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| 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 chrome://credits.</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> | |
| 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 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 u
se 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> | |
| 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> | |
| 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> | |
| 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> | |
| 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> | |
| 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> | |
| 46 <p><strong>4. Provision of the Services by Google</strong></p> | |
| 47 <p>4.1 Google has subsidiaries and affiliated legal entities around the world (“
Subsidiaries and Affiliates”). Sometimes, these companies will be providing the
Services to you on behalf of Google itself. You acknowledge and agree that Subsi
diaries and Affiliates will be entitled to provide the Services to you.</p> | |
| 48 <p>4.2 Google is constantly innovating in order to provide the best possible exp
erience for its users. You acknowledge and agree that the form and nature of the
Services which Google provides may change from time to time without prior notic
e to you.</p> | |
| 49 <p>4.3 As part of this continuing innovation, you acknowledge and agree that Goo
gle may stop (permanently or temporarily) providing the Services (or any feature
s within the Services) to you or to users generally at Google’s sole discretion,
without prior notice to you. You may stop using the Services at any time. You d
o not need to specifically inform Google when you stop using the Services.</p> | |
| 50 <p>4.4 You acknowledge and agree that if Google disables access to your account,
you may be prevented from accessing the Services, your account details or any f
iles or other content which is contained in your account.</p> | |
| 51 <p><strong>5. Use of the Services by you</strong></p> | |
| 52 <p>5.1 You agree to use the Services only for purposes that are permitted by (a)
the Terms and (b) any applicable law, regulation or generally accepted practice
s or guidelines in the relevant jurisdictions (including any laws regarding the
export of data or software to and from the United States or other relevant count
ries).</p> | |
| 53 <p>5.2 You agree that you will not engage in any activity that interferes with o
r disrupts the Services (or the servers and networks which are connected to the
Services).</p> | |
| 54 <p>5.3 Unless you have been specifically permitted to do so in a separate agreem
ent with Google, you agree that you will not reproduce, duplicate, copy, sell, t
rade or resell the Services for any purpose.</p> | |
| 55 <p>5.4 You agree that you are solely responsible for (and that Google has no res
ponsibility to you or to any third party for) any breach of your obligations und
er the Terms and for the consequences (including any loss or damage which Google
may suffer) of any such breach.</p> | |
| 56 <p><strong>6. Privacy and your personal information</strong></p> | |
| 57 <p>6.1 For information about Google’s data protection practices, please read Goo
gle’s privacy policy at http://www.google.com/privacy.html and at http://www.goo
gle.com/chrome/intl/en/privacy.html. This policy explains how Google treats your
personal information, and protects your privacy, when you use the Services.</p> | |
| 58 <p>6.2 You agree to the use of your data in accordance with Google’s privacy pol
icies.</p> | |
| 59 <p><strong>7. Content in the Services</strong></p> | |
| 60 <p>7.1 You understand that all information (such as data files, written text, co
mputer software, music, audio files or other sounds, photographs, videos or othe
r images) which you may have access to as part of, or through your use of, the S
ervices are the sole responsibility of the person from which such content origin
ated. All such information is referred to below as the “Content.”</p> | |
| 61 <p>7.2 You should be aware that Content presented to you as part of the Services
, including but not limited to advertisements in the Services and sponsored Cont
ent within the Services may be protected by intellectual property rights which a
re owned by the sponsors or advertisers who provide that Content to Google (or b
y other persons or companies on their behalf). You may not modify, rent, lease,
loan, sell, distribute or create derivative works based on this Content (either
in whole or in part) unless you have been specifically told that you may do so b
y Google or by the owners of that Content, in a separate agreement.</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 https:/
/support.google.com/websearch/answer/510). 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 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> | |
| 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> | |
| 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> | |
| 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> | |
| 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><strong>9. License from Google</strong></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> | |
| 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> | |
| 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> | |
| 76 <p><strong>10. Content license from you</strong></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> | |
| 78 <p><strong>11. Software updates</strong></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> | |
| 80 <p><strong>12. Ending your relationship with Google</strong></p> | |
| 81 <p>12.1 The Terms will continue to apply until terminated by either you or Googl
e as set out below.</p> | |
| 82 <p>12.2 Google may at any time, terminate its legal agreement with you if:</p> | |
| 83 <p>(A) you have breached any provision of the Terms (or have acted in manner whi
ch clearly shows that you do not intend to, or are unable to comply with the pro
