1 2 3 4 <p>This is the Android Software Development Kit License Agreement.</p> 5 6 <h2> 7 1. Introduction 8 </h2> 9 10 <p> 11 1.1 The Android Software Development Kit (referred to in the License Agreement as the "SDK" and 12 specifically including the Android system files, packaged APIs, and Google APIs add-ons) is 13 licensed to you subject to the terms of the License Agreement. The License Agreement forms a 14 legally binding contract between you and Google in relation to your use of the SDK. 15 </p> 16 17 <p> 18 1.2 "Android" means the Android software stack for devices, as made available under the Android 19 Open Source Project, which is located at the following URL: http://source.android.com/, as 20 updated from time to time. 21 </p> 22 23 <p> 24 1.3 A "compatible implementation" means any Android device that (i) complies with the Android 25 Compatibility Definition document, which can be found at the Android compatibility website 26 (http://source.android.com/compatibility) and which may be updated from time to time; and (ii) 27 successfully passes the Android Compatibility Test Suite (CTS). 28 </p> 29 30 <p> 31 1.4 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600 32 Amphitheatre Parkway, Mountain View, CA 94043, United States. 33 </p> 34 35 <h2> 36 2. Accepting this License Agreement 37 </h2> 38 39 <p> 40 2.1 In order to use the SDK, you must first agree to the License Agreement. You may not use the 41 SDK if you do not accept the License Agreement. 42 </p> 43 44 <p> 45 2.2 By clicking to accept, you hereby agree to the terms of the License Agreement. 46 </p> 47 48 <p> 49 2.3 You may not use the SDK and may not accept the License Agreement if you are a person barred 50 from receiving the SDK under the laws of the United States or other countries, including the 51 country in which you are resident or from which you use the SDK. 52 </p> 53 54 <p> 55 2.4 If you are agreeing to be bound by the License Agreement on behalf of your employer or other 56 entity, you represent and warrant that you have full legal authority to bind your employer or 57 such entity to the License Agreement. If you do not have the requisite authority, you may not 58 accept the License Agreement or use the SDK on behalf of your employer or other entity. 59 </p> 60 61 <h2> 62 3. SDK License from Google 63 </h2> 64 65 <p> 66 3.1 Subject to the terms of the License Agreement, Google grants you a limited, worldwide, 67 royalty-free, non-assignable, non-exclusive, and non-sublicensable license to use the SDK solely 68 to develop applications for compatible implementations of Android. 69 </p> 70 71 <p> 72 3.2 You may not use this SDK to develop applications for other platforms (including 73 non-compatible implementations of Android) or to develop another SDK. You are of course free to 74 develop applications for other platforms, including non-compatible implementations of Android, 75 provided that this SDK is not used for that purpose. 76 </p> 77 78 <p> 79 3.3 You agree that Google or third parties own all legal right, title and interest in and to the 80 SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property 81 Rights" means any and all rights under patent law, copyright law, trade secret law, trademark 82 law, and any and all other proprietary rights. Google reserves all rights not expressly granted 83 to you. 84 </p> 85 86 <p> 87 3.4 You may not use the SDK for any purpose not expressly permitted by the License Agreement. 88 Except to the extent required by applicable third party licenses, you may not: (a) copy (except 89 for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or 90 create derivative works of the SDK or any part of the SDK; or (b) load any part of the SDK onto a 91 mobile handset or any other hardware device except a personal computer, combine any part of the 92 SDK with other software, or distribute any software or device incorporating a part of the SDK. 93 </p> 94 95 <p> 96 3.5 Use, reproduction and distribution of components of the SDK licensed under an open source 97 software license are governed solely by the terms of that open source software license and not 98 the License Agreement. 99 </p> 100 101 <p> 102 3.6 You agree that the form and nature of the SDK that Google provides may change without prior 103 notice to you and that future versions of the SDK may be incompatible with applications developed 104 on previous versions of the SDK. You agree that Google may stop (permanently or temporarily) 105 providing the SDK (or any features within the SDK) to you or to users generally at Google's sole 106 discretion, without prior notice to you. 107 </p> 108 109 <p> 110 3.7 Nothing in the License Agreement gives you a right to use any of Google's trade names, 111 trademarks, service marks, logos, domain names, or other distinctive brand features. 112 </p> 113 114 <p> 115 3.8 You agree that you will not remove, obscure, or alter any proprietary rights notices 116 (including copyright and trademark notices) that may be affixed to or contained within the SDK. 117 </p> 118 119 <h2> 120 4. Use of the SDK by You 121 </h2> 122 123 <p> 124 4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under 125 the License Agreement in or to any software applications that you develop using the SDK, 126 including any intellectual property rights that subsist in those applications. 127 </p> 128 129 <p> 130 4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) 131 the License Agreement and (b) any applicable law, regulation or generally accepted practices or 132 guidelines in the relevant jurisdictions (including any laws regarding the export of data or 133 software to and from the United States or other relevant countries). 