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Add EULA for www-client/google-chrome

1 # lynx -dump http://www.google.com/chrome/intl/en/eula_text.html
2
3 Google Chrome Terms of Service
4
5 These Terms of Service apply to the executable code version of Google
6 Chrome. Source code for Google Chrome is available free of charge under
7 open source software license agreements at
8 http://code.google.com/chromium/terms.html.
9
10 1. Your relationship with Google
11
12 1.1 Your use of Google’s products, software, services and web sites
13 (referred to collectively as the “Services” in this document and
14 excluding any services provided to you by Google under a separate
15 written agreement) is subject to the terms of a legal agreement between
16 you and Google. “Google” means Google Inc., whose principal place of
17 business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043,
18 United States. This document explains how the agreement is made up, and
19 sets out some of the terms of that agreement.
20
21 1.2 Unless otherwise agreed in writing with Google, your agreement with
22 Google will always include, at a minimum, the terms and conditions set
23 out in this document. These are referred to below as the “Universal
24 Terms”. Open source software licenses for Google Chrome source code
25 constitute separate written agreements. To the limited extent that the
26 open source software licenses expressly supersede these Universal
27 Terms, the open source licenses govern your agreement with Google for
28 the use of Google Chrome or specific included components of Google
29 Chrome.
30
31 1.3 Your agreement with Google will also include the terms set forth
32 below in the Google Chrome Additional Terms of Service and terms of any
33 Legal Notices applicable to the Services, in addition to the Universal
34 Terms. All of these are referred to below as the “Additional Terms”.
35 Where Additional Terms apply to a Service, these will be accessible for
36 you to read either within, or through your use of, that Service.
37
38 1.4 The Universal Terms, together with the Additional Terms, form a
39 legally binding agreement between you and Google in relation to your
40 use of the Services. It is important that you take the time to read
41 them carefully. Collectively, this legal agreement is referred to below
42 as the “Terms”.
43
44 1.5 If there is any contradiction between what the Additional Terms say
45 and what the Universal Terms say, then the Additional Terms shall take
46 precedence in relation to that Service.
47
48 2. Accepting the Terms
49
50 2.1 In order to use the Services, you must first agree to the Terms.
51 You may not use the Services if you do not accept the Terms.
52
53 2.2 You can accept the Terms by:
54
55 (A) clicking to accept or agree to the Terms, where this option is made
56 available to you by Google in the user interface for any Service; or
57
58 (B) by actually using the Services. In this case, you understand and
59 agree that Google will treat your use of the Services as acceptance of
60 the Terms from that point onwards.
61
62 3. Language of the Terms
63
64 3.1 Where Google has provided you with a translation of the English
65 language version of the Terms, then you agree that the translation is
66 provided for your convenience only and that the English language
67 versions of the Terms will govern your relationship with Google.
68
69 3.2 If there is any contradiction between what the English language
70 version of the Terms says and what a translation says, then the English
71 language version shall take precedence.
72
73 4. Provision of the Services by Google
74
75 4.1 Google has subsidiaries and affiliated legal entities around the
76 world (“Subsidiaries and Affiliates”). Sometimes, these companies will
77 be providing the Services to you on behalf of Google itself. You
78 acknowledge and agree that Subsidiaries and Affiliates will be entitled
79 to provide the Services to you.
80
81 4.2 Google is constantly innovating in order to provide the best
82 possible experience for its users. You acknowledge and agree that the
83 form and nature of the Services which Google provides may change from
84 time to time without prior notice to you.
85
86 4.3 As part of this continuing innovation, you acknowledge and agree
87 that Google may stop (permanently or temporarily) providing the
88 Services (or any features within the Services) to you or to users
89 generally at Google’s sole discretion, without prior notice to you. You
90 may stop using the Services at any time. You do not need to
91 specifically inform Google when you stop using the Services.
92
93 4.4 You acknowledge and agree that if Google disables access to your
94 account, you may be prevented from accessing the Services, your account
95 details or any files or other content which is contained in your
96 account.
97
98 5. Use of the Services by you
99
100 5.1 You agree to use the Services only for purposes that are permitted
101 by (a) the Terms and (b) any applicable law, regulation or generally
102 accepted practices or guidelines in the relevant jurisdictions
103 (including any laws regarding the export of data or software to and
104 from the United States or other relevant countries).
105
106 5.2 You agree that you will not engage in any activity that interferes
107 with or disrupts the Services (or the servers and networks which are
108 connected to the Services).
