1 2 3 <p>This is the Android Software Development Kit License Agreement.</p> 4 5 <h2> 6 1. Introduction 7 </h2> 8 <p> 9 1.1 The Android Software Development Kit (referred to in this License Agreement as the "SDK" 10 and specifically including the Android system files, packaged APIs, and Google APIs add-ons) is 11 licensed to you subject to the terms of this License Agreement. This License Agreement forms a 12 legally binding contract between you and Google in relation to your use of the SDK. 13 14 </p> 15 <p> 16 1.2 "Google" means Google Inc., a Delaware corporation with principal place of business at 17 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. 18 </p> 19 <h2> 20 2. Accepting this License Agreement 21 </h2> 22 <p> 23 2.1 In order to use the SDK, you must first agree to this License Agreement. You may not use 24 the SDK if you do not accept this License Agreement. 25 </p> 26 <p> 27 2.2 You can accept this License Agreement by: 28 </p> 29 <p> 30 (A) clicking to accept or agree to this License Agreement, where this option is made 31 available to you; or 32 </p> 33 <p> 34 (B) by actually using the SDK. In this case, you agree that use of the SDK constitutes 35 acceptance of the Licensing Agreement from that point onwards. 36 </p> 37 <p> 38 2.3 You may not use the SDK and may not accept the Licensing Agreement if you are a person 39 barred from receiving the SDK under the laws of the United States or other countries including the 40 country in which you are resident or from which you use the SDK. 41 </p> 42 <p> 43 2.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or 44 other entity, you represent and warrant that you have full legal authority to bind your employer or 45 such entity to this License Agreement. If you do not have the requisite authority, you may not 46 accept the Licensing Agreement or use the SDK on behalf of your employer or other entity. 47 </p> 48 <h2> 49 3. SDK License from Google 50 </h2> 51 <p> 52 3.1 Subject to the terms of this License Agreement, Google grants you a limited, worldwide, 53 royalty-free, non- assignable and non-exclusive license to use the SDK solely to develop 54 applications to run on the Android platform. 55 </p> 56 <p> 57 3.2 You agree that Google or third parties own all legal right, title and interest in and to 58 the SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property 59 Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, 60 and any and all other proprietary rights. Google reserves all rights not expressly granted to you. 61 62 </p> 63 <p> 64 3.3 Except to the extent required by applicable third party licenses, you may not copy 65 (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, 66 or create derivative works of the SDK or any part of the SDK. Except to the extent required by 67 applicable third party licenses, you may not load any part of the SDK onto a mobile handset or any 68 other hardware device except a personal computer, combine any part of the SDK with other software, 69 or distribute any software or device incorporating a part of the SDK. 70 </p> 71 <p> 72 3.4 Use, reproduction and distribution of components of the SDK licensed under an open 73 source software license are governed solely by the terms of that open source software license and 74 not this License Agreement. 75 </p> 76 <p> 77 3.5 You agree that the form and nature of the SDK that Google provides may change without 78 prior notice to you and that future versions of the SDK may be incompatible with applications 79 developed on previous versions of the SDK. You agree that Google may stop (permanently or 80 temporarily) providing the SDK (or any features within the SDK) to you or to users generally at 81 Google's sole discretion, without prior notice to you. 82 </p> 83 <p> 84 3.6 Nothing in this License Agreement gives you a right to use any of Google's trade names, 85 trademarks, service marks, logos, domain names, or other distinctive brand features. 86 </p> 87 <p> 88 3.7 You agree that you will not remove, obscure, or alter any proprietary rights notices 89 (including copyright and trademark notices) that may be affixed to or contained within the SDK. 90 </p> 91 <h2> 92 4. Use of the SDK by You 93 </h2> 94 <p> 95 4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) 96 under this License Agreement in or to any software applications that you develop using the SDK, 97 including any intellectual property rights that subsist in those applications. 98 </p> 99 <p> 100 4.2 You agree to use the SDK and write applications only for purposes that are permitted by 101 (a) this License Agreement and (b) any applicable law, regulation or generally accepted practices or 102 guidelines in the relevant jurisdictions (including any laws regarding the export of data or 103 software to and from the United States or other relevant countries). 104 </p> 105 <p> 106 4.3 You agree that if you use the SDK to develop applications for general public users, you 107 will protect the privacy and legal rights of those users. If the users provide you with user names, 108 passwords, or other login information or personal information, your must make the users aware that 109 the information will be available to your application, and you must provide legally adequate privacy 110 notice and protection for those users. If your application stores personal or sensitive information 111 provided by users, it must do so securely. If the user provides your application with Google Account 112 information, your application may only use that information to access the user's Google Account 113 when, and for the limited purposes for which, the user has given you permission to do so. 114 </p> 115 <p> 116 4.4 You agree that you will not engage in any activity with the SDK, including the 117 development or distribution of an application, that interferes with, disrupts, damages, or accesses 118 in an unauthorized manner the servers, networks, or other properties or services of any third party 119 including, but not limited to, Google or any mobile communications carrier. 