terms_en-GB.html - Issue 5102002: Update TOS

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Issue 5102002: Update TOS (Closed) Base URL: svn://svn.chromium.org/chrome/trunk/src/chrome/app/resources/terms/

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1. Your relationship with Google

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 provided to you by Google under a separate written agreement) is subject to the terms of a legal agreement between you and Google. “Google” means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with Google, your agreement with Google will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”. Open-source software licences for Google Chrome source code constitute separate written agreements. To the limited extent that the open-source software licences expressly supersede these Universal Terms, the open-source licences govern your agreement with Google for the use of Google Chrome or specific included components of Google Chrome.

-1.3 Your agreement with Google will also include the terms set forth in Appendix 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 accessible for you to read either within or through your use of that Service.

+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 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 accessible for you to read either within or through your use of that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding 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, this legal agreement is referred to below as the “Terms”.

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

@@ -69,7 +69,6 @@

8.4 Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on or through the Services, including any intellectual property rights which subsist in that Content (whether those rights happen 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 obligation to do so on your behalf.

8.5 You agree that you shall not remove, obscure or alter any proprietary rights notices (including copyright and trade-mark notices) that may be affixed to or contained within the Services.

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 mark, 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, names or logos.

-8.7 THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENCE FOR THE PERSONAL 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 SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.

9. Licence from Google

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 the Services provided to you by Google (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by the Terms.

9.2 Subject to section 1.2, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse-engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law or unless you have been specifically told that you may do so by Google, in writing.

@@ -135,28 +134,37 @@

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 data.

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, but not limited to bug fixes or enhanced functionality. You agree that such updates will be requested automatically, downloaded and installed without further notice to you.

20.3 From time to time, Google may discover an extension that violates Google developer terms or other legal agreements, laws, regulations or policies. Google Chrome will periodically download a list of such extensions from Google’s servers. You agree that Google may remotely disable or remove any such extension from user systems at its sole discretion.

+21. Additional Terms for Enterprise Use

+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 business in the country or countries where you operate and that your employees, officers, representatives and other agents accessing the Service are duly authorised to access Google Chrome and to legally bind you to these Terms.

+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, distribute, 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 Terms.

+12 August 2010

-<h2>Appendix A</h2>

+<hr>

+

+<h2>Google Chrome Additional Terms of Service</h2>

+MPEGLA

+THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENCE FOR THE PERSONAL 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 SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.

+Adobe

Google Chrome may include one or more components provided by Adobe Systems Incorporated 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”.

1. Licensing Restrictions.

(a) Flash Player, Version 10.x is designed only as a browser plug-in. Sublicensee 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 applications that run outside the browser (e.g. stand-alone applications, widgets, device UI).

(b) Sublicensee will not expose any APIs of the Flash Player, Version 10.x through 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.

(c) The Chrome-Reader Software may not be used to render any PDF or EPUB documents that utilise digital-rights management protocols or systems other than Adobe DRM.

(d) Adobe DRM must be enabled in the Chrome-Reader Software for all Adobe DRM-protected PDF and EPUB documents.

-(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.

+(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.

2. Electronic Transmission. Sublicensee may allow the download of the Adobe Software from a website, the Internet, an intranet or similar technology (“Electronic 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 subject 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 Product.

3. EULA and Distribution Terms.

-(a) Sublicensee shall ensure that the Adobe Software is distributed to end users under an enforceable end-user licence agreement, in favour of Sublicensee and its suppliers, containing at least each of the following minimum terms (the “End-User Licence”): (i) a prohibition against distribution and copying, (ii) a prohibition against modifications and derivative works, (iii) a prohibition against decompiling, reverse-engineering, disassembling and otherwise reducing the Adobe Software to a human-perceivable form, (iv) a provision indicating ownership of Sublicensee's 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 full extent allowed by law.

+(a) Sublicensee shall ensure that the Adobe Software is distributed to end users under an enforceable end-user licence agreement, in favour of Sublicensee and its suppliers, containing at least each of the following minimum terms (the “End-User Licence”): (i) a prohibition against distribution and copying, (ii) a prohibition against modifications and derivative works, (iii) a prohibition against decompiling, reverse-engineering, disassembling and otherwise reducing the Adobe Software to a human-perceivable form, (iv) a provision indicating ownership of Sublicensee's 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 full extent allowed by law.

(b) Sublicensee shall ensure that the Adobe Software is distributed to Sublicensee’s distributors under an enforceable distribution licence agreement, in favour of Sublicensee and its suppliers, containing terms as protective of Adobe as the Adobe Terms.

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 intellectual 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) licensed for the purpose of making derivative works; or (iii) redistributable at no charge. For clarification purposes, the foregoing restriction does not preclude Sublicensee from distributing, and Sublicensee will distribute the Adobe Software as bundled with the Google Software, without charge.