109
110 5.3 Unless you have been specifically permitted to do so in a separate
111 agreement with Google, you agree that you will not reproduce,
112 duplicate, copy, sell, trade or resell the Services for any purpose.
113
114 5.4 You agree that you are solely responsible for (and that Google has
115 no responsibility to you or to any third party for) any breach of your
116 obligations under the Terms and for the consequences (including any
117 loss or damage which Google may suffer) of any such breach.
118
119 6. Privacy and your personal information
120
121 6.1 For information about Google’s data protection practices, please
122 read Google’s privacy policy at http://www.google.com/privacy.html and
123 at http://www.google.com/chrome/intl/en/privacy.html. This policy
124 explains how Google treats your personal information, and protects your
125 privacy, when you use the Services.
126
127 6.2 You agree to the use of your data in accordance with Google’s
128 privacy policies.
129
130 7. Content in the Services
131
132 7.1 You understand that all information (such as data files, written
133 text, computer software, music, audio files or other sounds,
134 photographs, videos or other images) which you may have access to as
135 part of, or through your use of, the Services are the sole
136 responsibility of the person from which such content originated. All
137 such information is referred to below as the “Content.”
138
139 7.2 You should be aware that Content presented to you as part of the
140 Services, including but not limited to advertisements in the Services
141 and sponsored Content within the Services may be protected by
142 intellectual property rights which are owned by the sponsors or
143 advertisers who provide that Content to Google (or by other persons or
144 companies on their behalf). You may not modify, rent, lease, loan,
145 sell, distribute or create derivative works based on this Content
146 (either in whole or in part) unless you have been specifically told
147 that you may do so by Google or by the owners of that Content, in a
148 separate agreement.
149
150 7.3 Google reserves the right (but shall have no obligation) to
151 pre-screen, review, flag, filter, modify, refuse or remove any or all
152 Content from any Service. For some of the Services, Google may provide
153 tools to filter out explicit sexual content. These tools include the
154 SafeSearch preference settings (see
155 http://www.google.com/help/customize.html#safe). In addition, there are
156 commercially available services and software to limit access to
157 material that you may find objectionable.
158
159 7.4 You understand that by using the Services you may be exposed to
160 Content that you may find offensive, indecent or objectionable and
161 that, in this respect, you use the Services at your own risk.
162
163 7.5 You agree that you are solely responsible for (and that Google has
164 no responsibility to you or to any third party for) any Content that
165 you create, transmit or display while using the Services and for the
166 consequences of your actions (including any loss or damage which Google
167 may suffer) by doing so.
168
169 8. Proprietary rights
170
171 8.1 You acknowledge and agree that Google (or Google’s licensors) own
172 all legal right, title and interest in and to the Services, including
173 any intellectual property rights which subsist in the Services (whether
174 those rights happen to be registered or not, and wherever in the world
175 those rights may exist).
176
177 8.2 Unless you have agreed otherwise in writing with Google, nothing in
178 the Terms gives you a right to use any of Google’s trade names, trade
179 marks, service marks, logos, domain names, and other distinctive brand
180 features.
181
182 8.3 If you have been given an explicit right to use any of these brand
183 features in a separate written agreement with Google, then you agree
184 that your use of such features shall be in compliance with that
185 agreement, any applicable provisions of the Terms, and Google's brand
186 feature use guidelines as updated from time to time. These guidelines
187 can be viewed online at
188 http://www.google.com/permissions/guidelines.html (or such other URL as
189 Google may provide for this purpose from time to time).
190
191 8.4 Google acknowledges and agrees that it obtains no right, title or
192 interest from you (or your licensors) under these Terms in or to any
193 Content that you submit, post, transmit or display on, or through, the
194 Services, including any intellectual property rights which subsist in
195 that Content (whether those rights happen to be registered or not, and
196 wherever in the world those rights may exist). Unless you have agreed
197 otherwise in writing with Google, you agree that you are responsible
198 for protecting and enforcing those rights and that Google has no
199 obligation to do so on your behalf.
200
201 8.5 You agree that you shall not remove, obscure, or alter any
202 proprietary rights notices (including copyright and trade mark notices)
203 which may be affixed to or contained within the Services.
204
205 8.6 Unless you have been expressly authorized to do so in writing by
206 Google, you agree that in using the Services, you will not use any
207 trade mark, service mark, trade name, logo of any company or
208 organization in a way that is likely or intended to cause confusion
209 about the owner or authorized user of such marks, names or logos.