120 </p> 121 <p> 122 4.5 You agree that you are solely responsible for (and that Google has no responsibility to 123 you or to any third party for) any data, content, or resources that you create, transmit or display 124 through the Android platform and/or applications for the Android platform, and for the consequences 125 of your actions (including any loss or damage which Google may suffer) by doing so. 126 </p> 127 <p> 128 4.6 You agree that you are solely responsible for (and that Google has no responsibility to 129 you or to any third party for) any breach of your obligations under this License Agreement, any 130 applicable third party contract or Terms of Service, or any applicable law or regulation, and for 131 the consequences (including any loss or damage which Google or any third party may suffer) of any 132 such breach. 133 </p> 134 <h2> 135 5. Your Developer Credentials 136 </h2> 137 <p> 138 5.1 You agree that you are responsible for maintaining the confidentiality of any developer 139 credentials that may be issued to you by Google or which you may choose yourself and that you will 140 be solely responsible for all applications that are developed under your developer credentials. 141 </p> 142 <h2> 143 6. Privacy and Information 144 </h2> 145 <p> 146 6.1 In order to continually innovate and improve the SDK, Google may collect certain usage 147 statistics from the software including but not limited to a unique identifier, associated IP 148 address, version number of the software, and information on which tools and/or services in the SDK 149 are being used and how they are being used. Before any of this information is collected, the SDK 150 will notify you and seek your consent. If you withhold consent, the information will not be 151 collected. 152 </p> 153 <p> 154 6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in 155 accordance with Google's Privacy Policy. 156 </p> 157 <h2> 158 7. Third Party Applications for the Android Platform 159 </h2> 160 <p> 161 7.1 If you use the SDK to run applications developed by a third party or that access data, 162 content or resources provided by a third party, you agree that Google is not responsible for those 163 applications, data, content, or resources. You understand that all data, content or resources which 164 you may access through such third party applications are the sole responsibility of the person from 165 which they originated and that Google is not liable for any loss or damage that you may experience 166 as a result of the use or access of any of those third party applications, data, content, or 167 resources. 168 </p> 169 <p> 170 7.2 You should be aware the data, content, and resources presented to you through such a 171 third party application may be protected by intellectual property rights which are owned by the 172 providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, 173 sell, distribute or create derivative works based on these data, content, or resources (either in 174 whole or in part) unless you have been specifically given permission to do so by the relevant 175 owners. 176 </p> 177 <p> 178 7.3 You acknowledge that your use of such third party applications, data, content, or 179 resources may be subject to separate terms between you and the relevant third party. In that case, 180 this License Agreement does not affect your legal relationship with these third parties. 181 </p> 182 <h2> 183 8. Using Android APIs 184 </h2> 185 <p> 186 8.1 Google Data APIs 187 </p> 188 <p> 189 8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be 190 protected by intellectual property rights which are owned by Google or those parties that provide 191 the data (or by other persons or companies on their behalf). Your use of any such API may be subject 192 to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create 193 derivative works based on this data (either in whole or in part) unless allowed by the relevant 194 Terms of Service. 195 </p> 196 <p> 197 8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree 198 that you shall retrieve data only with the user's explicit consent and only when, and for the 199 limited purposes for which, the user has given you permission to do so. 200 201 </p> 202 <h2> 203 9. Terminating this License Agreement 204 </h2> 205 <p> 206 9.1 This License Agreement will continue to apply until terminated by either you or Google 207 as set out below. 208 </p> 209 <p> 210 9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of 211 the SDK and any relevant developer credentials. 