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| 29 <body> | 29 <body> |
| 30 <h2>Google Chrome Terms of Service</h2> | 30 <h2>Google Chrome Terms of Service</h2> |
| 31 <p>These Terms of Service apply to the executable code version of Google Chrome.
Source code for Google Chrome is available free of charge under open source sof
tware licence agreements at http://code.google.com/chromium/terms.html.</p> | 31 <p>These Terms of Service apply to the executable code version of Google Chrome.
Source code for Google Chrome is available free of charge under open source sof
tware licence agreements at http://code.google.com/chromium/terms.html.</p> |
| 32 <p><strong>1. Your relationship with Google</strong></p> | 32 <p><strong>1. Your relationship with Google</strong></p> |
| 33 <p>1.1 Your use of Google’s products, software, services and websites (referred
to collectively as the “Services” in this document and excluding any services pr
ovided to you by Google under a separate written agreement) is subject to the te
rms of a legal agreement between you and Google. “Google” means Google Inc., who
se principal place of business is at 1600 Amphitheatre Parkway, Mountain View, C
A 94043, United States. This document explains how the agreement is made up and
sets out some of the terms of that agreement.</p> | 33 <p>1.1 Your use of Google’s products, software, services and websites (referred
to collectively as the “Services” in this document and excluding any services pr
ovided to you by Google under a separate written agreement) is subject to the te
rms of a legal agreement between you and Google. “Google” means Google Inc., who
se principal place of business is at 1600 Amphitheatre Parkway, Mountain View, C
A 94043, United States. This document explains how the agreement is made up and
sets out some of the terms of that agreement.</p> |
| 34 <p>1.2 Unless otherwise agreed in writing with Google, your agreement with Googl
e will always include, at a minimum, the terms and conditions set out in this do
cument. These are referred to below as the “Universal Terms”. Open-source softwa
re licences for Google Chrome source code constitute separate written agreements
. To the limited extent that the open-source software licences expressly superse
de these Universal Terms, the open-source licences govern your agreement with Go
ogle for the use of Google Chrome or specific included components of Google Chro
me.</p> | 34 <p>1.2 Unless otherwise agreed in writing with Google, your agreement with Googl
e will always include, at a minimum, the terms and conditions set out in this do
cument. These are referred to below as the “Universal Terms”. Open-source softwa
re licences for Google Chrome source code constitute separate written agreements
. To the limited extent that the open-source software licences expressly superse
de these Universal Terms, the open-source licences govern your agreement with Go
ogle for the use of Google Chrome or specific included components of Google Chro
me.</p> |
| 35 <p>1.3 Your agreement with Google will also include the terms set forth in Appen
dix A to this document and terms of any Legal Notices applicable to the Services
, in addition to the Universal Terms. All of these are referred to below as the
“Additional Terms”. Where Additional Terms apply to a Service, these will be acc
essible for you to read either within or through your use of that Service.</p> | 35 <p>1.3 Your agreement with Google will also include the terms set forth below in
the Google Chrome Additional Terms of Service and terms of any Legal Notices ap
plicable to the Services, in addition to the Universal Terms. All of these are r
eferred to below as the “Additional Terms”. Where Additional Terms apply to a Se
rvice, these will be accessible for you to read either within or through your us
e of that Service.</p> |
| 36 <p>1.4 The Universal Terms, together with the Additional Terms, form a legally b
inding agreement between you and Google in relation to your use of the Services.
It is important that you take the time to read them carefully. Collectively, th
is legal agreement is referred to below as the “Terms”.</p> | 36 <p>1.4 The Universal Terms, together with the Additional Terms, form a legally b
inding agreement between you and Google in relation to your use of the Services.
It is important that you take the time to read them carefully. Collectively, th
is legal agreement is referred to below as the “Terms”.</p> |
| 37 <p>1.5 If there is any contradiction between what the Additional Terms say and w
hat the Universal Terms say, then the Additional Terms shall take precedence in
relation to that Service.</p> | 37 <p>1.5 If there is any contradiction between what the Additional Terms say and w
hat the Universal Terms say, then the Additional Terms shall take precedence in
relation to that Service.</p> |
| 38 <p><strong>2. Accepting the Terms</strong></p> | 38 <p><strong>2. Accepting the Terms</strong></p> |
| 39 <p>2.1 In order to use the Services, you must first agree to the Terms. You may
not use the Services if you do not accept the Terms.</p> | 39 <p>2.1 In order to use the Services, you must first agree to the Terms. You may
not use the Services if you do not accept the Terms.</p> |
| 40 <p>2.2 You can accept the Terms by:</p> | 40 <p>2.2 You can accept the Terms by:</p> |
| 41 <p>(A) clicking to accept or agree to the Terms, where this option is made avail
able to you by Google in the user interface for any Service; or</p> | 41 <p>(A) clicking to accept or agree to the Terms, where this option is made avail
able to you by Google in the user interface for any Service; or</p> |
| 42 <p>(B) by actually using the Services. In this case, you understand and agree th
at Google will treat your use of the Services as acceptance of the Terms from th
at point onwards.</p> | 42 <p>(B) by actually using the Services. In this case, you understand and agree th
at Google will treat your use of the Services as acceptance of the Terms from th
at point onwards.</p> |
| 43 <p><strong>3. Language of the Terms</strong></p> | 43 <p><strong>3. Language of the Terms</strong></p> |
| 44 <p>3.1 Where Google has provided you with a translation of the English-language
version of the Terms, then you agree that the translation is provided for your c
onvenience only and that the English-language versions of the Terms will govern
your relationship with Google.</p> | 44 <p>3.1 Where Google has provided you with a translation of the English-language
version of the Terms, then you agree that the translation is provided for your c
onvenience only and that the English-language versions of the Terms will govern
your relationship with Google.</p> |
| 45 <p>3.2 If there is any contradiction between what the English-language version o
f the Terms says and what a translation says, then the English-language version
shall take precedence.</p> | 45 <p>3.2 If there is any contradiction between what the English-language version o
f the Terms says and what a translation says, then the English-language version