210
211 9. License from Google
212
213 9.1 Google gives you a personal, worldwide, royalty-free,
214 non-assignable and non-exclusive license to use the software provided
215 to you by Google as part of the Services as provided to you by Google
216 (referred to as the “Software” below). This license is for the sole
217 purpose of enabling you to use and enjoy the benefit of the Services as
218 provided by Google, in the manner permitted by the Terms.
219
220 9.2 Subject to section 1.2, you may not (and you may not permit anyone
221 else to) copy, modify, create a derivative work of, reverse engineer,
222 decompile or otherwise attempt to extract the source code of the
223 Software or any part thereof, unless this is expressly permitted or
224 required by law, or unless you have been specifically told that you may
225 do so by Google, in writing.
226
227 9.3 Subject to section 1.2, unless Google has given you specific
228 written permission to do so, you may not assign (or grant a sub-license
229 of) your rights to use the Software, grant a security interest in or
230 over your rights to use the Software, or otherwise transfer any part of
231 your rights to use the Software.
232
233 10. Content license from you
234
235 10.1 You retain copyright and any other rights you already hold in
236 Content which you submit, post or display on or through, the Services.
237
238 11. Software updates
239
240 11.1 The Software which you use may automatically download and install
241 updates from time to time from Google. These updates are designed to
242 improve, enhance and further develop the Services and may take the form
243 of bug fixes, enhanced functions, new software modules and completely
244 new versions. You agree to receive such updates (and permit Google to
245 deliver these to you) as part of your use of the Services.
246
247 12. Ending your relationship with Google
248
249 12.1 The Terms will continue to apply until terminated by either you or
250 Google as set out below.
251
252 12.2 Google may at any time, terminate its legal agreement with you if:
253
254 (A) you have breached any provision of the Terms (or have acted in
255 manner which clearly shows that you do not intend to, or are unable to
256 comply with the provisions of the Terms); or
257
258 (B) Google is required to do so by law (for example, where the
259 provision of the Services to you is, or becomes, unlawful); or
260
261 (C) the partner with whom Google offered the Services to you has
262 terminated its relationship with Google or ceased to offer the Services
263 to you; or
264
265 (D) Google is transitioning to no longer providing the Services to
266 users in the country in which you are resident or from which you use
267 the service; or
268
269 (E) the provision of the Services to you by Google is, in Google’s
270 opinion, no longer commercially viable.
271
272 12.3 Nothing in this Section shall affect Google’s rights regarding
273 provision of Services under Section 4 of the Terms.
274
275 12.4 When these Terms come to an end, all of the legal rights,
276 obligations and liabilities that you and Google have benefited from,
277 been subject to (or which have accrued over time whilst the Terms have
278 been in force) or which are expressed to continue indefinitely, shall
279 be unaffected by this cessation, and the provisions of paragraph 19.7
280 shall continue to apply to such rights, obligations and liabilities
281 indefinitely.
282
283 13. EXCLUSION OF WARRANTIES
284
285 13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL
286 EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY
287 NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME
288 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
289 CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR
290 DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED
291 TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE
292 LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND
293 OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
294
295 13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES
296 IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS
297 AVAILABLE.”
298
299 13.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
300 LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
301
302 (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
303
304 (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
305 FREE FROM ERROR,
306
307 (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
308 SERVICES WILL BE ACCURATE OR RELIABLE, AND
309
310 (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
311 PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
312
313 13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
314 THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
315 BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
316 DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
317 MATERIAL.
318
319 13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
320 FROM GOOGLE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY
321 NOT EXPRESSLY STATED IN THE TERMS.
322
323 13.6 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS
324 OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
325 THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
326 PARTICULAR PURPOSE AND NON-INFRINGEMENT.
327
328 14. LIMITATION OF LIABILITY
329
330 14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU
331 EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND
332 AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
333
334 (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
335 EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND
336 UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED
337 TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY
338 LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED,
339 COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
340 INTANGIBLE LOSS;
341
342 (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT
343 LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
344
345 (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR
346 EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR
347 TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING
348 APPEARS ON THE SERVICES;
349
350 (II) ANY CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICES, OR FOR ANY
351 PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR
352 ANY FEATURES WITHIN THE SERVICES);
353
354 (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT
355 AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH
356 YOUR USE OF THE SERVICES;
357
358 (IV) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION;
359
360 (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
361 CONFIDENTIAL;
362
363 14.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 14.1
364 ABOVE SHALL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD
365 HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
366
367 15. Copyright and trade mark policies
368
369 15.1 It is Google’s policy to respond to notices of alleged copyright
370 infringement that comply with applicable international intellectual
371 property law (including, in the United States, the Digital Millennium
372 Copyright Act) and to terminating the accounts of repeat infringers.
373 Details of Google’s policy can be found at
374 http://www.google.com/dmca.html.
