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