1 2 3 4 <p>This is the Android Software Development Kit License Agreement.</p> 5 6 <h2> 7 1. Introduction 8 </h2> 9 <p> 10 1.1 The Android Software Development Kit (referred to in this License Agreement as the "SDK" 11 and specifically including the Android system files, packaged APIs, and Google APIs add-ons) is 12 licensed to you subject to the terms of this License Agreement. This License Agreement forms a 13 legally binding contract between you and Google in relation to your use of the SDK. 14 15 </p> 16 <p> 17 1.2 "Google" means Google Inc., a Delaware corporation with principal place of business at 18 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. 19 </p> 20 <h2> 21 2. Accepting this License Agreement 22 </h2> 23 <p> 24 2.1 In order to use the SDK, you must first agree to this License Agreement. You may not use 25 the SDK if you do not accept this License Agreement. 26 </p> 27 <p> 28 2.2 You can accept this License Agreement by: 29 </p> 30 <p> 31 (A) clicking to accept or agree to this License Agreement, where this option is made 32 available to you; or 33 </p> 34 <p> 35 (B) by actually using the SDK. In this case, you agree that use of the SDK constitutes 36 acceptance of the Licensing Agreement from that point onwards. 37 </p> 38 <p> 39 2.3 You may not use the SDK and may not accept the Licensing Agreement if you are a person 40 barred from receiving the SDK under the laws of the United States or other countries including the 41 country in which you are resident or from which you use the SDK. 42 </p> 43 <p> 44 2.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or 45 other entity, you represent and warrant that you have full legal authority to bind your employer or 46 such entity to this License Agreement. If you do not have the requisite authority, you may not 47 accept the Licensing Agreement or use the SDK on behalf of your employer or other entity. 48 </p> 49 <h2> 50 3. SDK License from Google 51 </h2> 52 <p> 53 3.1 Subject to the terms of this License Agreement, Google grants you a limited, worldwide, 54 royalty-free, non- assignable and non-exclusive license to use the SDK solely to develop 55 applications to run on the Android platform. 56 </p> 57 <p> 58 3.2 You agree that Google or third parties own all legal right, title and interest in and to 59 the SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property 60 Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, 61 and any and all other proprietary rights. Google reserves all rights not expressly granted to you. 62 63 </p> 64 <p> 65 3.3 Except to the extent required by applicable third party licenses, you may not copy 66 (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, 67 or create derivative works of the SDK or any part of the SDK. Except to the extent required by 68 applicable third party licenses, you may not load any part of the SDK onto a mobile handset or any 69 other hardware device except a personal computer, combine any part of the SDK with other software, 70 or distribute any software or device incorporating a part of the SDK. 71 </p> 72 <p> 73 3.4 Use, reproduction and distribution of components of the SDK licensed under an open 74 source software license are governed solely by the terms of that open source software license and 75 not this License Agreement. 76 </p> 77 <p> 78 3.5 You agree that the form and nature of the SDK that Google provides may change without 79 prior notice to you and that future versions of the SDK may be incompatible with applications 80 developed on previous versions of the SDK. You agree that Google may stop (permanently or 81 temporarily) providing the SDK (or any features within the SDK) to you or to users generally at 82 Google's sole discretion, without prior notice to you. 83 </p> 84 <p> 85 3.6 Nothing in this License Agreement gives you a right to use any of Google's trade names, 86 trademarks, service marks, logos, domain names, or other distinctive brand features. 87 </p> 88 <p> 89 3.7 You agree that you will not remove, obscure, or alter any proprietary rights notices 90 (including copyright and trademark notices) that may be affixed to or contained within the SDK. 91 </p> 92 <h2> 93 4. Use of the SDK by You 94 </h2> 95 <p> 96 4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) 97 under this License Agreement in or to any software applications that you develop using the SDK, 98 including any intellectual property rights that subsist in those applications. 99 </p> 100 <p> 101 4.2 You agree to use the SDK and write applications only for purposes that are permitted by 102 (a) this License Agreement and (b) any applicable law, regulation or generally accepted practices or 103 guidelines in the relevant jurisdictions (including any laws regarding the export of data or 104 software to and from the United States or other relevant countries). 105 </p> 106 <p> 107 4.3 You agree that if you use the SDK to develop applications for general public users, you 108 will protect the privacy and legal rights of those users. If the users provide you with user names, 109 passwords, or other login information or personal information, your must make the users aware that 110 the information will be available to your application, and you must provide legally adequate privacy 111 notice and protection for those users. If your application stores personal or sensitive information 112 provided by users, it must do so securely. If the user provides your application with Google Account 113 information, your application may only use that information to access the user's Google Account 114 when, and for the limited purposes for which, the user has given you permission to do so. 115 </p> 116 <p> 117 4.4 You agree that you will not engage in any activity with the SDK, including the 118 development or distribution of an application, that interferes with, disrupts, damages, or accesses 119 in an unauthorized manner the servers, networks, or other properties or services of any third party 120 including, but not limited to, Google or any mobile communications carrier. 