1 page.title=Android Backup Service Terms of Service 2 excludeFromSuggestions=true 3 @jd:body 4 5 6 7 <h3>1. Your relationship with Google</h3> 8 9 <p>1.1 10 Your use of the Android Backup Service (referred to as the "Service" 11 in this document) is subject to the terms of a legal agreement between you and 12 Google. "Google" means Google Inc., whose principal place of business 13 is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This 14 document explains how the agreement is made up, and sets out some of the terms 15 of that agreement.</p> 16 17 <p>1.2 18 Unless otherwise agreed in writing with Google, your agreement with Google will 19 always include, at a minimum, the terms and conditions set out in this 20 document. These are referred to below as the "Terms".</p> 21 22 <p>1.3 The 23 Terms form a legally binding agreement between you and Google in relation to 24 your use of the Service. It is important that you take the time to read them 25 carefully.</p> 26 27 28 29 30 31 <h2>2. Accepting the Terms</h2> 32 33 <p>2.1 In 34 order to use the Service, you must first agree to the Terms. You may not use 35 the Service if you do not accept the Terms.</p> 36 37 <p>2.2 You 38 can accept the Terms by clicking to accept or agree to the Terms, where 39 this option is made available to you by Google.</p> 40 41 <p>2.3 You 42 may not use the Service and may not accept the Terms if you are not of legal 43 age to form a binding contract with Google.</p> 44 45 <p>2.4 46 You represent that you have full power, 47 capacity and authority to accept these Terms. If you are accepting on behalf of your employer or 48 another entity, you represent that you have full legal authority to bind your employer 49 or such entity to these Terms. If 50 you don't have the legal authority to bind, please ensure that an authorized 51 person from your entity consents to and accepts these Terms.</p> 52 53 54 55 56 57 <h2>3. Provision of the Service by Google</h2> 58 59 <p>3.1 60 Google has subsidiaries and affiliated legal entities around the world ("Subsidiaries 61 and Affiliates"). Sometimes, 62 these companies will be providing the Service to you on behalf of Google 63 itself. You acknowledge and agree that Subsidiaries and Affiliates will be 64 entitled to provide the Service to you.</p> 65 66 <p>3.2 67 Google is constantly innovating in order to provide the best possible 68 experience for its users. You acknowledge and agree that the form and nature of 69 the Service which Google provides may change from time to time without prior 70 notice to you.</p> 71 72 <p>3.3 As 73 part of this continuing innovation, you acknowledge and agree that Google may 74 stop (permanently or temporarily) providing the Service (or any features within 75 the Service) to you or to users generally at Google's sole discretion, without 76 prior notice to you. You may stop using the Service at any time. You do not 77 need to specifically inform Google when you stop using the Service.</p> 78 79 <p>3.4 You 80 acknowledge and agree that if Google disables your Backup Service Key, you and the Android 81 application(s) you developed ("Application(s)") may be prevented from accessing 82 the Service and any content that is stored with the Service.</p> 83 84 <p>3.5 You 85 acknowledge and agree that Google may set a fixed upper limit on the number of 86 backup transmissions you may send or receive through the Service or on the 87 amount of storage space used for the provision of the Service at any time, at 88 Google's discretion. You agree to 89 abide by any such fixed upper limits.</p> 90 91 92 93 94 95 <h2>4. Use of the Service by you</h2> 96 97 <p>4.1 In 98 order to access the Service, you must have a unique application identifier 99 ("Package Name") for your Application as described in the documentation for the 100 Service.</p> 101 102 <p>4.2 103 After supplying Google with the Package Name and accepting the Terms, you will 104 be issued an alphanumeric key ("Backup Service Key") assigned to you by Google that is 105 uniquely associated with your Application. Your Application must include this Backup Service Key as 106 described in the documentation for the Service.</p> 107 108 <p>4.3 109 There is currently no limit to the number of Backup Service Keys you may obtain in this 110 manner provided that you use a different Package Name for each Backup Service Key you 111 obtain. You agree that each Backup Service Key is only valid for Applications with the corresponding 112 Package Name. You agree that Google may, in its sole 113 discretion, impose a limit on the number of Backup Service Keys that may be obtained in 114 the future. You agree that your 115 continued use of any of the Backup Service Keys assigned by Google, or distribution of any 116 Applications using such Backup Service Keys, constitutes your continued agreement to these 117 Terms.</p> 118 119 <p>4.4 You 120 agree to use the Service only for purposes that are permitted by (a) the Terms 121 and (b) any applicable law, regulation, third-party terms of service, or 122 generally accepted practices or guidelines in the relevant jurisdictions 123 (including any laws regarding the export of data or software to and from the 124 United States or other relevant countries).