375
376 15.2 Google operates a trade mark complaints procedure in respect of
377 Google’s advertising business, details of which can be found at
378 http://www.google.com/tm_complaint.html.
379
380 16. Advertisements
381
382 16.1 Some of the Services are supported by advertising revenue and may
383 display advertisements and promotions. These advertisements may be
384 targeted to the content of information stored on the Services, queries
385 made through the Services or other information.
386
387 16.2 The manner, mode and extent of advertising by Google on the
388 Services are subject to change without specific notice to you.
389
390 16.3 In consideration for Google granting you access to and use of the
391 Services, you agree that Google may place such advertising on the
392 Services.
393
394 17. Other content
395
396 17.1 The Services may include hyperlinks to other web sites or content
397 or resources. Google may have no control over any web sites or
398 resources which are provided by companies or persons other than Google.
399
400 17.2 You acknowledge and agree that Google is not responsible for the
401 availability of any such external sites or resources, and does not
402 endorse any advertising, products or other materials on or available
403 from such web sites or resources.
404
405 17.3 You acknowledge and agree that Google is not liable for any loss
406 or damage which may be incurred by you as a result of the availability
407 of those external sites or resources, or as a result of any reliance
408 placed by you on the completeness, accuracy or existence of any
409 advertising, products or other materials on, or available from, such
410 web sites or resources.
411
412 18. Changes to the Terms
413
414 18.1 Google may make changes to the Universal Terms or Additional Terms
415 from time to time. When these changes are made, Google will make a new
416 copy of the Universal Terms available at
417 http://www.google.com/chrome/intl/en/eula_text.html and any new
418 Additional Terms will be made available to you from within, or through,
419 the affected Services.
420
421 18.2 You understand and agree that if you use the Services after the
422 date on which the Universal Terms or Additional Terms have changed,
423 Google will treat your use as acceptance of the updated Universal Terms
424 or Additional Terms.
425
426 19. General legal terms
427
428 19.1 Sometimes when you use the Services, you may (as a result of, or
429 in connection with your use of the Services) use a service or download
430 a piece of software, or purchase goods, which are provided by another
431 person or company. Your use of these other services, software or goods
432 may be subject to separate terms between you and the company or person
433 concerned. If so, the Terms do not affect your legal relationship with
434 these other companies or individuals.
435
436 19.2 The Terms constitute the whole legal agreement between you and
437 Google and govern your use of the Services (but excluding any services
438 which Google may provide to you under a separate written agreement),
439 and completely replace any prior agreements between you and Google in
440 relation to the Services.
441
442 19.3 You agree that Google may provide you with notices, including
443 those regarding changes to the Terms, by email, regular mail, or
444 postings on the Services.
445
446 19.4 You agree that if Google does not exercise or enforce any legal
447 right or remedy which is contained in the Terms (or which Google has
448 the benefit of under any applicable law), this will not be taken to be
449 a formal waiver of Google’s rights and that those rights or remedies
450 will still be available to Google.
451
452 19.5 If any court of law, having the jurisdiction to decide on this
453 matter, rules that any provision of these Terms is invalid, then that
454 provision will be removed from the Terms without affecting the rest of
455 the Terms. The remaining provisions of the Terms will continue to be
456 valid and enforceable.
457
458 19.6 You acknowledge and agree that each member of the group of
459 companies of which Google is the parent shall be third party
460 beneficiaries to the Terms and that such other companies shall be
461 entitled to directly enforce, and rely upon, any provision of the Terms
462 which confers a benefit on (or rights in favor of) them. Other than
463 this, no other person or company shall be third party beneficiaries to
464 the Terms.
465
466 19.7 The Terms, and your relationship with Google under the Terms,
467 shall be governed by the laws of the State of California without regard
468 to its conflict of laws provisions. You and Google agree to submit to
469 the exclusive jurisdiction of the courts located within the county of
470 Santa Clara, California to resolve any legal matter arising from the
471 Terms. Notwithstanding this, you agree that Google shall still be
472 allowed to apply for injunctive remedies (or an equivalent type of
473 urgent legal relief) in any jurisdiction.