134 </p> 135 136 <p> 137 4.3 You agree that if you use the SDK to develop applications for general public users, you will 138 protect the privacy and legal rights of those users. If the users provide you with user names, 139 passwords, or other login information or personal information, you must make the users aware that 140 the information will be available to your application, and you must provide legally adequate 141 privacy notice and protection for those users. If your application stores personal or sensitive 142 information provided by users, it must do so securely. If the user provides your application with 143 Google Account information, your application may only use that information to access the user's 144 Google Account when, and for the limited purposes for which, the user has given you permission to 145 do so. 146 </p> 147 148 <p> 149 4.4 You agree that you will not engage in any activity with the SDK, including the development or 150 distribution of an application, that interferes with, disrupts, damages, or accesses in an 151 unauthorized manner the servers, networks, or other properties or services of any third party 152 including, but not limited to, Google or any mobile communications carrier. 153 </p> 154 155 <p> 156 4.5 You agree that you are solely responsible for (and that Google has no responsibility to you 157 or to any third party for) any data, content, or resources that you create, transmit or display 158 through Android and/or applications for Android, and for the consequences of your actions 159 (including any loss or damage which Google may suffer) by doing so. 160 </p> 161 162 <p> 163 4.6 You agree that you are solely responsible for (and that Google has no responsibility to you 164 or to any third party for) any breach of your obligations under the License Agreement, any 165 applicable third party contract or Terms of Service, or any applicable law or regulation, and for 166 the consequences (including any loss or damage which Google or any third party may suffer) of any 167 such breach. 168 </p> 169 170 <h2> 171 5. Your Developer Credentials 172 </h2> 173 174 <p> 175 5.1 You agree that you are responsible for maintaining the confidentiality of any developer 176 credentials that may be issued to you by Google or which you may choose yourself and that you 177 will be solely responsible for all applications that are developed under your developer 178 credentials. 179 </p> 180 181 <h2> 182 6. Privacy and Information 183 </h2> 184 185 <p> 186 6.1 In order to continually innovate and improve the SDK, Google may collect certain usage 187 statistics from the software including but not limited to a unique identifier, associated IP 188 address, version number of the software, and information on which tools and/or services in the 189 SDK are being used and how they are being used. Before any of this information is collected, the 190 SDK will notify you and seek your consent. If you withhold consent, the information will not be 191 collected. 192 </p> 193 194 <p> 195 6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in 196 accordance with Google's Privacy Policy. 197 </p> 198 199 <h2> 200 7. Third Party Applications 201 </h2> 202 203 <p> 204 7.1 If you use the SDK to run applications developed by a third party or that access data, 205 content or resources provided by a third party, you agree that Google is not responsible for 206 those applications, data, content, or resources. You understand that all data, content or 207 resources which you may access through such third party applications are the sole responsibility 208 of the person from which they originated and that Google is not liable for any loss or damage 209 that you may experience as a result of the use or access of any of those third party 210 applications, data, content, or resources. 211 </p> 212 213 <p> 214 7.2 You should be aware the data, content, and resources presented to you through such a third 215 party application may be protected by intellectual property rights which are owned by the 216 providers (or by other persons or companies on their behalf). You may not modify, rent, lease, 217 loan, sell, distribute or create derivative works based on these data, content, or resources 218 (either in whole or in part) unless you have been specifically given permission to do so by the 219 relevant owners. 220 </p> 221 222 <p> 223 7.3 You acknowledge that your use of such third party applications, data, content, or resources 224 may be subject to separate terms between you and the relevant third party. In that case, the 225 License Agreement does not affect your legal relationship with these third parties. 226 </p> 227 228 <h2> 229 8. Using Android APIs 230 </h2> 231 232 <p> 233 8.1 Google Data APIs 234 </p> 235 236 <p> 237 8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be 238 protected by intellectual property rights which are owned by Google or those parties that provide 239 the data (or by other persons or companies on their behalf). Your use of any such API may be 240 subject to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute 241 or create derivative works based on this data (either in whole or in part) unless allowed by the 242 relevant Terms of Service. 243 </p> 244 245 <p> 246 8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that 247 you shall retrieve data only with the user's explicit consent and only when, and for the limited 248 purposes for which, the user has given you permission to do so. 249 </p> 250 251 <h2> 252 9. Terminating this License Agreement 253 </h2> 254 255 <p> 256 9.1 The License Agreement will continue to apply until terminated by either you or Google as set 257 out below. 258 </p> 259 260 <p> 261 9.2 If you want to terminate the License Agreement, you may do so by ceasing your use of the SDK 262 and any relevant developer credentials. 