</p> 125 126 <p>4.5 You 127 agree not to access (or attempt to access) any of the Service by any means 128 other than through the interfaces, methods, and APIs that are provided by 129 Google, unless you have been specifically allowed to do so in a separate 130 agreement with Google.</p> 131 132 <p>4.6 You 133 agree that you will not engage in any activity that interferes with or disrupts 134 the Service (or the servers and networks which are connected to the Service), 135 or the servers or networks of any third-party.</p> 136 137 <p>4.7 You 138 agree that your use of the Service will be in compliance with any documentation 139 guidelines provided by Google and that failure to comply with the documentation 140 guidelines may result in the disabling of the Backup Service Key(s) for your 141 Application(s).</p> 142 143 <p>4.8 144 Unless you have been specifically permitted to do so in a separate agreement 145 with Google, you agree that you will not reproduce, duplicate, copy, sell, 146 trade or resell (a) use of the Service, or (b) access to the Service.</p> 147 148 <p>4.9 You 149 agree that you are solely responsible for (and that Google has no 150 responsibility to you or to any third party for) your and your Application's 151 use of the Service, any breach of your obligations under the Terms, and for the 152 consequences (including any loss or damage which Google may suffer) of any such 153 breach.</p> 154 155 <p>4.10 You agree that in your use of the Service, you and 156 your Applications will protect the privacy and legal rights of users. You must 157 provide legally adequate privacy notice and protection for users whose data 158 your Applications back up to the Service. Further, your Application may only 159 use that information for the limited purpose of backing up the data to the 160 Service unless the user has given you permission for further use. If the user has not given you 161 permission to back up information to the Service, you may not transmit such 162 information to the Service.</p> 163 164 <p>4.11 You agree 165 that you and your Applications will not transmit or store sensitive user 166 information, such as user names, passwords, or credit card numbers, through the 167 Service.</p> 168 169 170 171 172 173 <h2>5. Security</h2> 174 175 <p>5.1 You 176 agree and understand that you are responsible for maintaining the security 177 associated with any information you provide to access the Service as well as of 178 the Backup Service Key(s) assigned to you by Google. You agree that only you are authorized to use 179 the Backup Service Key(s) assigned to you.</p> 180 181 <p>5.2 182 Accordingly, you agree that you will be solely responsible to Google for all 183 activities that occur in connection with your access to the Service, as well as 184 the Backup Service Key.</p> 185 186 <p>5.3 If 187 you become aware of any unauthorized use of your Backup Service Key(s) you agree to notify 188 Google immediately.</p> 189 190 191 192 193 194 <h2>6. Privacy and your personal information</h2> 195 196 <p>6.1 For 197 information about Google's data protection practices, please read Google's 198 privacy policy at <a 199 href="http://www.google.com/privacy.html">http://www.google.com/privacy.html</a>. 200 This policy explains how Google treats your personal information when you use 201 the Service.</p> 202 203 <p>6.2 You 204 agree to the use of your data in accordance with Google's privacy policies.</p> 205 206 207 208 209 210 <h2>7. Content in the Service</h2> 211 212 <p>7.1 You 213 agree that you are solely responsible for (and that Google has no 214 responsibility to you or to any third party for) any Content that you or your 215 Applications transmit or store through the Service and for the consequences of 216 your actions (including any loss or damage which Google may suffer) by doing 217 so. You agree that you are solely 218 responsible for (A) any Content that is transmitted through the Service by your 219 Applications, and (B) any Content that Devices retrieve from the Service by 220 virtue of your Applications. For 221 purposes of the Terms, "Content" means information such as data, messages, 222 settings information, written text, computer software, music, audio files or 223 other sounds, photographs, videos or other images. "Device(s)" means device(s) powered by 224 the Android operating system.</p> 225 226 <p>7.2 You 227 agree that you will not transmit any Content through the Service that is 228 copyrighted, protected by trade secret or otherwise subject to third party 229 proprietary rights, including patent, privacy and publicity rights, unless you 230 are the owner of such rights or have permission from their rightful owner to 231 transmit the Content through the Service.</p> 232 233 234 235 236 237 <h2>8. Proprietary rights</h2> 238 239 <p>8.1 You 240 acknowledge and agree that Google (or Google's licensors) own all legal right, 241 title and interest in and to the Service, including any intellectual property 242 rights which subsist in the Service (whether those rights happen to be 243 registered or not, and wherever in the world those rights may exist).</p> 244 245 <p>8.2 246 Unless you have agreed otherwise in writing with Google, nothing in the Terms 247 gives you a right to use any of Google's trade names, trademarks, service 248 marks, logos, domain names, and other distinctive brand features.