visions of the Terms); or</p> | |
| 84 <p>(B) Google is required to do so by law (for example, where the provision of t
he Services to you is, or becomes, unlawful); or</p> | |
| 85 <p>(C) the partner with whom Google offered the Services to you has terminated i
ts relationship with Google or ceased to offer the Services to you; or</p> | |
| 86 <p>(D) Google is transitioning to no longer providing the Services to users in t
he country in which you are resident or from which you use the service; or</p> | |
| 87 <p>(E) the provision of the Services to you by Google is, in Google’s opinion, n
o longer commercially viable.</p> | |
| 88 <p>12.3 Nothing in this Section shall affect Google’s rights regarding provision
of Services under Section 4 of the Terms.</p> | |
| 89 <p>12.4 When these Terms come to an end, all of the legal rights, obligations an
d liabilities that you and Google have benefited from, been subject to (or which
have accrued over time whilst the Terms have been in force) or which are expres
sed to continue indefinitely, shall be unaffected by this cessation, and the pro
visions of paragraph 19.7 shall continue to apply to such rights, obligations an
d liabilities indefinitely.</p> | |
| 90 <p><strong>13. EXCLUSION OF WARRANTIES</strong></p> | |
| 91 <p>13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR L
IMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDE
D OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FO
R LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED T
ERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS
WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL B
E LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p> | |
| 92 <p>13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT Y
OUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAIL
ABLE.”</p> | |
| 93 <p>13.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSOR
S DO NOT REPRESENT OR WARRANT TO YOU THAT:</p> | |
| 94 <p>(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,</p> | |
| 95 <p>(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FR
OM ERROR,</p> | |
| 96 <p>(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES W
ILL BE ACCURATE OR RELIABLE, AND</p> | |
| 97 <p>(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED T
O YOU AS PART OF THE SERVICES WILL BE CORRECTED.</p> | |
| 98 <p>13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SER
VICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPON
SIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THA
T RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.</p> | |
| 99 <p>13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
GOOGLE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY S
TATED IN THE TERMS.</p> | |
| 100 <p>13.6 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARR
ANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND N
ON-INFRINGEMENT.</p> | |
| 101 <p><strong>14. LIMITATION OF LIABILITY</strong></p> | |
| 102 <p>14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDE
RSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS
SHALL NOT BE LIABLE TO YOU FOR:</p> | |
| 103 <p>(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMA
GES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILI
TY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCU
RRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY L
OSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OT
HER INTANGIBLE LOSS;</p> | |
| 104 <p>(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITE
D TO LOSS OR DAMAGE AS A RESULT OF:</p> | |
| 105 <p>(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF
ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU A
ND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;</p> | |
| 106 <p>(II) ANY CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT
OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN
THE SERVICES);</p> | |
| 107 <p>(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OT
HER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE
SERVICES;</p> | |
| 108 <p>(IV) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION;</p> | |
| 109 <p>(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDEN
TIAL;</p> | |
| 110 <p>14.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHA
LL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF
THE POSSIBILITY OF ANY SUCH LOSSES ARISING.</p> | |
| 111 <p><strong>15. Copyright and trade mark policies</strong></p> | |
| 112 <p>15.1 It is Google’s policy to respond to notices of alleged copyright infring
ement that comply with applicable international intellectual property law (inclu
ding, in the United States, the Digital Millennium Copyright Act) and to termina
ting the accounts of repeat infringers. Details of Google’s policy can be found
at http://www.google.com/dmca.html.</p> | |
| 113 <p>15.2 Google operates a trade mark complaints procedure in respect of Google’s
advertising business, details of which can be found at http://www.google.com/tm
_complaint.html.</p> | |
| 114 <p><strong>16. Advertisements</strong></p> | |
| 115 <p>16.1 Some of the Services are supported by advertising revenue and may displa
y advertisements and promotions. These advertisements may be targeted to the con
tent of information stored on the Services, queries made through the Services or
other information.</p> | |
| 116 <p>16.2 The manner, mode and extent of advertising by Google on the Services are
subject to change without specific notice to you.</p> | |
| 117 <p>16.3 In consideration for Google granting you access to and use of the Servic
es, you agree that Google may place such advertising on the Services.</p> | |
| 118 <p><strong>17. Other content</strong></p> | |
| 119 <p>17.1 The Services may include hyperlinks to other web sites or content or res
ources. Google may have no control over any web sites or resources which are pro
vided by companies or persons other than Google.</p> | |