-5. Additional Terms. With respect to any update, upgrade, new versions of the Adobe Software (collectively “Upgrades”) provided to Sublicenses, Adobe reserves the right to require additional terms and conditions applicable solely to the Upgrade and future versions thereof, and solely to the extent that such restrictions 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 licensing 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.

+5. Additional Terms. With respect to any update, upgrade and new versions of the Adobe Software (collectively “Upgrades”) provided to Sublicenses, Adobe reserves the right to require additional terms and conditions applicable solely to the Upgrade and future versions thereof, and solely to the extent that such restrictions 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 licensing 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.

6. Proprietary Rights Notices. Sublicensee shall not, and shall require its distributors not to, delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Adobe (and its licensors, if any) appearing on or within the Adobe Software or accompanying materials.

7. Technical Requirements. Sublicensee and its distributors may only distribute Adobe Software and/or Upgrade on devices that (i) meet the technical specifications posted on http://www.adobe.com/mobile/licensees, (or a successor website thereto) and (ii) have been verified by Adobe, as set forth below.

-8. Verification and Update. Sublicensee must submit to Adobe each Sublicensee's product (and each version thereof) containing the Adobe Software and/or Upgrade (“Sublicensee's Product”) that do not meet the Device Verification exemption criteria to be communicated by Google, for Adobe to verify. Sublicensee shall pay for each submission made by Sublicensee by procuring verification packages at Adobe’s then-current terms set forth at http://flashmobile.adobe.com/. Sublicensee's Product that has not passed verification may not be distributed. Verification will be accomplished in accordance with Adobe’s then-current process described at http://flashmobile.adobe.com/ (“Verification”).

+8. Verification and Update. Sublicensee must submit to Adobe each Sublicensee's product (and each version thereof) containing the Adobe Software and/or Upgrade (“Sublicensee's Product”) that do not meet the Device Verification exemption criteria to be communicated by Google, for Adobe to verify. Sublicensee shall pay for each submission made by Sublicensee by procuring verification packages under 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 distributed. Verification will be accomplished in accordance with the Adobe process applicable at the time described at http://flashmobile.adobe.com/ (“Verification”).

9. Profiles and Device Central. Sublicensee will be prompted to enter certain profile information about the Sublicensee's Products, either as part of the Verification process or some other method, and Sublicensee will provide such information to Adobe. Adobe may (i) use such profile information as reasonably necessary to verify the Sublicensee's Product (if such product is subject to Verification), and (ii) display such profile information in “Adobe Device Intelligence system”, located at https://devices.adobe.com/partnerportal/, and made available through 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).

10. Export. Sublicensee acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of 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.

11. Technology Pass-through Terms.

-(a) Except pursuant to applicable permissions or agreements therefor, from or with the applicable parties, Sublicensees shall not use, and shall not allow the use of, the Adobe Software for the encoding or decoding of MP3 audio-only (.MP3) 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 encoding or decoding of MP3 data contained within an SWF or FLV file, which contains 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 section, may require the payment of licensing royalties or other amounts to third parties 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 account 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.

+(a) Except pursuant to applicable permissions or agreements therefore, from or with the applicable parties, Sublicensees shall not use, and shall not allow the use of, the Adobe Software for the encoding or decoding of MP3 audio-only (.MP3) 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 encoding or decoding of MP3 data contained within an SWF or FLV file, which contains 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 section, may require the payment of licensing royalties or other amounts to third parties 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 account 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.

(b) Sublicensee will not use, copy, reproduce and modify (i) the On2 source code (provided hereunder as a component of the Source Code), as necessary, to enable 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 applications.

(c) The Source Code may be provided with an AAC codec and/or HE-AAC codec (“the AAC Codec”). Use of the AAC Codec is conditioned on Sublicensee obtaining a proper patent licence covering necessary patents, as provided by VIA Licensing, for end products on or in which the AAC Codec will be used. Sublicensee acknowledges and agrees that Adobe is not providing a patent licence for an AAC Codec under this Agreement to Sublicensee or its sublicensees.

(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 IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT 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 OBTAINED FROM MPEG LA, L.L.C. See http://www.mpegla.com

@@ -176,6 +184,5 @@

(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 Handling Procedure (to be provided by Adobe upon request).

(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 agrees that Adobe may be entitled to seek injunctive relief to prevent or limit the harm caused by any such breach, in addition to monetary damages.

17. Intended Third-party Beneficiary. Adobe Systems Incorporated and Adobe Software Ireland Limited are the intended third-party beneficiaries of Google’s agreement 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 identity to Adobe and certify in writing that Sublicensee has entered into a licensing 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 redistribute the Adobe Software, such agreement will include the Adobe Terms.

-12 April 2010

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