</p> 249 250 <p>8.3 If 251 you have been given an explicit right to use any of these brand features in a 252 separate written agreement with Google, then you agree that your use of such 253 features shall be in compliance with that agreement, any applicable provisions 254 of the Terms, and Google's brand feature use guidelines as updated from time to 255 time. These guidelines can be viewed online at <a 256 href="http://www.google.com/permissions/guidelines.html">http://www.google.com/permissions/ 257 guidelines.html</a> (or such other URL as Google may 258 provide for this purpose from time to time).</p> 259 260 <p>8.4 You 261 agree that you shall not remove, obscure, or alter any proprietary rights 262 notices (including copyright, trade mark notices) which may be affixed to or 263 contained within the Service.</p> 264 265 266 267 268 269 <h2>9. License from Google</h2> 270 271 <p>9.1 272 Subject to terms and conditions of these Terms, Google gives you a personal, 273 worldwide, royalty-free, non-assignable and non-exclusive license to use the 274 Service as provided to you by Google. This license is for the sole purpose of 275 enabling you to use and enjoy the benefit of the Service as provided by Google, 276 in the manner permitted by the Terms. </p> 277 278 <p>9.2 You 279 may not (and you may not permit anyone else to) copy, modify, create a 280 derivative work of, reverse engineer, decompile or otherwise attempt to extract 281 the source code from the Service or any part thereof, unless this is expressly 282 permitted or required by law, or unless you have been specifically told that 283 you may do so by Google, in writing.</p> 284 285 <p>9.3 286 Unless Google has given you specific written permission to do so, you may not 287 assign (or grant a sub-license of) your rights to use the Service, grant a 288 security interest in or over your rights to use the Service, or otherwise 289 transfer any part of your rights to use the Service.</p> 290 291 292 293 294 295 <h2>10. Your code</h2> 296 297 <p>10.1 298 Google claims no ownership or control over any source code written by you to be 299 used with the Service. You retain copyright and any other rights you already 300 hold in this code, and you are responsible for protecting those rights, as 301 appropriate.</p> 302 303 304 305 306 307 <h2>11. Ending your relationship 308 with Google</h2> 309 310 <p>11.1 311 The Terms will continue to apply until terminated by either you or Google as 312 set out below.</p> 313 314 <p>11.2 315 You may terminate your legal agreement with Google by discontinuing your use of 316 the Service at any time.</p> 317 318 <p>11.3 319 Google may, at any time, terminate its legal agreement with you if:</p> 320 321 <p style='margin-left:1.0em;'> (A) you have breached any provision of the Terms (or have 322 acted in manner which clearly shows that you do not intend to, or are unable to 323 comply with the provisions of the Terms); or</p> 324 325 <p style='margin-left:1.0em;'> (B) Google is required to do so by law (for example, where 326 the provision of the Service to you is, or becomes, unlawful); or</p> 327 328 <p style='margin-left:1.0em;'> (C) Google is 329 transitioning to no longer providing the Service; or</p> 330 331 <p style='margin-left:1.0em;'> (D) your Application fails to meet the documentation 332 guidelines provided by Google.</p> 333 334 <p>11.4 335 Nothing in this Section shall affect Google's rights regarding provision of the 336 Service under Section 3 of the Terms.</p> 337 338 <p>11.5 339 When these Terms come to an end, all of the legal rights, obligations and 340 liabilities that you and Google have benefited from, been subject to (or which 341 have accrued over time whilst the Terms have been in force) or which are 342 expressed to continue indefinitely, shall be unaffected by this cessation, and 343 the provisions of Sections 12, 13 and Paragraph 16 shall continue to apply to 344 such rights, obligations and liabilities indefinitely.</p> 345 346 347 348 349 350 <h2>12. EXCLUSION OF WARRANTIES</h2> 351 352 <p>12.1 353 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT 354 GOOGLE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR 355 LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF 356 CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY 357 FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF 358 IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE 359 LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR 360 LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p> 361 362 <p>12.2 363 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE 364 RISK AND THAT THE SERVICE AND CONTENT ARE PROVIDED "AS IS" AND 365 "AS AVAILABLE".</p> 366 367 <p>12.3 IN 368 PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT 369 REPRESENT OR WARRANT TO YOU THAT:</p> 370 371 <p style='margin-left:1.0em;'>(A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,</p> 372 373 <p style='margin-left:1.0em;'>(B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, 374 SECURE OR FREE FROM ERROR, AND</p> 375 376 <p style='margin-left:1.0em;'>(C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY 377 SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.</p> 378 379 <p>12.4 NO 380 ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR 381 THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN 382 THE TERMS.