shall take precedence.</p> |
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| 62 <p>7.3 Google reserves the right (but shall have no obligation) to prescreen, re
view, flag, filter, modify, refuse or remove any or all Content from any Service
. For some of the Services, Google may provide tools to filter out explicit sexu
al content. These tools include the SafeSearch preference settings (see http://w
ww.google.co.uk/help/customize.html#safe). In addition, there are commercially a
vailable services and software to limit access to material that you may find obj
ectionable.</p> | 62 <p>7.3 Google reserves the right (but shall have no obligation) to prescreen, re
view, flag, filter, modify, refuse or remove any or all Content from any Service
. For some of the Services, Google may provide tools to filter out explicit sexu
al content. These tools include the SafeSearch preference settings (see http://w
ww.google.co.uk/help/customize.html#safe). In addition, there are commercially a
vailable services and software to limit access to material that you may find obj
ectionable.</p> |
| 63 <p>7.4 You understand that by using the Services, you may be exposed to Content
that you may find offensive, indecent or objectionable and that, in this respect
, you use the Services at your own risk.</p> | 63 <p>7.4 You understand that by using the Services, you may be exposed to Content
that you may find offensive, indecent or objectionable and that, in this respect
, you use the Services at your own risk.</p> |
| 64 <p>7.5 You agree that you are solely responsible for (and that Google has no res
ponsibility to you or to any third party for) any Content that you create, trans
mit or display while using the Services, and for the consequences of your action
s (including any loss or damage that Google may suffer) by doing so.</p> | 64 <p>7.5 You agree that you are solely responsible for (and that Google has no res
ponsibility to you or to any third party for) any Content that you create, trans
mit or display while using the Services, and for the consequences of your action
s (including any loss or damage that Google may suffer) by doing so.</p> |
| 65 <p><strong>8. Proprietary rights</strong></p> | 65 <p><strong>8. Proprietary rights</strong></p> |
| 66 <p>8.1 You acknowledge and agree that Google (or Google’s licensors) own all leg
al right, title and interest in and to the Services, including any intellectual
property rights which subsist in the Services (whether those rights happen to be
registered or not, and wherever in the world those rights may exist).</p> | 66 <p>8.1 You acknowledge and agree that Google (or Google’s licensors) own all leg
al right, title and interest in and to the Services, including any intellectual
property rights which subsist in the Services (whether those rights happen to be
registered or not, and wherever in the world those rights may exist).</p> |
| 67 <p>8.2 Unless you have agreed otherwise in writing with Google, nothing in the T
erms gives you a right to use any of Google’s trade names, trade marks, service
marks, logos, domain names and other distinctive brand features.</p> | 67 <p>8.2 Unless you have agreed otherwise in writing with Google, nothing in the T
erms gives you a right to use any of Google’s trade names, trade marks, service
marks, logos, domain names and other distinctive brand features.</p> |
| 68 <p>8.3 If you have been given an explicit right to use any of these brand featur
es 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 provisi
ons of the Terms and Google's brand-feature use guidelines, as updated from time
to time. These guidelines can be viewed online at http://www.google.co.uk/permi
ssions/guidelines.html (or such other URL as Google may provide for this purpose
from time to time).</p> | 68 <p>8.3 If you have been given an explicit right to use any of these brand featur
es 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 provisi
ons of the Terms and Google's brand-feature use guidelines, as updated from time
to time. These guidelines can be viewed online at http://www.google.co.uk/permi
ssions/guidelines.html (or such other URL as Google may provide for this purpose
from time to time).</p> |
| 69 <p>8.4 Google acknowledges and agrees that it obtains no right, title or interes
t from you (or your licensors) under these Terms in or to any Content that you s
ubmit, post, transmit or display on or through the Services, including any intel
lectual property rights which subsist in that Content (whether those rights happ
en to be registered or not, and wherever in the world those rights may exist). U
nless you have agreed otherwise in writing with Google, you agree that you are r
esponsible for protecting and enforcing those rights and that Google has no obli
gation to do so on your behalf.</p> | 69 <p>8.4 Google acknowledges and agrees that it obtains no right, title or interes
t from you (or your licensors) under these Terms in or to any Content that you s
ubmit, post, transmit or display on or through the Services, including any intel
lectual property rights which subsist in that Content (whether those rights happ
en to be registered or not, and wherever in the world those rights may exist). U
nless you have agreed otherwise in writing with Google, you agree that you are r
esponsible for protecting and enforcing those rights and that Google has no obli
gation to do so on your behalf.</p> |
| 70 <p>8.5 You agree that you shall not remove, obscure or alter any proprietary rig
hts notices (including copyright and trade-mark notices) that may be affixed to
or contained within the Services.</p> | 70 <p>8.5 You agree that you shall not remove, obscure or alter any proprietary rig
hts notices (including copyright and trade-mark notices) that may be affixed to
or contained within the Services.</p> |
| 71 <p>8.6 Unless you have been expressly authorised to do so in writing by Google,
you agree that in using the Services, you will not use any trade mark, service m
ark, trade name, logo of any company or organisation in a way that is likely or
intended to cause confusion about the owner or authorised user of such marks, na
mes or logos.</p> | 71 <p>8.6 Unless you have been expressly authorised to do so in writing by Google,
you agree that in using the Services, you will not use any trade mark, service m
ark, trade name, logo of any company or organisation in a way that is likely or
intended to cause confusion about the owner or authorised user of such marks, na
mes or logos.</p> |
| 72 <p>8.7 THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENCE FOR THE P
ERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE W
ITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED
BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTA
INED FROM A VIDEO PARTNER LICENSED TO PROVIDE AVC VIDEO. NO LICENCE IS GRANTED O
R SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FRO
M MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM. </p> | |
| 73 <p><strong>9. Licence from Google</strong></p> | 72 <p><strong>9. Licence from Google</strong></p> |