474
475 20. Additional Terms for Extensions for Google Chrome
476
477 20.1 These terms in this section apply if you install extensions on
478 your copy of Google Chrome. Extensions are small software programs,
479 developed by Google or third parties, that can modify and enhance the
480 functionality of Google Chrome. Extensions may have greater privileges
481 to access your browser or your computer than regular webpages,
482 including the ability to read and modify your private data.
483
484 20.2 From time to time, Google Chrome may check with remote servers
485 (hosted by Google or by third parties) for available updates to
486 extensions, including but not limited to bug fixes or enhanced
487 functionality. You agree that such updates will be automatically
488 requested, downloaded, and installed without further notice to you.
489
490 20.3 From time to time, Google may discover an extension that violates
491 Google developer terms or other legal agreements, laws, regulations or
492 policies. Google Chrome will periodically download a list of such
493 extensions from Google’s servers. You agree that Google may remotely
494 disable or remove any such extension from user systems in its sole
495 discretion.
496
497 21. Additional Terms for Enterprise Use
498
499 21.1 If you are a business entity, then the individual accepting on
500 behalf of the entity (for the avoidance of doubt, for business
501 entities, in these Terms, "you" means the entity) represents and
502 warrants that he or she has the authority to act on your behalf, that
503 you represent that you are duly authorized to do business in the
504 country or countries where you operate, and that your employees,
505 officers, representatives, and other agents accessing the Service are
506 duly authorized to access Google Chrome and to legally bind you to
507 these Terms.
508
509 21.2 Subject to the Terms, and in addition to the license grant in
510 Section 9, Google grants you a non-exclusive, non-transferable license
511 to reproduce, distribute, install, and use Google Chrome solely on
512 machines intended for use by your employees, officers, representatives,
513 and agents in connection with your business entity, and provided that
514 their use of Google Chrome will be subject to the Terms.
515
516 August 12, 2010
517 __________________________________________________________________
518
519 Google Chrome Additional Terms of Service
520
521 MPEGLA
522
523 THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE
524 PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN
525 COMPLIANCE WITH THE AVC STANDARD ( “AVC VIDEO”) AND/OR (ii) DECODE AVC
526 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND
527 NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PARTNER
528 LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE
529 IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM
530 MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.
531
532 Adobe
533
534 Google Chrome may include one or more components provided by Adobe
535 Systems Incorporated and Adobe Software Ireland Limited (collectively
536 “Adobe”). Your use of the Adobe software as provided by Google (“Adobe
537 Software”) is subject to the following additional terms (the “Adobe
538 Terms”). You, the entity receiving the Adobe Software, will be
539 hereinafter referred to as “Sublicensee.”
540
541 1. License Restrictions.
542
543 (a) Flash Player, Version 10.x is designed only as a browser plug-in.
544 Sublicensee may not modify or distribute this Adobe Software for use as
545 anything but a browser plug-in for playing back content on a web page.
546 For example, Sublicensee will not modify this Adobe Software in order
547 to allow interoperation with applications that run outside of the
548 browser (e.g., standalone applications, widgets, device UI).
549
550 (b) Sublicensee will not expose any APIs of the Flash Player, Version
551 10.x through a browser plug-in interface in such a way that allows such
552 extension to be used to playback content from a web page as a
553 stand-alone application.
554
555 (c) The Chrome-Reader Software may not be used to render any PDF or
556 EPUB documents that utilize digital rights management protocols or
557 systems other than Adobe DRM.
558
559 (d) Adobe DRM must be enabled in the Chrome-Reader Software for all
560 Adobe DRM protected PDF and EPUB documents.
561
562 (e) The Chrome-Reader Software may not, other than as explicitly
563 permitted by the technical specifications, disable any capabilities
564 provided by Adobe in the Adobe Software, including but not limited to,
565 support for PDF and EPUB formats and Adobe DRM.
566
567 2. Electronic Transmission. Sublicensee may allow the download of the
568 Adobe Software from a web site, the Internet, an intranet, or similar
569 technology (an, “Electronic Transmissions”) provided that Sublicensee
570 agrees that any distributions of the Adobe Software by Sublicensee,
571 including those on CD-ROM, DVD-ROM or other storage media and
572 Electronic Transmissions, if expressly permitted, shall be subject to
573 reasonable security measures to prevent unauthorized use. With relation
574 to Electronic Transmissions approved hereunder, Sublicensee agrees to
575 employ any reasonable use restrictions set by Adobe, including those
576 related to security and/or the restriction of distribution to end users
577 of the Sublicensee Product.