121 </p> 122 <p> 123 4.5 You agree that you are solely responsible for (and that Google has no responsibility to 124 you or to any third party for) any data, content, or resources that you create, transmit or display 125 through the Android platform and/or applications for the Android platform, and for the consequences 126 of your actions (including any loss or damage which Google may suffer) by doing so. 127 </p> 128 <p> 129 4.6 You agree that you are solely responsible for (and that Google has no responsibility to 130 you or to any third party for) any breach of your obligations under this License Agreement, any 131 applicable third party contract or Terms of Service, or any applicable law or regulation, and for 132 the consequences (including any loss or damage which Google or any third party may suffer) of any 133 such breach. 134 </p> 135 <h2> 136 5. Your Developer Credentials 137 </h2> 138 <p> 139 5.1 You agree that you are responsible for maintaining the confidentiality of any developer 140 credentials that may be issued to you by Google or which you may choose yourself and that you will 141 be solely responsible for all applications that are developed under your developer credentials. 142 </p> 143 <h2> 144 6. Privacy and Information 145 </h2> 146 <p> 147 6.1 In order to continually innovate and improve the SDK, Google may collect certain usage 148 statistics from the software including but not limited to a unique identifier, associated IP 149 address, version number of the software, and information on which tools and/or services in the SDK 150 are being used and how they are being used. Before any of this information is collected, the SDK 151 will notify you and seek your consent. If you withhold consent, the information will not be 152 collected. 153 </p> 154 <p> 155 6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in 156 accordance with Google's Privacy Policy. 157 </p> 158 <h2> 159 7. Third Party Applications for the Android Platform 160 </h2> 161 <p> 162 7.1 If you use the SDK to run applications developed by a third party or that access data, 163 content or resources provided by a third party, you agree that Google is not responsible for those 164 applications, data, content, or resources. You understand that all data, content or resources which 165 you may access through such third party applications are the sole responsibility of the person from 166 which they originated and that Google is not liable for any loss or damage that you may experience 167 as a result of the use or access of any of those third party applications, data, content, or 168 resources. 169 </p> 170 <p> 171 7.2 You should be aware the data, content, and resources presented to you through such a 172 third party application may be protected by intellectual property rights which are owned by the 173 providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, 174 sell, distribute or create derivative works based on these data, content, or resources (either in 175 whole or in part) unless you have been specifically given permission to do so by the relevant 176 owners. 177 </p> 178 <p> 179 7.3 You acknowledge that your use of such third party applications, data, content, or 180 resources may be subject to separate terms between you and the relevant third party. In that case, 181 this License Agreement does not affect your legal relationship with these third parties. 182 </p> 183 <h2> 184 8. Using Android APIs 185 </h2> 186 <p> 187 8.1 Google Data APIs 188 </p> 189 <p> 190 8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be 191 protected by intellectual property rights which are owned by Google or those parties that provide 192 the data (or by other persons or companies on their behalf). Your use of any such API may be subject 193 to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create 194 derivative works based on this data (either in whole or in part) unless allowed by the relevant 195 Terms of Service. 196 </p> 197 <p> 198 8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree 199 that you shall retrieve data only with the user's explicit consent and only when, and for the 200 limited purposes for which, the user has given you permission to do so. 201 202 </p> 203 <h2> 204 9. Terminating this License Agreement 205 </h2> 206 <p> 207 9.1 This License Agreement will continue to apply until terminated by either you or Google 208 as set out below. 209 </p> 210 <p> 211 9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of 212 the SDK and any relevant developer credentials. 