| 74 <p>9.1 Google gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive licence to use the software provided to you by Google as part of t
he Services provided to you by Google (referred to as the “Software” below). Thi
s licence is for the sole purpose of enabling you to use and enjoy the benefit o
f the Services as provided by Google, in the manner permitted by the Terms.</p> | 73 <p>9.1 Google gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive licence to use the software provided to you by Google as part of t
he Services provided to you by Google (referred to as the “Software” below). Thi
s licence is for the sole purpose of enabling you to use and enjoy the benefit o
f the Services as provided by Google, in the manner permitted by the Terms.</p> |
| 75 <p>9.2 Subject to section 1.2, you may not (and you may not permit anyone else t
o) copy, modify, create a derivative work of, reverse-engineer, decompile or oth
erwise attempt to extract the source code of the Software or any part thereof, u
nless this is expressly permitted or required by law or unless you have been spe
cifically told that you may do so by Google, in writing.</p> | 74 <p>9.2 Subject to section 1.2, you may not (and you may not permit anyone else t
o) copy, modify, create a derivative work of, reverse-engineer, decompile or oth
erwise attempt to extract the source code of the Software or any part thereof, u
nless this is expressly permitted or required by law or unless you have been spe
cifically told that you may do so by Google, in writing.</p> |
| 76 <p>9.3 Subject to section 1.2, unless Google has given you specific written perm
ission to do so, you may not assign (or grant a sub-licence of) your rights to u
se the Software, grant a security interest in or over your rights to use the Sof
tware, or otherwise transfer any part of your rights to use the Software.</p> | 75 <p>9.3 Subject to section 1.2, unless Google has given you specific written perm
ission to do so, you may not assign (or grant a sub-licence of) your rights to u
se the Software, grant a security interest in or over your rights to use the Sof
tware, or otherwise transfer any part of your rights to use the Software.</p> |
| 77 <p><strong>10. Content licence from you</strong></p> | 76 <p><strong>10. Content licence from you</strong></p> |
| 78 <p>10.1 You retain copyright and any other rights that you already hold in Conte
nt which you submit, post or display on or through the Services.</p> | 77 <p>10.1 You retain copyright and any other rights that you already hold in Conte
nt which you submit, post or display on or through the Services.</p> |
| 79 <p><strong>11. Software updates</strong></p> | 78 <p><strong>11. Software updates</strong></p> |
| 80 <p>11.1 The Software that you use may download and install updates automatically
, from time to time, from Google. These updates are designed to improve, enhance
and further develop the Services and may take the form of bug fixes, enhanced f
unctions, new software modules and completely new versions. You agree to receive
such updates (and permit Google to deliver these to you) as part of your use of
the Services.</p> | 79 <p>11.1 The Software that you use may download and install updates automatically
, from time to time, from Google. These updates are designed to improve, enhance
and further develop the Services and may take the form of bug fixes, enhanced f
unctions, new software modules and completely new versions. You agree to receive
such updates (and permit Google to deliver these to you) as part of your use of
the Services.</p> |
| 81 <p><strong>12. Ending your relationship with Google</strong></p> | 80 <p><strong>12. Ending your relationship with Google</strong></p> |
| 82 <p>12.1 The Terms will continue to apply until terminated either by you or Googl
e, as set out below.</p> | 81 <p>12.1 The Terms will continue to apply until terminated either by you or Googl
e, as set out below.</p> |
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| 128 <p>19.2 The Terms constitute the whole legal agreement between you and Google an
d govern your use of the Services (but exclude any services that Google may prov
ide to you under a separate written agreement) and completely replace any prior
agreements between you and Google in relation to the Services.</p> | 127 <p>19.2 The Terms constitute the whole legal agreement between you and Google an
d govern your use of the Services (but exclude any services that Google may prov
ide to you under a separate written agreement) and completely replace any prior
agreements between you and Google in relation to the Services.</p> |
| 129 <p>19.3 You agree that Google may provide you with notices, including those rega
rding changes to the Terms, by email, letter post or postings on the Services.</
p> | 128 <p>19.3 You agree that Google may provide you with notices, including those rega
rding changes to the Terms, by email, letter post or postings on the Services.</
p> |
| 130 <p>19.4 You agree that if Google does not exercise or enforce any legal right or
remedy that is contained in the Terms (or which Google has the benefit of under
any applicable law), this will not be taken to be a formal waiver of Google’s r
ights and that those rights or remedies will still be available to Google.</p> | 129 <p>19.4 You agree that if Google does not exercise or enforce any legal right or
remedy that is contained in the Terms (or which Google has the benefit of under
any applicable law), this will not be taken to be a formal waiver of Google’s r
ights and that those rights or remedies will still be available to Google.</p> |
| 131 <p>19.5 If any court of law, having the jurisdiction to decide on this matter, r
ules that any provision of these Terms is invalid, then that provision will be r
emoved from the Terms without affecting the rest of the Terms. The remaining pro
visions of the Terms will continue to be valid and enforceable.</p> | 130 <p>19.5 If any court of law, having the jurisdiction to decide on this matter, r
ules that any provision of these Terms is invalid, then that provision will be r
emoved from the Terms without affecting the rest of the Terms. The remaining pro
visions of the Terms will continue to be valid and enforceable.</p> |
| 132 <p>19.6 You acknowledge and agree that each member of the group of companies of
which Google is the parent shall be third-party beneficiaries to the Terms and t
hat such other companies shall be entitled to directly enforce and rely upon any
provision of the Terms that confers a benefit on (or rights in favour of) them.
Other than this, no other person or company shall be third-party beneficiaries
to the Terms.</p> | 131 <p>19.6 You acknowledge and agree that each member of the group of companies of
which Google is the parent shall be third-party beneficiaries to the Terms and t
hat such other companies shall be entitled to directly enforce and rely upon any
provision of the Terms that confers a benefit on (or rights in favour of) them.
