
168     8.2.1 If you use any API to retrieve data from Google, you acknowledge that the data may be protected
169     by intellectual property rights which are owned by those who provide that data (or by other
170     persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or
171     create derivative works based on this data (either in whole or in part) unless you have been
172     specifically given permission to do so by the owners of that data.
173    
174     8.2.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you
175     shall retrieve data only with the user's explicit consent and only when, and for the limited
176     purposes for which, the user has given you permission to do so.
177    
178     9. Terminating this License Agreement
179    
180     9.1 This License Agreement will continue to apply until terminated by either you or Google as set out below.
181    
182     9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of the SDK and any
183     relevant developer credentials.
184    
185     9.3 Google may at any time, terminate this License Agreement with you if:
186    
187     (A) you have breached any provision of this License Agreement; or
188    
189     (B) Google is required to do so by law; or
190    
191     (C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated
192     its relationship with Google or ceased to offer certain parts of the SDK to you; or
193    
194     (D) Google decides to no longer providing the SDK or certain parts of the SDK to users in the country
195     in which you are resident or from which you use the service, or the provision of the SDK or
196     certain SDK services to you by Google is, in Google's sole discretion, no longer commercially
197     viable.
198    
199     9.4 When this License Agreement comes to an end, all of the legal rights, obligations and liabilities that you
200     and Google have benefited from, been subject to (or which have accrued over time whilst this License
201     Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this
202     cessation, and the provisions of paragraph 14.7 shall continue to apply to such rights, obligations and
203     liabilities indefinitely.
204    
205     10. DISCLAIMER OF WARRANTIES
206    
207     10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR
208     SOLE RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
209     WARRANTY OF ANY KIND FROM GOOGLE.
210    
211     10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
212     THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE
213     SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
214     DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
215    
216     10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
217     KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
218     WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
219     PURPOSE AND NON-INFRINGEMENT.
220    
221     11. LIMITATION OF LIABILITY
222    
223     11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND
224     AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF
225     LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
226     EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF
227     DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR
228     SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
229    
230     12. Indemnification
231    
232     12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Google, its
233     affiliates and their respective directors, officers, employees and agents from and against any and all claims,
234     actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses
235     (including reasonable attorneys fees) arising out of or accruing from (a) your use of the SDK, (b) any
236     application you develop on the SDK that infringes any copyright, trademark, trade secret, trade dress,
237     patent or other intellectual property right of any person or defames any person or violates their rights of
238     publicity or privacy, and (c) any non-compliance by you with this License Agreement.
239    
240     13. Changes to the License Agreement
241    
242     13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK. When
243     these changes are made, Google will make a new version of the License Agreement available on the
244     website where the SDK is made available and with the SDK downloadable.
245    
246     13.2 You agree that your use of a specific version of the SDK is governed by the License Agreement included
247     with that version of the SDK.
248    
249     14. General Legal Terms
250    
251     14.1 This License Agreement constitute the whole legal agreement between you and Google and govern your
252     use of the SDK (excluding any services which Google may provide to you under a separate written
253     agreement), and completely replace any prior agreements between you and Google in relation to the SDK.
254    
255     14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in this
256     License Agreement (or which Google has the benefit of under any applicable law), this will not be taken to
257     be a formal waiver of Google's rights and that those rights or remedies will still be available to Google.
258    
259     14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this License
260     Agreement is invalid, then that provision will be removed from this License Agreement without affecting
261     the rest of this License Agreement. The remaining provisions of this License Agreement will continue to
262     be valid and enforceable.
263    
264     14.4 You acknowledge and agree that each member of the group of companies of which Google is the parent
265     shall be third party beneficiaries to this License Agreement and that such other companies shall be entitled
266     to directly enforce, and rely upon, any provision of this License Agreement that confers a benefit on (or
267     rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to
268     this License Agreement.
269    
270     14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND
271     REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT
272     LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE
273     RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
274    
275     14.6 The rights granted in this License Agreement may not be assigned or transferred by either you or Google
276     without the prior written approval of the other party. Neither you nor Google shall be permitted to delegate
277     their responsibilities or obligations under this License Agreement without the prior written approval of the
278     other party.
279    
280     14.7 This License Agreement, and your relationship with Google under this License Agreement, shall be
281     governed by the laws of the State of California without regard to its conflict of laws provisions. You and
282     Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara,
283     California to resolve any legal matter arising from this License Agreement. Notwithstanding this, you
284     agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent
285     legal relief) in any jurisdiction.
286    
287    
288     February 12, 2008

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