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Issue 5102002: Update TOS (Closed) Base URL: svn://svn.chromium.org/chrome/trunk/src/chrome/app/resources/terms/
Patch Set: Created 10 years, 1 month ago
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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 license 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 license 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 web sites (referred to collectively as the “Services” in this document and excluding any services p rovided to you by Google under a separate written agreement) is subject to the t erms of a legal agreement between you and Google. “Google” means Google Inc., wh ose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up, an d sets out some of the terms of that agreement.</p> 33 <p>1.1 Your use of Google’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services p rovided to you by Google under a separate written agreement) is subject to the t erms of a legal agreement between you and Google. “Google” means Google Inc., wh ose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up, an d 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 licenses for Google Chrome source code constitute separate written agreements . To the limited extent that the open source software licenses expressly superse de these Universal Terms, the open source licenses 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 licenses for Google Chrome source code constitute separate written agreements . To the limited extent that the open source software licenses expressly superse de these Universal Terms, the open source licenses 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 the terms set forth in A ppendix A to this document and terms of any Legal Notices applicable to the Serv ices, 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 accessible 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 the terms set forth belo w in the Google Chrome Additional Terms of Service and terms of any Legal Notice s applicable to the Services, in addition to the Universal Terms. All of these a re referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through yo ur use 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 pre-screen, r eview, flag, filter, modify, refuse or remove any or all Content from any Servic e. For some of the Services, Google may provide tools to filter out explicit sex ual content. These tools include the SafeSearch preference settings (see http:// www.google.com/help/customize.html#safe). In addition, there are commercially av ailable services and software to limit access to material that you may find obje ctionable.</p> 62 <p>7.3 Google reserves the right (but shall have no obligation) to pre-screen, r eview, flag, filter, modify, refuse or remove any or all Content from any Servic e. For some of the Services, Google may provide tools to filter out explicit sex ual content. These tools include the SafeSearch preference settings (see http:// www.google.com/help/customize.html#safe). In addition, there are commercially av ailable services and software to limit access to material that you may find obje ctionable.</p>
63 <p>7.4 You understand that by using the Services you may be exposed to Content t hat 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 t hat 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 actions (including any loss or damage which 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 actions (including any loss or damage which 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.com/permiss ions/guidelines.html (or such other URL as Google may provide for this purpose f rom 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.com/permiss ions/guidelines.html (or such other URL as Google may provide for this purpose f rom 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 int ellectual property rights which subsist in that Content (whether those rights ha ppen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no ob ligation 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 int ellectual property rights which subsist in that Content (whether those rights ha ppen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no ob ligation to do so on your behalf.</p>
70 <p>8.5 You agree that you shall not remove, obscure, or alter any proprietary ri ghts notices (including copyright and trade mark notices) which may be affixed t o or contained within the Services.</p> 70 <p>8.5 You agree that you shall not remove, obscure, or alter any proprietary ri ghts notices (including copyright and trade mark notices) which may be affixed t o or contained within the Services.</p>
71 <p>8.6 Unless you have been expressly authorized 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 organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, na mes or logos.</p> 71 <p>8.6 Unless you have been expressly authorized 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 organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, na mes or logos.</p>
72 <p>8.7 THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE 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 LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED F ROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM. </p>
73 <p><strong>9. License from Google</strong></p> 72 <p><strong>9. License from Google</strong></p>
74 <p>9.1 Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of t he Services as provided to you by Google (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefi t of 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 license to use the software provided to you by Google as part of t he Services as provided to you by Google (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefi t of 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 sp ecifically 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 sp ecifically 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-license 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-license 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 license from you</strong></p> 76 <p><strong>10. Content license from you</strong></p>