Other than this, no other person or company shall be third-party beneficiaries
to the Terms.</p> |
| 133 <p>19.7 The Terms and your relationship with Google under the Terms shall be gov
erned 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.</p> | 132 <p>19.7 The Terms and your relationship with Google under the Terms shall be gov
erned 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.</p> |
| 134 <p><strong>20. Additional Terms for Extensions for Google Chrome</strong></p> | 133 <p><strong>20. Additional Terms for Extensions for Google Chrome</strong></p> |
| 135 <p>20.1 These terms in this section apply if you install extensions on your copy
of Google Chrome. Extensions are small software programmes, developed by Google
or third parties that can modify and enhance the functionality of Google Chrome
. Extensions may have greater privileges to access your browser or your computer
than regular web pages, including the ability to read and modify your private d
ata.</p> | 134 <p>20.1 These terms in this section apply if you install extensions on your copy
of Google Chrome. Extensions are small software programmes, developed by Google
or third parties that can modify and enhance the functionality of Google Chrome
. Extensions may have greater privileges to access your browser or your computer
than regular web pages, including the ability to read and modify your private d
ata.</p> |
| 136 <p>20.2 From time to time, Google Chrome may check with remote servers (hosted b
y Google or by third parties) for available updates to extensions, including, bu
t not limited to bug fixes or enhanced functionality. You agree that such update
s will be requested automatically, downloaded and installed without further noti
ce to you.</p> | 135 <p>20.2 From time to time, Google Chrome may check with remote servers (hosted b
y Google or by third parties) for available updates to extensions, including, bu
t not limited to bug fixes or enhanced functionality. You agree that such update
s will be requested automatically, downloaded and installed without further noti
ce to you.</p> |
| 137 <p>20.3 From time to time, Google may discover an extension that violates Google
developer terms or other legal agreements, laws, regulations or policies. Googl
e Chrome will periodically download a list of such extensions from Google’s serv
ers. You agree that Google may remotely disable or remove any such extension fro
m user systems at its sole discretion. </p> | 136 <p>20.3 From time to time, Google may discover an extension that violates Google
developer terms or other legal agreements, laws, regulations or policies. Googl
e Chrome will periodically download a list of such extensions from Google’s serv
ers. You agree that Google may remotely disable or remove any such extension fro
m user systems at its sole discretion. </p> |
| 137 <p><strong>21. Additional Terms for Enterprise Use</strong></p> |
| 138 <p>21.1 If you are a business entity, then the individual accepting on behalf of
the entity (for the avoidance of doubt, for business entities, in these Terms,
"you" means the entity) represents and warrants that he or she has the authority
to act on your behalf, that you represent that you are duly authorised to do bu
siness in the country or countries where you operate and that your employees, of
ficers, representatives and other agents accessing the Service are duly authoris
ed to access Google Chrome and to legally bind you to these Terms.</p> |
| 139 <p>21.2 Subject to the Terms and in addition to the licence grant in Section 9,
Google grants you a non-exclusive, non-transferable licence to reproduce, distri
bute, install and use Google Chrome solely on machines intended for use by your
employees, officers, representatives and agents in connection with your business
entity, and provided that their use of Google Chrome will be subject to the Ter
ms.</p> |
| 140 <p>12 August 2010</p> |
| 138 <br> | 141 <br> |
| 139 <h2>Appendix A</h2> | 142 <hr> |
| 143 <br> |
| 144 <h2>Google Chrome Additional Terms of Service</h2> |
| 145 <p><strong>MPEGLA</strong></p> |
| 146 <p>THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENCE FOR THE PERSO
NAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH
THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY
A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED
FROM A VIDEO PARTNER LICENSED TO PROVIDE AVC VIDEO. NO LICENCE IS GRANTED OR SH
ALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MP
EG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.</p> |
| 147 <p><strong>Adobe</strong></p> |
| 140 <p>Google Chrome may include one or more components provided by Adobe Systems In
corporated and Adobe Software Ireland Limited (collectively, “Adobe”). Your use
of the Adobe software, as provided by Google (“Adobe Software”), is subject to t
he following additional terms (the “Adobe Terms”). You, the entity receiving the
Adobe Software, will be hereinafter referred to as “Sublicensee”.</p> | 148 <p>Google Chrome may include one or more components provided by Adobe Systems In
corporated and Adobe Software Ireland Limited (collectively, “Adobe”). Your use
of the Adobe software, as provided by Google (“Adobe Software”), is subject to t
he following additional terms (the “Adobe Terms”). You, the entity receiving the
Adobe Software, will be hereinafter referred to as “Sublicensee”.</p> |
| 141 <p>1. Licensing Restrictions.</p> | 149 <p>1. Licensing Restrictions.</p> |
| 142 <p>(a) Flash Player, Version 10.x is designed only as a browser plug-in. Sublice
nsee may not modify or distribute this Adobe Software for use as anything but a
browser plug-in for playing back content on a web page. For example, Sublicensee
will not modify this Adobe Software in order to allow interoperation with appli
cations that run outside the browser (e.g. stand-alone applications, widgets, de
vice UI).</p> | 150 <p>(a) Flash Player, Version 10.x is designed only as a browser plug-in. Sublice
nsee may not modify or distribute this Adobe Software for use as anything but a
browser plug-in for playing back content on a web page. For example, Sublicensee
will not modify this Adobe Software in order to allow interoperation with appli
cations that run outside the browser (e.g. stand-alone applications, widgets, de
vice UI).</p> |
| 143 <p>(b) Sublicensee will not expose any APIs of the Flash Player, Version 10.x th
rough a browser plug-in interface in such a way that allows such extension to be
used to play back content from a web page as a stand-alone application.</p> | 151 <p>(b) Sublicensee will not expose any APIs of the Flash Player, Version 10.x th
rough a browser plug-in interface in such a way that allows such extension to be
used to play back content from a web page as a stand-alone application.</p> |
| 144 <p>(c) The Chrome-Reader Software may not be used to render any PDF or EPUB docu
ments that utilise digital-rights management protocols or systems other than Ado
be DRM.</p> | 152 <p>(c) The Chrome-Reader Software may not be used to render any PDF or EPUB docu
ments that utilise digital-rights management protocols or systems other than Ado
be DRM.</p> |
| 145 <p>(d) Adobe DRM must be enabled in the Chrome-Reader Software for all Adobe DRM
-protected PDF and EPUB documents.</p> | 153 <p>(d) Adobe DRM must be enabled in the Chrome-Reader Software for all Adobe DRM
-protected PDF and EPUB documents.</p> |
| 146 <p>(e) The Chrome-Reader Software may not, other than as explicitly permitted by
the technical specifications, disable any capabilities provided by Adobe in the
Adobe Software, including, but not limited to, support for PDF and EPUB formats
, and Adobe DRM.</p> | 154 <p>(e) The Chrome-Reader Software may not, other than as explicitly permitted by
the technical specifications, disable any capabilities provided by Adobe in the
Adobe Software, including, but not limited to, support for PDF and EPUB formats
and Adobe DRM.</p> |
| 147 <p>2. Electronic Transmission. Sublicensee may allow the download of the Adobe S
oftware from a website, the Internet, an intranet or similar technology (“Electr
onic Transmissions”), provided that Sublicensee agrees that any distributions of
the Adobe Software by Sublicensee, including those on CD-ROM, DVD-ROM or other
storage media and Electronic Transmissions, if expressly permitted, shall be sub
ject to reasonable security measures to prevent unauthorised use. With relation
to Electronic Transmissions approved hereunder, Sublicensee agrees to employ any
reasonable usage restrictions set by Adobe, including those related to security
and/or the restriction of distribution to end users of the Sublicensee's Produc
t.</p> | 155 <p>2. Electronic Transmission. Sublicensee may allow the download of the Adobe S