578
579 3. EULA and Distribution Terms.
580
581 (a) Sublicensee shall ensure that the Adobe Software is distributed to
582 end users under an enforceable end user license agreement, in favor of
583 Sublicensee and its suppliers containing at least each of the following
584 minimum terms (the “End-User License”): (i) a prohibition against
585 distribution and copying, (ii) a prohibition against modifications and
586 derivative works, (iii) a prohibition against decompiling, reverse
587 engineering, disassembling, and otherwise reducing the Adobe Software
588 to a human-perceivable form, (iv) a provision indicating ownership of
589 Sublicensee Product (as defined in Section 8) by Sublicensee and its
590 licensors, (v) a disclaimer of indirect, special, incidental, punitive,
591 and consequential damages, and (vi) other industry standard disclaimers
592 and limitations, including, as applicable: a disclaimer of all
593 applicable statutory warranties, to the full extent allowed by law.
594
595 (b) Sublicensee shall ensure that the Adobe Software is distributed to
596 Sublicensee’s distributors under an enforceable distribution license
597 agreement, in favor of Sublicensee and its suppliers containing terms
598 as protective of Adobe as the Adobe Terms.
599
600 4. Opensource. Sublicensee will not directly or indirectly grant, or
601 purport to grant, to any third party any rights or immunities under
602 Adobe’s intellectual property or proprietary rights that will subject
603 such intellectual property to an open source license or scheme in which
604 there is or could be interpreted to be a requirement that as a
605 condition of use, modification and/or distribution, the Adobe Software
606 be: (i) disclosed or distributed in source code form; (ii) licensed for
607 the purpose of making derivative works; or (iii) redistributable at no
608 charge. For clarification purposes, the foregoing restriction does not
609 preclude Sublicensee from distributing, and Sublicensee will distribute
610 the Adobe Software as bundled with the Google Software, without charge.
611
612 5. Additional Terms. With respect to any update, upgrade, new versions
613 of the Adobe Software (collectively “Upgrades”) provided to
614 Sublicenses, Adobe reserves the right to require additional terms and
615 conditions applicable solely to the Upgrade and future versions
616 thereof, and solely to the extent that such restrictions are imposed by
617 Adobe on all licensees of such Upgrade. If Sublicensee does not agree
618 to such additional terms or conditions, Sublicensee will have no
619 license rights with respect to such Upgrade, and Sublicensee’s license
620 rights with respect to the Adobe Software will terminate automatically
621 on the 90th day from the date such additional terms are made available
622 to Sublicensee.
623
624 6. Proprietary Rights Notices. Sublicensee shall not, and shall require
625 its distributors not to, delete or in any manner alter the copyright
626 notices, trademarks, logos or related notices, or other proprietary
627 rights notices of Adobe (and its licensors, if any) appearing on or
628 within the Adobe Software or accompanying materials.
629
630 7. Technical Requirements. Sublicensee and its distributors may only
631 distribute Adobe Software and/or Upgrade on devices that (i) meet the
632 technical specifications posted on
633 http://www.adobe.com/mobile/licensees, (or a successor web site
634 thereto), and (ii) has been verified by Adobe as set forth below.
635
636 8. Verification and Update. Sublicensee must submit to Adobe each
637 Sublicensee product (and each version thereof) containing the Adobe
638 Software and/or Upgrade (“Sublicensee Product”) that do not meet the
639 Device Verification exemption criteria to be communicated by Google,
640 for Adobe to verify. Sublicensee shall pay for each submission made by
641 Sublicensee by procuring verification packages at Adobe’s then-current
642 terms set forth at http://flashmobile.adobe.com/. Sublicensee Product
643 that has not passed verification may not be distributed. Verification
644 will be accomplished in accordance with Adobe’s then-current process
645 described at http://flashmobile.adobe.com/ (“Verification”).
646
647 9. Profiles and Device Central. Sublicensee will be prompted to enter
648 certain profile information about the Sublicensee Products either as
649 part of the Verification process or some other method, and Sublicensee
650 will provide such information, to Adobe. Adobe may (i) use such profile
651 information as reasonably necessary to verify the Sublicensee Product
652 (if such product is subject to Verification), and (ii) display such
653 profile information in “Adobe Device Intelligence system,” located at
654 https://devices.adobe.com/partnerportal/, and made available through
655 Adobe’s authoring and development tools and services to enable
656 developers and end users to see how content or applications are
657 displayed in Sublicensee Products (e.g. how video images appear in
658 certain phones).