78 <p>10.1 You retain copyright and any other rights you already hold in Content wh ich you submit, post or display on or through, the Services.</p> 77 <p>10.1 You retain copyright and any other rights you already hold in Content wh ich 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 which you use may automatically download and install update s 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 fu nctions, 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 which you use may automatically download and install update s 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 fu nctions, 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 by either you or Googl e as set out below.</p> 81 <p>12.1 The Terms will continue to apply until terminated by either 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 excluding any services which Google may p rovide to you under a separate written agreement), and completely replace any pr ior 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 excluding any services which Google may p rovide to you under a separate written agreement), and completely replace any pr ior 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, regular mail, 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, regular mail, 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 which is contained in the Terms (or which Google has the benefit of unde r any applicable law), this will not be taken to be a formal waiver of Google’s rights 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 which is contained in the Terms (or which Google has the benefit of unde r any applicable law), this will not be taken to be a formal waiver of Google’s rights 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, a ny provision of the Terms which confers a benefit on (or rights in favor of) the m. Other than this, no other person or company shall be third party beneficiarie s 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, a ny provision of the Terms which confers a benefit on (or rights in favor of) the m. Other than this, no other person or company shall be third party beneficiarie s to the Terms.</p>
133 <p>19.7 The Terms, and your relationship with Google under the Terms, shall be g overned 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 o f the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Googl e 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 g overned 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 o f the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Googl e 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 cop y of Google Chrome. Extensions are small software programs, developed by Google or third parties, that can modify and enhance the functionality of Google Chrom e. Extensions may have greater privileges to access your browser or your compute r than regular webpages, 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 cop y of Google Chrome. Extensions are small software programs, developed by Google or third parties, that can modify and enhance the functionality of Google Chrom e. Extensions may have greater privileges to access your browser or your compute r than regular webpages, 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 by 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 automatically requested, downloaded, and installed without further not ice to you.</p> 135 <p>20.2 From time to time, Google Chrome may check with remote servers (hosted by 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 automatically requested, downloaded, and installed without further not ice to you.</p>
137 <p>20.3 From time to time, Google may discover an extension that violates Googl e developer terms or other legal agreements, laws, regulations or policies. Goog le Chrome will periodically download a list of such extensions from Google’s ser vers. You agree that Google may remotely disable or remove any such extension f rom user systems in its sole discretion. </p> 136 <p>20.3 From time to time, Google may discover an extension that violates Googl e developer terms or other legal agreements, laws, regulations or policies. Goog le Chrome will periodically download a list of such extensions from Google’s ser vers. You agree that Google may remotely disable or remove any such extension f rom user systems in 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 authorized to do bu siness in the country or countries where you operate, and that your employees, o fficers, representatives, and other agents accessing the Service are duly author ized 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 license grant in Section 9, Google grants you a non-exclusive, non-transferable license to reproduce, distr ibute, install, and use Google Chrome solely on machines intended for use by you r employees, officers, representatives, and agents in connection with your busin ess entity, and provided that their use of Google Chrome will be subject to the Terms.</p>
140 <p>August 12, 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 LICENSE 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 OBTAINE D FROM A VIDEO PARTNER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG 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 the 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 the following additional terms (the “Adobe Terms”). You, the entity receiving the Adobe Software, will be hereinafter referred to as “Sublicensee.”</p>
141 <p>1. License Restrictions.</p> 149 <p>1. License Restrictions.</p>
142 <p>(a) Flash Player, Version 10.x is designed only as a browser plug-in. Sublic ensee 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, Sublicens ee will not modify this Adobe Software in order to allow interoperation with app lications that run outside of the browser (e.g., standalone applications, widget s, device UI).</p> 150 <p>(a) Flash Player, Version 10.x is designed only as a browser plug-in. Sublic ensee 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, Sublicens ee will not modify this Adobe Software in order to allow interoperation with app lications that run outside of the browser (e.g., standalone applications, widget s, device 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 playback 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 playback 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 utilize 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 utilize 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 Software from a web site, the Internet, an intranet, or similar technology (an, “Electronic Transmissions”) provided that Sublicensee agrees that any distributi ons 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 subject to reasonable security measures to prevent unauthorized use. With re lation to Electronic Transmissions approved hereunder, Sublicensee agrees to emp loy any reasonable use restrictions set by Adobe, including those related to sec urity and/or the restriction of distribution to end users of the Sublicensee Pro duct.