oftware from a website, the Internet, an intranet or similar technology (“Electr
onic Transmissions”), provided that Sublicensee agrees that any distributions of
the Adobe Software by Sublicensee, including those on CD-ROM, DVD-ROM or other
storage media and Electronic Transmissions, if expressly permitted, shall be sub
ject to reasonable security measures to prevent unauthorised use. With relation
to Electronic Transmissions approved hereunder, Sublicensee agrees to employ any
reasonable usage restrictions set by Adobe, including those related to security
and/or the restriction of distribution to end users of the Sublicensee's Produc
t.</p> |
| 148 <p>3. EULA and Distribution Terms.</p> | 156 <p>3. EULA and Distribution Terms.</p> |
| 149 <p>(a) Sublicensee shall ensure that the Adobe Software is distributed to end us
ers under an enforceable end-user licence agreement, in favour of Sublicensee an
d its suppliers, containing at least each of the following minimum terms (the “E
nd-User Licence”): (i) a prohibition against distribution and copying, (ii) a pr
ohibition against modifications and derivative works, (iii) a prohibition agains
t decompiling, reverse-engineering, disassembling and otherwise reducing the Ado
be Software to a human-perceivable form, (iv) a provision indicating ownership o
f Sublicensee's Product (as defined in Section 8) by Sublicensee and its licenso
rs, (v) a disclaimer of indirect, special, incidental, punitive and consequentia
l damages and (vi) other industry standard disclaimers and limitations, includin
g, as applicable: a disclaimer of all applicable statutory warranties, to the fu
ll extent allowed by law.</p> | 157 <p>(a) Sublicensee shall ensure that the Adobe Software is distributed to end us
ers under an enforceable end-user licence agreement, in favour of Sublicensee an
d its suppliers, containing at least each of the following minimum terms (the “E
nd-User Licence”): (i) a prohibition against distribution and copying, (ii) a pr
ohibition against modifications and derivative works, (iii) a prohibition agains
t decompiling, reverse-engineering, disassembling and otherwise reducing the Ado
be Software to a human-perceivable form, (iv) a provision indicating ownership o
f Sublicensee's Product (as defined in Section 8) by Sublicensee and its licenso
rs, (v) a disclaimer of indirect, special, incidental, punitive and consequentia
l damages and (vi) other industry-standard disclaimers and limitations, includin
g, as applicable: a disclaimer of all applicable statutory warranties, to the fu
ll extent allowed by law.</p> |
| 150 <p>(b) Sublicensee shall ensure that the Adobe Software is distributed to Sublic
ensee’s distributors under an enforceable distribution licence agreement, in fav
our of Sublicensee and its suppliers, containing terms as protective of Adobe as
the Adobe Terms.</p> | 158 <p>(b) Sublicensee shall ensure that the Adobe Software is distributed to Sublic
ensee’s distributors under an enforceable distribution licence agreement, in fav
our of Sublicensee and its suppliers, containing terms as protective of Adobe as
the Adobe Terms.</p> |
| 151 <p>4. Open Source. Sublicensee will not directly or indirectly grant, or purport
to grant, to any third party any rights or immunities under Adobe’s intellectua
l property or proprietary rights that will subject such intellectual property to
an open-source licence or scheme in which there is, or could be interpreted to
be, a requirement that as a condition of use, modification and/or distribution,
the Adobe Software be: (i) disclosed or distributed in source code form; (ii) li
censed for the purpose of making derivative works; or (iii) redistributable at n
o charge. For clarification purposes, the foregoing restriction does not preclud
e Sublicensee from distributing, and Sublicensee will distribute the Adobe Softw
are as bundled with the Google Software, without charge.</p> | 159 <p>4. Open Source. Sublicensee will not directly or indirectly grant, or purport
to grant, to any third party any rights or immunities under Adobe’s intellectua
l property or proprietary rights that will subject such intellectual property to
an open-source licence or scheme in which there is, or could be interpreted to
be, a requirement that as a condition of use, modification and/or distribution,
the Adobe Software be: (i) disclosed or distributed in source code form; (ii) li
censed for the purpose of making derivative works; or (iii) redistributable at n
o charge. For clarification purposes, the foregoing restriction does not preclud
e Sublicensee from distributing, and Sublicensee will distribute the Adobe Softw
are as bundled with the Google Software, without charge.</p> |
| 152 <p>5. Additional Terms. With respect to any update, upgrade, new versions of the
Adobe Software (collectively “Upgrades”) provided to Sublicenses, Adobe reserve
s the right to require additional terms and conditions applicable solely to the
Upgrade and future versions thereof, and solely to the extent that such restrict
ions are imposed by Adobe on all licensees of such Upgrade. If Sublicensee does
not agree to such additional terms or conditions, Sublicensee will have no licen
sing rights with respect to such Upgrade and Sublicensee’s licensing rights with
respect to the Adobe Software will terminate automatically on the 90th day from
the date that such additional terms are made available to Sublicensee.</p> | 160 <p>5. Additional Terms. With respect to any update, upgrade and new versions of
the Adobe Software (collectively “Upgrades”) provided to Sublicenses, Adobe rese
rves the right to require additional terms and conditions applicable solely to t
he Upgrade and future versions thereof, and solely to the extent that such restr
ictions are imposed by Adobe on all licensees of such Upgrade. If Sublicensee do
es not agree to such additional terms or conditions, Sublicensee will have no li
censing rights with respect to such Upgrade and Sublicensee’s licensing rights w
ith respect to the Adobe Software will terminate automatically on the 90th day f
rom the date that such additional terms are made available to Sublicensee.</p> |
| 153 <p>6. Proprietary Rights Notices. Sublicensee shall not, and shall require its d
istributors not to, delete or in any manner alter the copyright notices, tradema
rks, logos or related notices, or other proprietary rights notices of Adobe (and
its licensors, if any) appearing on or within the Adobe Software or accompanyin
g materials.</p> | 161 <p>6. Proprietary Rights Notices. Sublicensee shall not, and shall require its d
istributors not to, delete or in any manner alter the copyright notices, tradema
rks, logos or related notices, or other proprietary rights notices of Adobe (and
its licensors, if any) appearing on or within the Adobe Software or accompanyin
g materials.</p> |
| 154 <p>7. Technical Requirements. Sublicensee and its distributors may only distribu
te Adobe Software and/or Upgrade on devices that (i) meet the technical specific
ations posted on http://www.adobe.com/mobile/licensees, (or a successor website
thereto) and (ii) have been verified by Adobe, as set forth below.</p> | 162 <p>7. Technical Requirements. Sublicensee and its distributors may only distribu
te Adobe Software and/or Upgrade on devices that (i) meet the technical specific
ations posted on http://www.adobe.com/mobile/licensees, (or a successor website
thereto) and (ii) have been verified by Adobe, as set forth below.</p> |
| 155 <p>8. Verification and Update. Sublicensee must submit to Adobe each Sublicensee
's product (and each version thereof) containing the Adobe Software and/or Upgra
de (“Sublicensee's Product”) that do not meet the Device Verification exemption
criteria to be communicated by Google, for Adobe to verify. Sublicensee shall pa
y for each submission made by Sublicensee by procuring verification packages at
Adobe’s then-current terms set forth at http://flashmobile.adobe.com/. Sublicens
ee's Product that has not passed verification may not be distributed. Verificati
on will be accomplished in accordance with Adobe’s then-current process describe
d at http://flashmobile.adobe.com/ (“Verification”).</p> | 163 <p>8. Verification and Update. Sublicensee must submit to Adobe each Sublicensee
's product (and each version thereof) containing the Adobe Software and/or Upgra
de (“Sublicensee's Product”) that do not meet the Device Verification exemption
criteria to be communicated by Google, for Adobe to verify. Sublicensee shall pa
y for each submission made by Sublicensee by procuring verification packages und
er the Adobe terms applicable at the time set forth at http://flashmobile.adobe.