659
660 10. Export. Sublicensee acknowledges that the laws and regulations of
661 the United States restrict the export and re-export of commodities and
662 technical data of United States origin, which may include the Adobe
663 Software. Sublicensee agrees that it will not export or re-export the
664 Adobe Software, without the appropriate United States and foreign
665 governmental clearances, if any.
666
667 11. Technology Pass-through Terms.
668
669 (a) Except pursuant to applicable permissions or agreements therefor,
670 from or with the applicable parties, Sublicensees shall not use and
671 shall not allow the use of, the Adobe Software for the encoding or
672 decoding of mp3 audio only (.mp3) data on any non-pc device (e.g.,
673 mobile phone or set-top box), nor may the mp3 encoders or decoders
674 contained in the Adobe Software be used or accessed by any product
675 other than the Adobe Software. The Adobe Software may be used for the
676 encoding or decoding of MP3 data contained within a swf or flv file,
677 which contains video, picture or other data. Sublicensee shall
678 acknowledge that use of the Adobe Software for non-PC devices, as
679 described in the prohibitions in this section, may require the payment
680 of licensing royalties or other amounts to third parties who may hold
681 intellectual property rights related to the MP3 technology and that
682 Adobe nor Sublicensee has not paid any royalties or other amounts on
683 account of third party intellectual property rights for such use. If
684 Sublicensee requires an MP3 encoder or decoder for such use,
685 Sublicensee is responsible for obtaining the necessary intellectual
686 property license, including any applicable patent rights.
687
688 (b) Sublicensee will not use, copy, reproduce and modify (i) the On2
689 source code (provided hereunder as a component of the Source Code) as
690 necessary to enable the Adobe Software to decode video in the Flash
691 video file format (.flv or .f4v), and (ii) the Sorenson Spark source
692 code (provided hereunder as a component of the Source Code) for the
693 limited purpose of making bug fixes and performance enhancements to the
694 Adobe Software. All codecs provided with the Adobe Software may only be
695 used and distributed as an integrated part of the Adobe Software and
696 may not be accessed by any other application, including other Google
697 applications.
698
699 (c) The Source Code may be provided with an AAC codec and/or HE-AAC
700 codec (“the AAC Codec”). Use of the AAC Codec is conditioned on
701 Sublicensee obtaining a proper patent license covering necessary
702 patents as provided by VIA Licensing, for end products on or in which
703 the AAC Codec will be used. Sublicensee acknowledges and agrees that
704 Adobe is not providing a patent license for an AAC Codec under this
705 Agreement to Sublicensee or its sublicensees.
706
707 (d) THE SOURCE CODE MAY CONTAIN CODE LICENSED UNDER THE AVC PATENT
708 PORTFOLIO LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO
709 (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO")
710 AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN
711 A PERSONAL NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO
712 PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR WILL
713 BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED
714 FROM MPEG LA, L.L.C. See http://www.mpegla.com
715
716 12. Update. Sublicensee will not circumvent Google’s or Adobe’s efforts
717 to update the Adobe Software in all Sublicensee’s products
718 incorporating the Adobe Software as bundled with the Google Software
719 (“Sublicensee Products”).
720
721 13. Attribution and Proprietary Notices. Sublicensee will list the
722 Adobe Software in publicly available Sublicensee Product specifications
723 and include appropriate Adobe Software branding (specifically excluding
724 the Adobe corporate logo) on the Sublicensee Product packaging or
725 marketing materials in a manner consistent with branding of other third
726 party products contained within the Sublicensee Product.