</p> 383 384 <p>12.5 385 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, 386 WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED 387 WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE 388 AND NON-INFRINGEMENT.</p> 389 390 391 392 393 394 <h2>13. LIMITATION OF LIABILITY</h2> 395 396 <p>13.1 397 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND 398 AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL 399 NOT BE LIABLE TO YOU FOR:</p> 400 401 <p style='margin-left:1.0em;'> (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL 402 OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY 403 THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF 404 PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR 405 BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF 406 SUBSTITUTE GOODS OR SERVICE, OR OTHER INTANGIBLE LOSS;</p> 407 408 <p style='margin-left:1.0em;'> (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, 409 INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:</p> 410 411 <p style='margin-left:2em;'> (I) ANY 412 CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY 413 CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE 414 SERVICE);</p> 415 416 <p style='margin-left:2em;'> (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, 417 ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR 418 THROUGH YOUR USE OF THE SERVICE;</p> 419 420 <p style='margin-left:2em;'> (III) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT 421 INFORMATION; OR</p> 422 423 <p style='margin-left:2em;'> (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS 424 SECURE AND CONFIDENTIAL.</p> 425 426 <p>13.2 427 THE LIMITATIONS ON GOOGLE'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL 428 APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF 429 THE POSSIBILITY OF ANY SUCH LOSSES ARISING.</p> 430 431 432 433 434 435 <h2>14. Indemnification</h2> 436 437 <p>14.1 You agree to hold 438 harmless and indemnify Google, and its subsidiaries, affiliates, officers, 439 agents, employees, or licensors from and against any third party claim arising 440 from or in any way related to (a) your breach of the Terms, (b) your use of the 441 Service, or (c) your violation of applicable laws, rules or regulations in 442 connection with the Service, including any liability or expense arising from 443 all claims, losses, damages (actual and consequential), suits, judgments, 444 litigation costs and attorneys' fees, of every kind and nature. In such a case, 445 Google will provide you with written notice of such claim, suit or action.</p> 446 447 448 449 450 451 <h2>15. Changes to the Terms</h2> 452 453 <p>15.1 454 Due to things like changes to the law or changes to 455 functionality offered through the Service, Google may need to change these Terms from time to 456 time. You should look at the Terms regularly. We'll post 457 notice of the modified Terms within, or through, the Service. Once the modified Terms are posted, 458 the changes will become effective immediately, and you are deemed to have accepted the modified 459 Terms if you continue to use the Service. If you do not agree to the modified 460 Terms for the Service, please stop using the Service.</p> 461 462 463 464 465 466 <h2>16. General legal terms</h2> 467 468 <p>16.1 469 The Terms constitute the whole legal agreement between you and Google and 470 govern your use of the Service (but excluding any service which Google may 471 provide to you under a separate written agreement), and completely replace any 472 prior agreements between you and Google in relation to the Service.</p> 473 474 <p>16.2 475 You agree that Google may provide you with notices, including those regarding 476 changes to the Terms, by email, regular mail, or postings on the Service.</p> 477 478 <p>16.3 479 You agree that if Google does not exercise or enforce any legal right or remedy 480 which is contained in the Terms (or which Google has the benefit of under any 481 applicable law), this will not be taken to be a formal waiver of Google's 482 rights and that those rights or remedies will still be available to Google.</p> 483 484 <p>16.4 If 485 any court of law, having the jurisdiction to decide on this matter, rules that 486 any provision of these Terms is invalid, then that provision will be removed 487 from the Terms without affecting the rest of the Terms. The remaining 488 provisions of the Terms will continue to be valid and enforceable.</p> 489 490 <p>16.5 491 You acknowledge and agree that each member of the group of companies of which 492 Google is the parent shall be third party beneficiaries to the Terms and that 493 such other companies shall be entitled to directly enforce, and rely upon, any 494 provision of the Terms which confers a benefit on (or rights in favor of) them. 495 Other than this, no other person or company shall be third party beneficiaries 496 to the Terms.</p> 497 498 <p>16.6 499 The Terms, and your relationship with Google under the Terms, shall be governed 500 by the laws of the State of California without regard to its conflict of laws 501 provisions. You and Google agree to submit to the exclusive jurisdiction of the 502 courts located within the county of Santa Clara, California to resolve any 503 legal matter arising from the Terms. Notwithstanding this, you agree that 504 Google shall still be allowed to apply for injunctive remedies (or an 505 equivalent type of urgent legal relief) in any jurisdiction.</p> 506 507