com/. Sublicensee's Product that has not passed verification may not be distribu
ted. Verification will be accomplished in accordance with the Adobe process appl
icable at the time described at http://flashmobile.adobe.com/ (“Verification”).<
/p> |
| 156 <p>9. Profiles and Device Central. Sublicensee will be prompted to enter certain
profile information about the Sublicensee's Products, either as part of the Ver
ification process or some other method, and Sublicensee will provide such inform
ation to Adobe. Adobe may (i) use such profile information as reasonably necessa
ry to verify the Sublicensee's Product (if such product is subject to Verificati
on), and (ii) display such profile information in “Adobe Device Intelligence sys
tem”, located at https://devices.adobe.com/partnerportal/, and made available th
rough Adobe’s authoring and development tools and services to enable developers
and end users to see how content or applications are displayed in Sublicensee's
Products (e.g. how video images appear in certain phones).</p> | 164 <p>9. Profiles and Device Central. Sublicensee will be prompted to enter certain
profile information about the Sublicensee's Products, either as part of the Ver
ification process or some other method, and Sublicensee will provide such inform
ation to Adobe. Adobe may (i) use such profile information as reasonably necessa
ry to verify the Sublicensee's Product (if such product is subject to Verificati
on), and (ii) display such profile information in “Adobe Device Intelligence sys
tem”, located at https://devices.adobe.com/partnerportal/, and made available th
rough Adobe’s authoring and development tools and services to enable developers
and end users to see how content or applications are displayed in Sublicensee's
Products (e.g. how video images appear in certain phones).</p> |
| 157 <p>10. Export. Sublicensee acknowledges that the laws and regulations of the Uni
ted States restrict the export and re-export of commodities and technical data o
f United States origin, which may include the Adobe Software. Sublicensee agrees
that it will not export or re-export the Adobe Software without the appropriate
United States and foreign governmental clearances, if any.</p> | 165 <p>10. Export. Sublicensee acknowledges that the laws and regulations of the Uni
ted States restrict the export and re-export of commodities and technical data o
f United States origin, which may include the Adobe Software. Sublicensee agrees
that it will not export or re-export the Adobe Software without the appropriate
United States and foreign governmental clearances, if any.</p> |
| 158 <p>11. Technology Pass-through Terms.</p> | 166 <p>11. Technology Pass-through Terms.</p> |
| 159 <p>(a) Except pursuant to applicable permissions or agreements therefor, from or
with the applicable parties, Sublicensees shall not use, and shall not allow th
e use of, the Adobe Software for the encoding or decoding of MP3 audio-only (.MP
3) data on any non-PC device (e.g. mobile phone or set-top box), nor may the MP3
encoders or decoders contained in the Adobe Software be used or accessed by any
product other than the Adobe Software. The Adobe Software may be used for the e
ncoding or decoding of MP3 data contained within an SWF or FLV file, which conta
ins video, picture or other data. Sublicensee shall acknowledge that use of the
Adobe Software for non-PC devices, as described in the prohibitions in this sect
ion, may require the payment of licensing royalties or other amounts to third pa
rties who may hold intellectual property rights related to the MP3 technology, a
nd that Adobe and Sublicensee have not paid any royalties or other amounts on ac
count of third-party intellectual property rights for such use. If Sublicensee r
equires an MP3 encoder or decoder for such use, Sublicensee is responsible for o
btaining the necessary intellectual property licence, including any applicable p
atent rights.</p> | 167 <p>(a) Except pursuant to applicable permissions or agreements therefore, from o
r with the applicable parties, Sublicensees shall not use, and shall not allow t
he use of, the Adobe Software for the encoding or decoding of MP3 audio-only (.M
P3) data on any non-PC device (e.g. mobile phone or set-top box), nor may the MP
3 encoders or decoders contained in the Adobe Software be used or accessed by an
y product other than the Adobe Software. The Adobe Software may be used for the
encoding or decoding of MP3 data contained within an SWF or FLV file, which cont
ains video, picture or other data. Sublicensee shall acknowledge that use of the
Adobe Software for non-PC devices, as described in the prohibitions in this sec
tion, may require the payment of licensing royalties or other amounts to third p
arties who may hold intellectual property rights related to the MP3 technology,
and that Adobe and Sublicensee have not paid any royalties or other amounts on a
ccount of third-party intellectual property rights for such use. If Sublicensee
requires an MP3 encoder or decoder for such use, Sublicensee is responsible for
obtaining the necessary intellectual property licence, including any applicable
patent rights.</p> |
| 160 <p>(b) Sublicensee will not use, copy, reproduce and modify (i) the On2 source c
ode (provided hereunder as a component of the Source Code), as necessary, to ena
ble the Adobe Software to decode video in the Flash video file format (.flv or .
f4v) and (ii) the Sorenson Spark source code (provided hereunder as a component
of the Source Code) for the limited purpose of making bug fixes and performance
enhancements to the Adobe Software. All codecs provided with the Adobe Software
may only be used and distributed as an integrated part of the Adobe Software and
may not be accessed by any other application, including other Google applicatio
ns.</p> | 168 <p>(b) Sublicensee will not use, copy, reproduce and modify (i) the On2 source c
ode (provided hereunder as a component of the Source Code), as necessary, to ena
ble the Adobe Software to decode video in the Flash video file format (.flv or .