727
728 14. No Warranty. THE ADOBE SOFTWARE IS MADE AVAILABLE TO SUBLICENSEE
729 FOR USE AND REPRODUCTION “AS IS” AND ADOBE MAKES NO WARRANTY AS TO ITS
730 USE OR PERFORMANCE. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT
731 THE PERFORMANCE OR RESULTS OBTAINED BY USING THE ADOBE SOFTWARE. EXCEPT
732 FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO
733 WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW
734 APPLICABLE TO SUBLICENSEEIN SUBLICENSEE’S JURISDICTION, ADOBE AND ITS
735 SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS
736 (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR
737 OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
738 NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION,
739 SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
740 SUBLICENSEE AGREES THAT SUBLICENSEE SHALL NOT MAKE ANY WARRANTY,
741 EXPRESS OR IMPLIED, ON BEHALF OF ADOBE.
742
743 15. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE
744 LIABLE TO SUBLICENSEE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR
745 ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS
746 OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF
747 THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM
748 BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO
749 THE EXTENT PERMITTED BY APPLICABLE LAW IN SUBLICENSEE’S JURISDICTION.
750 ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN
751 CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE THOUSAND DOLLARS
752 (US$1,000). Nothing contained in this Agreement limits Adobe’s
753 liability to Sublicensee in the event of death or personal injury
754 resulting from Adobe’s negligence or for the tort of deceit (fraud).
755 Adobe is acting on behalf of its suppliers for the purpose of
756 disclaiming, excluding and/or limiting obligations, warranties and
757 liability as provided in this Agreement, but in no other respects and
758 for no other purpose.
759
760 16. Content Protection Terms
761
762 (a) Definitions.
763
764 “Compliance and Robustness Rules” means the document setting forth
765 compliance and robustness rules for the Adobe Software located at
766 http://www.adobe.com/mobile/licensees, or a successor web site thereto.
767
768 “Content Protection Functions” means those aspects of the Adobe
769 Software that are designed to ensure compliance with the Compliance and
770 Robustness Rules, and to prevent playback, copying, modification,
771 redistribution or other actions with respect to digital content
772 distributed for consumption by users of the Adobe Software when such
773 actions are not authorized by the owners of such digital content or its
774 licensed distributors.
775
776 “Content Protection Code” means code within certain designated versions
777 of the Adobe Software that enables certain Content Protection
778 Functions.
779
780 “Key” means a cryptographic value contained in the Adobe Software for
781 use in decrypting digital content.
782
783 (b) License Restrictions. Sublicensee’s right to exercise the licenses
784 with respect to the Adobe Software is subject to the following
785 additional restrictions and obligations. Sublicensee will ensure that
786 Sublicensee’s customers comply with these restrictions and obligations
787 to the same extent imposed on Sublicensee with respect to the Adobe
788 Software; any failure by Sublicensee’s customers to comply with these
789 additional restrictions and obligations shall be treated as a material
790 breach by Sublicensee.
791
792 b.1. Sublicensee and customers may only distribute the Adobe Software
793 that meets the Robustness and Compliance Rules as so confirmed by
794 Sublicensee during the verification process described above in the
795 Adobe Terms.
796
797 b.2. Sublicensee shall not (i) circumvent the Content Protection
798 Functions of either the Adobe Software or any related Adobe Software
799 that is used to encrypt or decrypt digital content for authorized
800 consumption by users of the Adobe Software, or (ii) develop or
801 distribute products that are designed to circumvent the Content
802 Protection Functions of either the Adobe Software or any Adobe Software
803 that is used to encrypt or decrypt digital content for authorized
804 consumption by users of the Adobe Software.
805
806 (c) The Keys are hereby designated as Adobe’s Confidential Information,
807 and Sublicensee will, with respect to the Keys, adhere to Adobe’s
808 Source Code Handling Procedure (to be provided by Adobe upon request).
809
810 (d) Injunctive Relief. Sublicensee agrees that a breach of this
811 Agreement may compromise the Content Protection Functions of the Adobe
812 Software and may cause unique and lasting harm to the interests of
813 Adobe and owners of digital content that rely on such Content
814 Protection Functions, and that monetary damages may be inadequate to
815 compensate fully for such harm. Therefore, Sublicensee further agrees
816 that Adobe may be entitled to seek injunctive relief to prevent or
817 limit the harm caused by any such breach, in addition to monetary
818 damages.
819
820 17. Intended Third-party Beneficiary. Adobe Systems Incorporated and
821 Adobe Software Ireland Limited are the intended third-party
822 beneficiaries of Google’s agreement with Sublicensee with respect to
823 the Adobe Software, including but not limited to, the Adobe Terms.
824 Sublicensee agrees, notwithstanding anything to the contrary in its
825 agreement with Google, that Google may disclose Sublicensee’s identity
826 to Adobe and certify in writing that Sublicensee has entered into a
827 license agreement with Google which includes the Adobe Terms.
828 Sublicensee must have an agreement with each of its licensees, and if
829 such licensees are allowed to redistribute the Adobe Software, such
830 agreement will include the Adobe Terms.

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