| 120 <p>17.2 You acknowledge and agree that Google is not responsible for the availab
ility of any such external sites or resources, and does not endorse any advertis
ing, products or other materials on or available from such web sites or resource
s.</p> | |
| 121 <p>17.3 You acknowledge and agree that Google is not liable for any loss or dama
ge which may be incurred by you as a result of the availability of those externa
l sites or resources, or as a result of any reliance placed by you on the comple
teness, accuracy or existence of any advertising, products or other materials on
, or available from, such web sites or resources.</p> | |
| 122 <p><strong>18. Changes to the Terms</strong></p> | |
| 123 <p>18.1 Google may make changes to the Universal Terms or Additional Terms from
time to time. When these changes are made, Google will make a new copy of the Un
iversal Terms available at http://www.google.com/chrome/intl/en/eula_text.html a
nd any new Additional Terms will be made available to you from within, or throug
h, the affected Services.</p> | |
| 124 <p>18.2 You understand and agree that if you use the Services after the date on
which the Universal Terms or Additional Terms have changed, Google will treat yo
ur use as acceptance of the updated Universal Terms or Additional Terms.</p> | |
| 125 <p><strong>19. General legal terms</strong></p> | |
| 126 <p>19.1 Sometimes when you use the Services, you may (as a result of, or in conn
ection with your use of the Services) use a service or download a piece of softw
are, or purchase goods, which are provided by another person or company. Your us
e of these other services, software or goods may be subject to separate terms be
tween you and the company or person concerned. If so, the Terms do not affect yo
ur legal relationship with these other companies or individuals.</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> | |
| 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> | |
| 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> | |
| 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> | |
| 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> | |
| 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> | |
| 133 <p><strong>20. Additional Terms for Extensions for Google Chrome</strong></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> | |
| 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> | |
| 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> | |
| 141 <br> | |
| 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> | |
| 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> | |
| 149 <p>1. License Restrictions.</p> | |
| 150 <p>(a) Flash Player, Version 10.x is designed only as a browser plugin. Sublice
nsee may not modify or distribute this Adobe Software for use as anything but a
browser plugin 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 of the browser (e.g., standalone applications, widgets,
device UI).</p> | |
| 151 <p>(b) Sublicensee will not expose any APIs of the Flash Player, Version 10.x th
rough a browser plugin 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> | |
| 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> | |
| 153 <p>(d) Adobe DRM must be enabled in the Chrome-Reader Software for all Adobe DRM
protected PDF and EPUB documents.</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> | |
| 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> | |
| 156 <p>3. EULA and Distribution Terms.</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> | |
| 158 <p>(b) Sublicensee shall ensure that the Adobe Software is distributed to Sublic
ensee’s distributors under an enforceable distribution license agreement, in fav
or of Sublicensee and its suppliers containing terms as protective of Adobe as t
he Adobe Terms.</p> | |
| 159 <p>4. Opensource. 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 license or scheme in which there is or could be interpreted to b
e a requirement that as a condition of use, modification and/or distribution, th
e Adobe Software be: (i) disclosed or distributed in source code form; (ii) lice
nsed 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 Softwar
e as bundled with the Google Software, without charge.</p> | |
| 160 <p>5. Additional Terms. With respect to any update, upgrade, new versions of th
e Adobe Software (collectively “Upgrades”) provided to Sublicenses, Adobe reserv
es the right to require additional terms and conditions applicable solely to the
Upgrade and future versions thereof, and solely to the extent that such restric
tions are imposed by Adobe on all licensees of such Upgrade. If Sublicensee doe
s not agree to such additional terms or conditions, Sublicensee will have no lic
ense rights with respect to such Upgrade, and Sublicensee’s license rights with
respect to the Adobe Software will terminate automatically on the 90th day from
the date such additional terms are made available to Sublicensee.</p> | |
| 161 <p>6. Proprietary Rights Notices. Sublicensee shall not, and shall require its
distributors not to, delete or in any manner alter the copyright notices, tradem
arks, logos or related notices, or other proprietary rights notices of Adobe (an
d its licensors, if any) appearing on or within the Adobe Software or accompanyi
ng materials.</p> | |
| 162 <p>7. Technical Requirements. Sublicensee and its distributors may only distrib
ute Adobe Software and/or Upgrade on devices that (i) meet the technical specifi
cations posted on http://www.adobe.com/mobile/licensees, (or a successor web sit
e thereto), and (ii) has been verified by Adobe as set forth below.</p> | |
| 163 <p>8. Verification and Update. Sublicensee must submit to Adobe each Sublicense
e product (and each version thereof) containing the Adobe Software and/or Upgrad
e (“Sublicensee Product”) that do not meet the Device Verification exemption cri
teria to be communicated by Google, for Adobe to verify. Sublicensee shall pay
for each submission made by Sublicensee by procuring verification packages at Ad