f4v) and (ii) the Sorenson Spark source code (provided hereunder as a component
of the Source Code) for the limited purpose of making bug fixes and performance
enhancements to the Adobe Software. All codecs provided with the Adobe Software
may only be used and distributed as an integrated part of the Adobe Software and
may not be accessed by any other application, including other Google applicatio
ns.</p> |
| 161 <p>(c) The Source Code may be provided with an AAC codec and/or HE-AAC codec (“t
he AAC Codec”). Use of the AAC Codec is conditioned on Sublicensee obtaining a p
roper patent licence covering necessary patents, as provided by VIA Licensing, f
or end products on or in which the AAC Codec will be used. Sublicensee acknowled
ges and agrees that Adobe is not providing a patent licence for an AAC Codec und
er this Agreement to Sublicensee or its sublicensees.</p> | 169 <p>(c) The Source Code may be provided with an AAC codec and/or HE-AAC codec (“t
he AAC Codec”). Use of the AAC Codec is conditioned on Sublicensee obtaining a p
roper patent licence covering necessary patents, as provided by VIA Licensing, f
or end products on or in which the AAC Codec will be used. Sublicensee acknowled
ges and agrees that Adobe is not providing a patent licence for an AAC Codec und
er this Agreement to Sublicensee or its sublicensees.</p> |
| 162 <p>(d) THE SOURCE CODE MAY CONTAIN CODE LICENSED UNDER THE AVC PATENT PORTFOLIO
LICENCE FOR THE PERSONAL, NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO I
N COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO TH
AT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL, NON-COMMERCIAL ACTIVITY AND/
OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENCE
IS GRANTED OR WILL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE O
BTAINED FROM MPEG LA, L.L.C. See http://www.mpegla.com</p> | 170 <p>(d) THE SOURCE CODE MAY CONTAIN CODE LICENSED UNDER THE AVC PATENT PORTFOLIO
LICENCE FOR THE PERSONAL, NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO I
N COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO TH
AT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL, NON-COMMERCIAL ACTIVITY AND/
OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENCE
IS GRANTED OR WILL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE O
BTAINED FROM MPEG LA, L.L.C. See http://www.mpegla.com</p> |
| 163 <p>12. Update. Sublicensee will not circumvent Google’s or Adobe’s efforts to up
date the Adobe Software in all Sublicensee’s products incorporating the Adobe So
ftware as bundled with the Google Software (“Sublicensee's Products”).</p> | 171 <p>12. Update. Sublicensee will not circumvent Google’s or Adobe’s efforts to up
date the Adobe Software in all Sublicensee’s products incorporating the Adobe So
ftware as bundled with the Google Software (“Sublicensee's Products”).</p> |
| 164 <p>13. Attribution and Proprietary Notices. Sublicensee will list the Adobe Soft
ware in publicly available Sublicensee's Product specifications and include appr
opriate Adobe Software branding (specifically excluding the Adobe corporate logo
) on the Sublicensee's Product packaging or marketing materials in a manner cons
istent with branding of other third-party products contained within the Sublicen
see's Product.</p> | 172 <p>13. Attribution and Proprietary Notices. Sublicensee will list the Adobe Soft
ware in publicly available Sublicensee's Product specifications and include appr
opriate Adobe Software branding (specifically excluding the Adobe corporate logo
) on the Sublicensee's Product packaging or marketing materials in a manner cons
istent with branding of other third-party products contained within the Sublicen
see's Product.</p> |
| 165 <p>14. No Warranty. THE ADOBE SOFTWARE IS MADE AVAILABLE TO SUBLICENSEE FOR USE
AND REPRODUCTION “AS IS” AND ADOBE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANC
E. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS
OBTAINED BY USING THE ADOBE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRES
ENTATION OR TERM, TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED
OR LIMITED BY LAW APPLICABLE TO SUBLICENSEE IN SUBLICENSEE’S JURISDICTION, ADOBE
AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS (EXP
RESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS
TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RI
GHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PART
ICULAR PURPOSE. SUBLICENSEE AGREES THAT SUBLICENSEE SHALL NOT MAKE ANY WARRANTY,
EXPRESS OR IMPLIED, ON BEHALF OF ADOBE.</p> | 173 <p>14. No Warranty. THE ADOBE SOFTWARE IS MADE AVAILABLE TO SUBLICENSEE FOR USE
AND REPRODUCTION “AS IS” AND ADOBE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANC
E. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS
OBTAINED BY USING THE ADOBE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRES
ENTATION OR TERM, TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED
OR LIMITED BY LAW APPLICABLE TO SUBLICENSEE IN SUBLICENSEE’S JURISDICTION, ADOBE
AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS (EXP
RESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS
TO ANY MATTER, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD-PARTY RI
GHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PART
ICULAR PURPOSE. SUBLICENSEE AGREES THAT SUBLICENSEE SHALL NOT MAKE ANY WARRANTY,
EXPRESS OR IMPLIED, ON BEHALF OF ADOBE.</p> |
| 166 <p>15. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABL
E TO SUBLICENSEE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER, OR ANY CONSEQUENTI
AL, INDIRECT OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF
AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAG
ES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATI
ONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN SUBLICENSE
E’S JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR
IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE THOUSAND DOLLARS (US$
1,000). Nothing contained in this Agreement limits Adobe’s liability to Sublicen
see in the event of death or personal injury resulting from Adobe’s negligence o
r for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for
the purpose of disclaiming, excluding and/or limiting obligations, warranties a
nd liability, as provided in this Agreement, but in no other respects and for no
other purpose.</p> | 174 <p>15. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABL
E TO SUBLICENSEE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER, OR ANY CONSEQUENTI
AL, INDIRECT OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF
AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAG
ES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATI
ONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN SUBLICENSE
E’S JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR
IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE THOUSAND DOLLARS (US$
1,000). Nothing contained in this Agreement limits Adobe’s liability to Sublicen
see in the event of death or personal injury resulting from Adobe’s negligence o
r for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for
the purpose of disclaiming, excluding and/or limiting obligations, warranties a
nd liability, as provided in this Agreement, but in no other respects and for no
other purpose.</p> |
| 167 <p>16. Content Protection Terms</p> | 175 <p>16. Content Protection Terms</p> |
| 168 <p>(a) Definitions.</p> | 176 <p>(a) Definitions.</p> |
| 169 <p>“Compliance and Robustness Rules” means the document setting forth compliance