263 </p> 264 265 <p> 266 9.3 Google may at any time, terminate the License Agreement with you if: 267 </p> 268 269 <p> 270 (A) you have breached any provision of the License Agreement; or 271 </p> 272 273 <p> 274 (B) Google is required to do so by law; or 275 </p> 276 277 <p> 278 (C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has 279 terminated its relationship with Google or ceased to offer certain parts of the SDK to you; or 280 </p> 281 282 <p> 283 (D) Google decides to no longer provide the SDK or certain parts of the SDK to users in the 284 country in which you are resident or from which you use the service, or the provision of the SDK 285 or certain SDK services to you by Google is, in Google's sole discretion, no longer commercially 286 viable. 287 </p> 288 289 <p> 290 9.4 When the License Agreement comes to an end, all of the legal rights, obligations and 291 liabilities that you and Google have benefited from, been subject to (or which have accrued over 292 time whilst the License Agreement has been in force) or which are expressed to continue 293 indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall 294 continue to apply to such rights, obligations and liabilities indefinitely. 295 </p> 296 297 <h2> 298 10. DISCLAIMER OF WARRANTIES 299 </h2> 300 301 <p> 302 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT 303 THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE. 304 </p> 305 306 <p> 307 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 308 SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR 309 COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 310 </p> 311 312 <p> 313 10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER 314 EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF 315 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 316 </p> 317 318 <h2> 319 11. LIMITATION OF LIABILITY 320 </h2> 321 322 <p> 323 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS 324 LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, 325 INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING 326 ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD 327 HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 328 </p> 329 330 <h2> 331 12. Indemnification 332 </h2> 333 334 <p> 335 12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless 336 Google, its affiliates and their respective directors, officers, employees and agents from and 337 against any and all claims, actions, suits or proceedings, as well as any and all losses, 338 liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or 339 accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes 340 any copyright, trademark, trade secret, trade dress, patent or other intellectual property right 341 of any person or defames any person or violates their rights of publicity or privacy, and (c) any 342 non-compliance by you with the License Agreement. 343 </p> 344 345 <h2> 346 13. Changes to the License Agreement 347 </h2> 348 13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK. 349 When these changes are made, Google will make a new version of the License Agreement available on 350 the website where the SDK is made available. 351 <h2> 352 14. General Legal Terms 353 </h2> 354 355 <p> 356 14.1 The License Agreement constitutes the whole legal agreement between you and Google and 357 governs your use of the SDK (excluding any services which Google may provide to you under a 358 separate written agreement), and completely replaces any prior agreements between you and Google 359 in relation to the SDK. 360 </p> 361 362 <p> 363 14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is 364 contained in the License Agreement (or which Google has the benefit of under any applicable law), 365 this will not be taken to be a formal waiver of Google's rights and that those rights or remedies 366 will still be available to Google. 367 </p> 368 369 <p> 370 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any 371 provision of the License Agreement is invalid, then that provision will be removed from the 372 License Agreement without affecting the rest of the License Agreement. The remaining provisions 373 of the License Agreement will continue to be valid and enforceable. 374 </p> 375 376 <p> 377 14.4 You acknowledge and agree that each member of the group of companies of which Google is the 378 parent shall be third party beneficiaries to the License Agreement and that such other companies 379 shall be entitled to directly enforce, and rely upon, any provision of the License Agreement that 380 confers a benefit on (or rights in favor of) them. Other than this, no other person or company 381 shall be third party beneficiaries to the License Agreement. 382 </p> 383 384 <p> 385 14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU 386 MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE 387 SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. 388 </p> 389 390 <p> 391 14.6 The rights granted in the License Agreement may not be assigned or transferred by either you 392 or Google without the prior written approval of the other party. Neither you nor Google shall be 393 permitted to delegate their responsibilities or obligations under the License Agreement without 394 the prior written approval of the other party. 395 </p> 396 397 <p> 398 14.7 The License Agreement, and your relationship with Google under the License Agreement, shall 399 be governed by the laws of the State of California without regard to its conflict of laws 400 provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located 401 within the county of Santa Clara, California to resolve any legal matter arising from the License 402 Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for 403 injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 404 </p> 405 406 <p> 407 <em>November 20, 2015</em> 408 </p>