obe’s then-current terms set forth at http://flashmobile.adobe.com/. Sublicense
e 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”).</p> | |
| 164 <p>9. Profiles and Device Central. Sublicensee will be prompted to enter certai
n profile information about the Sublicensee Products either as part of the Verif
ication process or some other method, and Sublicensee will provide such informat
ion, to Adobe. Adobe may (i) use such profile information as reasonably necessa
ry to verify the Sublicensee Product (if such product is subject to Verification
), and (ii) display such profile information in “Adobe Device Intelligence syste
m,” located at https://devices.adobe.com/partnerportal/, and made available thro
ugh Adobe’s authoring and development tools and services to enable developers an
d end users to see how content or applications are displayed in Sublicensee Prod
ucts (e.g. how video images appear in certain phones).</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 appropriat
e United States and foreign governmental clearances, if any.</p> | |
| 166 <p>11. Technology Pass-through Terms.</p> | |
| 167 <p>(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 e
ncoding or decoding of MP3 data contained within a swf or flv file, which contai
ns video, picture or other data. Sublicensee shall acknowledge that use of the A
dobe Software for non-PC devices, as described in the prohibitions in this secti
on, may require the payment of licensing royalties or other amounts to third par
ties who may hold intellectual property rights related to the MP3 technology and
that Adobe nor Sublicensee has not paid any royalties or other amounts on accou
nt of third party intellectual property rights for such use. If Sublicensee requ
ires an MP3 encoder or decoder for such use, Sublicensee is responsible for obta
ining the necessary intellectual property license, including any applicable pate
nt rights.</p> | |
| 168 <p>(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 enab
le the Adobe Software to decode video in the Flash video file format (.flv or .f
4v), 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> | |
| 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
proper patent license 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 license for an AAC Codec und
er this Agreement to Sublicensee or its sublicensees.</p> | |
| 170 <p>(d) THE SOURCE CODE MAY CONTAIN CODE LICENSED UNDER THE AVC PATENT PORTFOLIO
LICENSE 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 THA
T 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 LICENSE I
S GRANTED OR WILL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OB
TAINED FROM MPEG LA, L.L.C. See http://www.mpegla.com</p> | |
| 171 <p>12. Update. Sublicensee will not circumvent Google’s or Adobe’s efforts to u
pdate the Adobe Software in all Sublicensee’s products incorporating the Adobe S
oftware as bundled with the Google Software (“Sublicensee Products”).</p> | |
| 172 <p>13. Attribution and Proprietary Notices. Sublicensee will list the Adobe Sof
tware in publicly available Sublicensee Product specifications and include appro
priate Adobe Software branding (specifically excluding the Adobe corporate logo)
on the Sublicensee Product packaging or marketing materials in a manner consist
ent with branding of other third party products contained within the Sublicensee
Product.</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 PERFORMAN
CE. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT
S OBTAINED BY USING THE ADOBE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REP
RESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDE
D OR LIMITED BY LAW APPLICABLE TO SUBLICENSEEIN SUBLICENSEE’S JURISDICTION, ADOB
E AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (E
XPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS
TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHT
S, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTIC
ULAR PURPOSE. SUBLICENSEE AGREES THAT SUBLICENSEE SHALL NOT MAKE ANY WARRANTY,
EXPRESS OR IMPLIED, ON BEHALF OF ADOBE.</p> | |
| 174 <p>15. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIAB
LE 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 I
F AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMA
GES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITAT
IONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN SUBLICENS
EE’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 (U
S$1,000). Nothing contained in this Agreement limits Adobe’s liability to Subli
censee in the event of death or personal injury resulting from Adobe’s negligenc
e or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers
for the purpose of disclaiming, excluding and/or limiting obligations, warranti
es and liability as provided in this Agreement, but in no other respects and for
no other purpose.</p> | |
| 175 <p>16. Content Protection Terms</p> | |
| 176 <p>(a) Definitions.</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> | |
| 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> | |
| 179 <p>“Content Protection Code” means code within certain designated versions of th
e Adobe Software that enables certain Content Protection Functions.</p> | |
| 180 <p>“Key” means a cryptographic value contained in the Adobe Software for use in
decrypting digital content.</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> | |
| 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> | |
| 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> | |
| 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> | |
| 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> | |
| 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> | |
| 187 </body> | |
| 188 </html> | |
| OLD | NEW |
|---|
Chromium Code Reviews
Issue 1679283002:
Componentize Chrome terms of service, Accept-Languages & default encoding. (Closed)
Base URL: https://chromium.googlesource.com/chromium/src.git@master