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8 register your application with Android Backup Service in order to backup your app's data
9 using the backup transport provided by Google. Registering your app provides you a Backup
10 Service Key that verifies your application and allows backup when
31 <h3>1. Your relationship with Google</h3>
32 1.1 Your use of the Android Backup Service (referred to as the &quot;Service&quot; in this document) is subject to the terms of a legal agreement between you and Google. &quot;Google&quot; means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
34 1.2 Unless otherwise agreed in writing with Google, your agreement with Google will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the &quot;Terms&quot;.
36 1.3 The Terms form a legally binding agreement between you and Google in relation to your use of the Service. It is important that you take the time to read them carefully.
45 2.4 You represent that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.
54 3.4 You acknowledge and agree that if Google disables your Backup Service Key, you and the Android application(s) you developed (&quot;Application(s)&quot;) may be prevented from accessing the Service and any content that is stored with the Service.
59 4.1 In order to access the Service, you must have a unique application identifier (&quot;Package Name&quot;) for your Application as described in the documentation for the Service.
61 4.2 After supplying Google with the Package Name and accepting the Terms, you will be issued an alphanumeric key (&quot;Backup Service Key&quot;) assigned to you by Google that is uniquely associated with your Application. Your Application must include this Backup Service Key as described in the documentation for the Service.
63 4.3 There is currently no limit to the number of Backup Service Keys you may obtain in this manner provided that you use a different Package Name for each Backup Service Key you obtain. You agree that each Backup Service Key is only valid for Applications with the corresponding Package Name. You agree that Google may, in its sole discretion, impose a limit on the number of Backup Service Keys that may be obtained in the future. You agree that your continued use of any of the Backup Service Keys assigned by Google, or distribution of any Applications using such Backup Service Keys, constitutes your continued agreement to these Terms.
71 4.7 You agree that your use of the Service will be in compliance with any documentation guidelines provided by Google and that failure to comply with the documentation guidelines may result in the disabling of the Backup Service Key(s) for your Application(s).
75 4.9 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) your and your Application's use of the Service, any breach of your obligations under the Terms, and for the consequences (including any loss or damage which Google may suffer) of any such breach.
77 4.10 You agree that in your use of the Service, you and your Applications will protect the privacy and legal rights of users. You must provide legally adequate privacy notice and protection for users whose data your Applications back up to the Service. Further, your Application may only use that information for the limited purpose of backing up the data to the Service unless the user has given you permission for further use. If the user has not given you permission to back up information to the Service, you may not transmit such information to the Service.
79 4.11 You agree that you and your Applications will not transmit or store sensitive user information, such as user names, passwords, or credit card numbers, through the Service.
84 5.2 Accordingly, you agree that you will be solely responsible to Google for all activities that occur in connection with your access to the Service, as well as the Backup Service Key.
86 5.3 If you become aware of any unauthorized use of your Backup Service Key(s) you agree to notify Google immediately.
88 <h3>6. Privacy and your personal information</h3>
89 6.1 For information about Google's data protection practices, please read Google's privacy policy at <a href="http://www.google.com/privacy.html">http://www.google.com/privacy.html</a>. This policy explains how Google treats your personal information when you use the Service.
91 6.2 You agree to the use of your data in accordance with Google's privacy policies.
94 7.1 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any Content that you or your Applications transmit or store through the Service and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so. You agree that you are solely responsible for (A) any Content that is transmitted through the Service by your Applications, and (B) any Content that Devices retrieve from the Service by virtue of your Applications. For purposes of the Terms, &quot;Content&quot; means information such as data, messages, settings information, written text, computer software, music, audio files or other sounds, photographs, videos or other images. &quot;Device(s)&quot; means device(s) powered by the Android operating system.
103 8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Google, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Google's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at <a href="http://www.google.com/permissions/guidelines.html">http://www.google.com/permissions/ guidelines.html</a> (or such other URL as Google may provide for this purpose from time to time).
112 9.3 Unless Google has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service.
114 <h3>10. Your code</h3>
117 <h3>11. Ending your relationship with Google</h3>
120 11.2 You may terminate your legal agreement with Google by discontinuing your use of the Service at any time.
130 (D) your Application fails to meet the documentation guidelines provided by Google.
137 12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT GOOGLE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
139 12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND CONTENT ARE PROVIDED &quot;AS IS&quot; AND &quot;AS AVAILABLE&quot;.
143 (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,
145 (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND
162 (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
164 (III) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION; OR
166 (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
171 14.1 You agree to hold harmless and indemnify Google, and its subsidiaries, affiliates, officers, agents, employees, or licensors from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, or (c) your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Google will provide you with written notice of such claim, suit or action.
177 16.1 The Terms constitute the whole legal agreement between you and Google and govern your use of the Service (but excluding any service which Google may provide to you under a separate written agreement), and completely replace any prior agreements between you and Google in relation to the Service.
187 16.6 The Terms, and your relationship with Google under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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