212 </p> 213 <p> 214 9.3 Google may at any time, terminate this License Agreement with you if: 215 </p> 216 <p> 217 (A) you have breached any provision of this License Agreement; or 218 </p> 219 <p> 220 (B) Google is required to do so by law; or 221 </p> 222 <p> 223 (C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has 224 terminated its relationship with Google or ceased to offer certain parts of the SDK to you; or 225 </p> 226 <p> 227 (D) Google decides to no longer providing the SDK or certain parts of the SDK to users in 228 the country in which you are resident or from which you use the service, or the provision of the SDK 229 or certain SDK services to you by Google is, in Google's sole discretion, no longer commercially 230 viable. 231 </p> 232 <p> 233 9.4 When this License Agreement comes to an end, all of the legal rights, obligations and 234 liabilities that you and Google have benefited from, been subject to (or which have accrued over 235 time whilst this License Agreement has been in force) or which are expressed to continue 236 indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall 237 continue to apply to such rights, obligations and liabilities indefinitely. 238 </p> 239 <h2> 240 10. DISCLAIMER OF WARRANTIES 241 </h2> 242 <p> 243 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND 244 THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE. 245 </p> 246 <p> 247 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE 248 OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR 249 COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 250 </p> 251 <p> 252 10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER 253 EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF 254 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 255 </p> 256 <h2> 257 11. LIMITATION OF LIABILITY 258 </h2> 259 <p> 260 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND 261 ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, 262 INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY 263 LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN 264 AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 265 </p> 266 <h2> 267 12. Indemnification 268 </h2> 269 <p> 270 12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold 271 harmless Google, its affiliates and their respective directors, officers, employees and agents from 272 and against any and all claims, actions, suits or proceedings, as well as any and all losses, 273 liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or 274 accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any 275 copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any 276 person or defames any person or violates their rights of publicity or privacy, and (c) any 277 non-compliance by you with this License Agreement. 278 </p> 279 <h2> 280 13. Changes to the License Agreement 281 </h2> 282 <p> 283 13.1 Google may make changes to the License Agreement as it distributes new versions of the 284 SDK. When these changes are made, Google will make a new version of the License Agreement available 285 on the website where the SDK is made available. 286 </p> 287 <h2> 288 14. General Legal Terms 289 </h2> 290 <p> 291 14.1 This License Agreement constitute the whole legal agreement between you and Google and 292 govern your use of the SDK (excluding any services which Google may provide to you under a separate 293 written agreement), and completely replace any prior agreements between you and Google in relation 294 to the SDK. 295 </p> 296 <p> 297 14.2 You agree that if Google does not exercise or enforce any legal right or remedy which 298 is contained in this License Agreement (or which Google has the benefit of under any applicable 299 law), this will not be taken to be a formal waiver of Google's rights and that those rights or 300 remedies will still be available to Google. 301 </p> 302 <p> 303 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any 304 provision of this License Agreement is invalid, then that provision will be removed from this 305 License Agreement without affecting the rest of this License Agreement. The remaining provisions of 306 this License Agreement will continue to be valid and enforceable. 307 </p> 308 <p> 309 14.4 You acknowledge and agree that each member of the group of companies of which Google is 310 the parent shall be third party beneficiaries to this License Agreement and that such other 311 companies shall be entitled to directly enforce, and rely upon, any provision of this License 312 Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person 313 or company shall be third party beneficiaries to this License Agreement. 314 </p> 315 <p> 316 14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. 317 YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE 318 SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. 319 </p> 320 <p> 321 14.6 The rights granted in this License Agreement may not be assigned or transferred by 322 either you or Google without the prior written approval of the other party. Neither you nor Google 323 shall be permitted to delegate their responsibilities or obligations under this License Agreement 324 without the prior written approval of the other party. 325 </p> 326 <p> 327 14.7 This License Agreement, and your relationship with Google under this License Agreement, 328 shall be governed by the laws of the State of California without regard to its conflict of laws 329 provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located 330 within the county of Santa Clara, California to resolve any legal matter arising from this License 331 Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for 332 injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 333 </p> 334 <p> 335 <em>April 10, 2009</em> 336 </p>