and robustness rules for the Adobe Software, located at http://www.adobe.com/mo
bile/licensees or a successor website thereto.</p> | 177 <p>“Compliance and Robustness Rules” means the document setting forth compliance
and robustness rules for the Adobe Software, located at http://www.adobe.com/mo
bile/licensees or a successor website thereto.</p> |
| 170 <p>“Content Protection Functions” means those aspects of the Adobe Software that
are designed to ensure compliance with the Compliance and Robustness Rules, and
to prevent playback, copying, modification, redistribution or other actions wit
h respect to digital content distributed for consumption by users of the Adobe S
oftware, when such actions are not authorised by the owners of such digital cont
ent or its licensed distributors.</p> | 178 <p>“Content Protection Functions” means those aspects of the Adobe Software that
are designed to ensure compliance with the Compliance and Robustness Rules, and
to prevent playback, copying, modification, redistribution or other actions wit
h respect to digital content distributed for consumption by users of the Adobe S
oftware, when such actions are not authorised by the owners of such digital cont
ent or its licensed distributors.</p> |
| 171 <p>“Content Protection Code” means code within certain designated versions of th
e Adobe Software that enables certain Content Protection Functions.</p> | 179 <p>“Content Protection Code” means code within certain designated versions of th
e Adobe Software that enables certain Content Protection Functions.</p> |
| 172 <p>“Key” means a cryptographic value contained in the Adobe Software for use in
decrypting digital content.</p> | 180 <p>“Key” means a cryptographic value contained in the Adobe Software for use in
decrypting digital content.</p> |
| 173 <p>(b) Licensing Restrictions. Sublicensee’s right to exercise the licences with
respect to the Adobe Software is subject to the following additional restrictio
ns and obligations. Sublicensee will ensure that Sublicensee’s customers comply
with these restrictions and obligations to the same extent imposed on Sublicense
e with respect to the Adobe Software; any failure by Sublicensee’s customers to
comply with these additional restrictions and obligations shall be treated as a
material breach by Sublicensee.</p> | 181 <p>(b) Licensing Restrictions. Sublicensee’s right to exercise the licences with
respect to the Adobe Software is subject to the following additional restrictio
ns and obligations. Sublicensee will ensure that Sublicensee’s customers comply
with these restrictions and obligations to the same extent imposed on Sublicense
e with respect to the Adobe Software; any failure by Sublicensee’s customers to
comply with these additional restrictions and obligations shall be treated as a
material breach by Sublicensee.</p> |
| 174 <p>b.1. Sublicensee and customers may only distribute the Adobe Software that me
ets the Robustness and Compliance Rules as so confirmed by Sublicensee during th
e verification process described above in the Adobe Terms.</p> | 182 <p>b.1. Sublicensee and customers may only distribute the Adobe Software that me
ets the Robustness and Compliance Rules as so confirmed by Sublicensee during th
e verification process described above in the Adobe Terms.</p> |
| 175 <p>b.2. Sublicensee shall not (i) circumvent the Content Protection Functions of
either the Adobe Software or any related Adobe Software that is used to encrypt
or decrypt digital content for authorised consumption by users of the Adobe Sof
tware or (ii) develop or distribute products that are designed to circumvent the
Content Protection Functions of either the Adobe Software or any Adobe Software
that is used to encrypt or decrypt digital content for authorised consumption b
y users of the Adobe Software.</p> | 183 <p>b.2. Sublicensee shall not (i) circumvent the Content Protection Functions of
either the Adobe Software or any related Adobe Software that is used to encrypt
or decrypt digital content for authorised consumption by users of the Adobe Sof
tware or (ii) develop or distribute products that are designed to circumvent the
Content Protection Functions of either the Adobe Software or any Adobe Software
that is used to encrypt or decrypt digital content for authorised consumption b
y users of the Adobe Software.</p> |
| 176 <p>(c) The Keys are hereby designated as Adobe’s Confidential Information and Su
blicensee will, with respect to the Keys, adhere to Adobe’s Source Code Handling
Procedure (to be provided by Adobe upon request).</p> | 184 <p>(c) The Keys are hereby designated as Adobe’s Confidential Information and Su
blicensee will, with respect to the Keys, adhere to Adobe’s Source Code Handling
Procedure (to be provided by Adobe upon request).</p> |
| 177 <p>(d) Injunctive Relief. Sublicensee agrees that a breach of this Agreement may
compromise the Content Protection Functions of the Adobe Software and may cause
unique and lasting harm to the interests of Adobe and owners of digital content
who rely on such Content Protection Functions, and that monetary damages may be
inadequate to compensate fully for such harm. Therefore, Sublicensee further ag
rees that Adobe may be entitled to seek injunctive relief to prevent or limit th
e harm caused by any such breach, in addition to monetary damages.</p> | 185 <p>(d) Injunctive Relief. Sublicensee agrees that a breach of this Agreement may
compromise the Content Protection Functions of the Adobe Software and may cause
unique and lasting harm to the interests of Adobe and owners of digital content
who rely on such Content Protection Functions, and that monetary damages may be
inadequate to compensate fully for such harm. Therefore, Sublicensee further ag
rees that Adobe may be entitled to seek injunctive relief to prevent or limit th
e harm caused by any such breach, in addition to monetary damages.</p> |
| 178 <p>17. Intended Third-party Beneficiary. Adobe Systems Incorporated and Adobe So
ftware Ireland Limited are the intended third-party beneficiaries of Google’s ag
reement with Sublicensee with respect to the Adobe Software, including, but not
limited to, the Adobe Terms. Sublicensee agrees, notwithstanding anything to the
contrary in its agreement with Google, that Google may disclose Sublicensee’s i
dentity to Adobe and certify in writing that Sublicensee has entered into a lice
nsing agreement with Google which includes the Adobe Terms. Sublicensee must hav
e an agreement with each of its licensees and if such licensees are allowed to r
edistribute the Adobe Software, such agreement will include the Adobe Terms.</p> | 186 <p>17. Intended Third-party Beneficiary. Adobe Systems Incorporated and Adobe So
ftware Ireland Limited are the intended third-party beneficiaries of Google’s ag
reement with Sublicensee with respect to the Adobe Software, including, but not
limited to, the Adobe Terms. Sublicensee agrees, notwithstanding anything to the
contrary in its agreement with Google, that Google may disclose Sublicensee’s i
dentity to Adobe and certify in writing that Sublicensee has entered into a lice
nsing agreement with Google which includes the Adobe Terms. Sublicensee must hav
e an agreement with each of its licensees and if such licensees are allowed to r
edistribute the Adobe Software, such agreement will include the Adobe Terms.</p> |
| 179 <p>12 April 2010</p> | |
| 180 </body> | 187 </body> |
| 181 </html> | 188 </html> |
| OLD | NEW |
|---|
Chromium Code Reviews
Issue 5102002:
Update TOS (Closed)
Base URL: svn://svn.chromium.org/chrome/trunk/src/chrome/app/resources/terms/