213 </p> 214 <p> 215 9.3 Google may at any time, terminate this License Agreement with you if: 216 </p> 217 <p> 218 (A) you have breached any provision of this License Agreement; or 219 </p> 220 <p> 221 (B) Google is required to do so by law; or 222 </p> 223 <p> 224 (C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has 225 terminated its relationship with Google or ceased to offer certain parts of the SDK to you; or 226 </p> 227 <p> 228 (D) Google decides to no longer providing the SDK or certain parts of the SDK to users in 229 the country in which you are resident or from which you use the service, or the provision of the SDK 230 or certain SDK services to you by Google is, in Google's sole discretion, no longer commercially 231 viable. 232 </p> 233 <p> 234 9.4 When this License Agreement comes to an end, all of the legal rights, obligations and 235 liabilities that you and Google have benefited from, been subject to (or which have accrued over 236 time whilst this License Agreement has been in force) or which are expressed to continue 237 indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall 238 continue to apply to such rights, obligations and liabilities indefinitely. 239 </p> 240 <h2> 241 10. DISCLAIMER OF WARRANTIES 242 </h2> 243 <p> 244 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND 245 THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE. 246 </p> 247 <p> 248 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE 249 OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR 250 COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 251 </p> 252 <p> 253 10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER 254 EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF 255 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 256 </p> 257 <h2> 258 11. LIMITATION OF LIABILITY 259 </h2> 260 <p> 261 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND 262 ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, 263 INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY 264 LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN 265 AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 266 </p> 267 <h2> 268 12. Indemnification 269 </h2> 270 <p> 271 12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold 272 harmless Google, its affiliates and their respective directors, officers, employees and agents from 273 and against any and all claims, actions, suits or proceedings, as well as any and all losses, 274 liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or 275 accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any 276 copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any 277 person or defames any person or violates their rights of publicity or privacy, and (c) any 278 non-compliance by you with this License Agreement. 279 </p> 280 <h2> 281 13. Changes to the License Agreement 282 </h2> 283 <p> 284 13.1 Google may make changes to the License Agreement as it distributes new versions of the 285 SDK. When these changes are made, Google will make a new version of the License Agreement available 286 on the website where the SDK is made available. 287 </p> 288 <h2> 289 14. General Legal Terms 290 </h2> 291 <p> 292 14.1 This License Agreement constitute the whole legal agreement between you and Google and 293 govern your use of the SDK (excluding any services which Google may provide to you under a separate 294 written agreement), and completely replace any prior agreements between you and Google in relation 295 to the SDK. 296 </p> 297 <p> 298 14.2 You agree that if Google does not exercise or enforce any legal right or remedy which 299 is contained in this License Agreement (or which Google has the benefit of under any applicable 300 law), this will not be taken to be a formal waiver of Google's rights and that those rights or 301 remedies will still be available to Google. 302 </p> 303 <p> 304 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any 305 provision of this License Agreement is invalid, then that provision will be removed from this 306 License Agreement without affecting the rest of this License Agreement. The remaining provisions of 307 this License Agreement will continue to be valid and enforceable. 308 </p> 309 <p> 310 14.4 You acknowledge and agree that each member of the group of companies of which Google is 311 the parent shall be third party beneficiaries to this License Agreement and that such other 312 companies shall be entitled to directly enforce, and rely upon, any provision of this License 313 Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person 314 or company shall be third party beneficiaries to this License Agreement. 315 </p> 316 <p> 317 14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. 318 YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE 319 SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. 320 </p> 321 <p> 322 14.6 The rights granted in this License Agreement may not be assigned or transferred by 323 either you or Google without the prior written approval of the other party. Neither you nor Google 324 shall be permitted to delegate their responsibilities or obligations under this License Agreement 325 without the prior written approval of the other party. 326 </p> 327 <p> 328 14.7 This License Agreement, and your relationship with Google under this License Agreement, 329 shall be governed by the laws of the State of California without regard to its conflict of laws 330 provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located 331 within the county of Santa Clara, California to resolve any legal matter arising from this License 332 Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for 333 injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 334 </p> 335 <p> 336 <em>April 10, 2009</em> 337 </p>