</p> 155 <p>2. Electronic Transmission. Sublicensee may allow the download of the Adobe Software from a web site, the Internet, an intranet, or similar technology (an, “Electronic Transmissions”) provided that Sublicensee agrees that any distributi ons 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 subject to reasonable security measures to prevent unauthorized use. With re lation to Electronic Transmissions approved hereunder, Sublicensee agrees to emp loy any reasonable use restrictions set by Adobe, including those related to sec urity and/or the restriction of distribution to end users of the Sublicensee Pro duct.</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 license agreement, in favor of Sublicensee and its suppliers containing at least each of the following minimum terms (the “End -User License”): (i) a prohibition against distribution and copying, (ii) a proh ibition against modifications and derivative works, (iii) a prohibition against decompiling, reverse engineering, disassembling, and otherwise reducing the Adob e Software to a human-perceivable form, (iv) a provision indicating ownership of Sublicensee Product (as defined in Section 8) by Sublicensee and its licensors, (v) a disclaimer of indirect, special, incidental, punitive, and consequential damages, and (vi) other industry standard disclaimers and limitations, including , as applicable: a disclaimer of all applicable statutory warranties, to the ful l 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 license agreement, in favor of Sublicensee and its suppliers containing at least each of the following minimum terms (the “End -User License”): (i) a prohibition against distribution and copying, (ii) a proh ibition against modifications and derivative works, (iii) a prohibition against decompiling, reverse engineering, disassembling, and otherwise reducing the Adob e Software to a human-perceivable form, (iv) a provision indicating ownership of Sublicensee Product (as defined in Section 8) by Sublicensee and its licensors, (v) a disclaimer of indirect, special, incidental, punitive, and consequential damages, and (vi) other industry standard disclaimers and limitations, including , as applicable: a disclaimer of all applicable statutory warranties, to the ful l extent allowed by law.</p>
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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/mob ile/licensees, or a successor web site 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/mob ile/licensees, or a successor web site 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 authorized by the owners of such digital conte nt 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 authorized by the owners of such digital conte nt 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) License Restrictions. Sublicensee’s right to exercise the licenses with r espect to the Adobe Software is subject to the following additional restrictions and obligations. Sublicensee will ensure that Sublicensee’s customers comply w ith these restrictions and obligations to the same extent imposed on Sublicensee with respect to the Adobe Software; any failure by Sublicensee’s customers to c omply with these additional restrictions and obligations shall be treated as a m aterial breach by Sublicensee.</p> 181 <p>(b) License Restrictions. Sublicensee’s right to exercise the licenses with r espect to the Adobe Software is subject to the following additional restrictions and obligations. Sublicensee will ensure that Sublicensee’s customers comply w ith these restrictions and obligations to the same extent imposed on Sublicensee with respect to the Adobe Software; any failure by Sublicensee’s customers to c omply with these additional restrictions and obligations shall be treated as a m aterial 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 authorized consumption by users of the Adobe Sof tware, or (ii) develop or distribute products that are designed to circumvent th e Content Protection Functions of either the Adobe Software or any Adobe Softwar e that is used to encrypt or decrypt digital content for authorized consumption by 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 authorized consumption by users of the Adobe Sof tware, or (ii) develop or distribute products that are designed to circumvent th e Content Protection Functions of either the Adobe Software or any Adobe Softwar e that is used to encrypt or decrypt digital content for authorized consumption by users of the Adobe Software.</p>
176 <p>(c) The Keys are hereby designated as Adobe’s Confidential Information, and Sublicensee will, with respect to the Keys, adhere to Adobe’s Source Code Ha ndling Procedure (to be provided by Adobe upon request).</p> 184 <p>(c) The Keys are hereby designated as Adobe’s Confidential Information, and Sublicensee will, with respect to the Keys, adhere to Adobe’s Source Code Ha ndling Procedure (to be provided by Adobe upon request).</p>
177 <p>(d) Injunctive Relief. Sublicensee agrees that a breach of this Agreement m ay compromise the Content Protection Functions of the Adobe Software and may cau se unique and lasting harm to the interests of Adobe and owners of digital conte nt that rely on such Content Protection Functions, and that monetary damages may be inadequate to compensate fully for such harm. Therefore, Sublicensee furthe r agrees that Adobe may be entitled to seek injunctive relief to prevent or limi t the 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 m ay compromise the Content Protection Functions of the Adobe Software and may cau se unique and lasting harm to the interests of Adobe and owners of digital conte nt that rely on such Content Protection Functions, and that monetary damages may be inadequate to compensate fully for such harm. Therefore, Sublicensee furthe r agrees that Adobe may be entitled to seek injunctive relief to prevent or limi t the harm caused by any such breach, in addition to monetary damages.</p>
178 <p>17. Intended Third-party Beneficiary. Adobe Systems Incorporated and Adobe S oftware Ireland Limited are the intended third-party beneficiaries of Google’s a greement 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 nse agreement with Google which includes the Adobe Terms. Sublicensee must have 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 S oftware Ireland Limited are the intended third-party beneficiaries of Google’s a greement 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 nse agreement with Google which includes the Adobe Terms. Sublicensee must have 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>April 12, 2010</p>
180 </body> 187 </body>
181 </html> 188 </html>
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