| ANDROID SOFTWARE DEVELOPMENT KIT |
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| Terms and Conditions |
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| This is the Android Software Development Kit License Agreement. |
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| 1. Introduction |
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| 1.1 The Android Software Development Kit (referred to in this License Agreement as the "SDK" and |
| specifically including the Android system files, packaged APIs, and Google APIs add-ons) is |
| licensed to you subject to the terms of this License Agreement. This License Agreement forms a |
| legally binding contract between you and Google in relation to your use of the SDK. |
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| 1.2 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600 |
| Amphitheatre Parkway, Mountain View, CA 94043, United States. |
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| 2. Accepting this License Agreement |
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| 2.1 In order to use the SDK, you must first agree to this License Agreement. You may not use the |
| SDK if you do not accept this License Agreement. |
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| 2.2 You can accept this License Agreement by: |
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| (A) clicking to accept or agree to this License Agreement, where this option is made available to |
| you; or |
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| (B) by actually using the SDK. In this case, you agree that use of the SDK constitutes acceptance of |
| the Licensing Agreement from that point onwards. |
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| 2.3 You may not use the SDK and may not accept the Licensing Agreement if you are a person barred |
| from receiving the SDK under the laws of the United States or other countries including the country |
| in which you are resident or from which you use the SDK. |
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| 2.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or other |
| entity, you represent and warrant that you have full legal authority to bind your employer or such |
| entity to this License Agreement. If you do not have the requisite authority, you may not accept |
| the Licensing Agreement or use the SDK on behalf of your employer or other entity. |
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| 3. SDK License from Google |
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| 3.1 Subject to the terms of this License Agreement, Google grants you a limited, worldwide, |
| royalty-free, non- assignable and non-exclusive license to use the SDK solely to develop |
| applications to run on the Android platform. |
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| 3.2 You agree that Google or third parties own all legal right, title and interest in and to the |
| SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property |
| Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, |
| and any and all other proprietary rights. Google reserves all rights not expressly granted to you. |
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| 3.3 Except to the extent required by applicable third party licenses, you may not copy (except for |
| backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create |
| derivative works of the SDK or any part of the SDK. Except to the extent required by applicable |
| third party licenses, you may not load any part of the SDK onto a mobile handset or any other |
| hardware device except a personal computer, combine any part of the SDK with other software, or |
| distribute any software or device incorporating a part of the SDK. |
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| 3.4 Use, reproduction and distribution of components of the SDK licensed under an open source |
| software license are governed solely by the terms of that open source software license and not |
| this License Agreement. |
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| 3.5 You agree that the form and nature of the SDK that Google provides may change without prior |
| notice to you and that future versions of the SDK may be incompatible with applications developed |
| on previous versions of the SDK. You agree that Google may stop (permanently or temporarily) |
| providing the SDK (or any features within the SDK) to you or to users generally at Google's sole |
| discretion, without prior notice to you. |
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| 3.6 Nothing in this License Agreement gives you a right to use any of Google's trade names, |
| trademarks, service marks, logos, domain names, or other distinctive brand features. |
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| 3.7 You agree that you will not remove, obscure, or alter any proprietary rights notices (including |
| copyright and trademark notices) that may be affixed to or contained within the SDK. |
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| 4. Use of the SDK by You |
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| 4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under |
| this License Agreement in or to any software applications that you develop using the SDK, including |
| any intellectual property rights that subsist in those applications. |
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| 4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) this |
| License Agreement and (b) any applicable law, regulation or generally accepted practices 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 countries). |
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| 4.3 You agree that if you use the SDK to develop applications for general public users, you will |
| protect the privacy and legal rights of those users. If the users provide you with user names, |
| passwords, or other login information or personal information, your must make the users aware that |
| the information will be available to your application, and you must provide legally adequate privacy |
| notice and protection for those users. If your application stores personal or sensitive information |
| provided by users, it must do so securely. If the user provides your application with Google Account |
| information, your application may only use that information to access the user's Google Account |
| when, and for the limited purposes for which, the user has given you permission to do so. |
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| 4.4 You agree that you will not engage in any activity with the SDK, including the development or |
| distribution of an application, that interferes with, disrupts, damages, or accesses in an |
| unauthorized manner the servers, networks, or other properties or services of any third party |
| including, but not limited to, Google or any mobile communications carrier. |
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| 4.5 You agree that you are solely responsible for (and that Google has no responsibility to you or |
| to any third party for) any data, content, or resources that you create, transmit or display through |
| the Android platform and/or applications for the Android platform, and for the consequences of your |
| actions (including any loss or damage which Google may suffer) by doing so. |
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| 4.6 You agree that you are solely responsible for (and that Google has no responsibility to you or |
| to any third party for) any breach of your obligations under this License Agreement, any applicable |
| third party contract or Terms of Service, or any applicable law or regulation, and for the |
| consequences (including any loss or damage which Google or any third party may suffer) of any such |
| breach. |
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| 5. Your Developer Credentials |
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| 5.1 You agree that you are responsible for maintaining the confidentiality of any developer |
| credentials that may be issued to you by Google or which you may choose yourself and that you will |
| be solely responsible for all applications that are developed under your developer credentials. |
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| 6. Privacy and Information |
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| 6.1 In order to continually innovate and improve the SDK, Google may collect certain usage |
| statistics from the software including but not limited to a unique identifier, associated IP |
| address, version number of the software, and information on which tools and/or services in the SDK |
| are being used and how they are being used. Before any of this information is collected, the SDK |
| will notify you and seek your consent. If you withhold consent, the information will not be |
| collected. |
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| 6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in |
| accordance with Google's Privacy Policy. |
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| 7. Third Party Applications for the Android Platform |
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| 7.1 If you use the SDK to run applications developed by a third party or that access data, content |
| or resources provided by a third party, you agree that Google is not responsible for those |
| applications, data, content, or resources. You understand that all data, content or resources which |
| you may access through such third party applications are the sole responsibility of the person from |
| which they originated and that Google is not liable for any loss or damage that you may experience |
| as a result of the use or access of any of those third party applications, data, content, or |
| resources. |
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| 7.2 You should be aware the data, content, and resources presented to you through such a third party |
| application may be protected by intellectual property rights which are owned by the providers (or by |
| other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute |
| or create derivative works based on these data, content, or resources (either in whole or in part) |
| unless you have been specifically given permission to do so by the relevant owners. |
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| 7.3 You acknowledge that your use of such third party applications, data, content, or resources may |
| be subject to separate terms between you and the relevant third party. In that case, this License |
| Agreement does not affect your legal relationship with these third parties. |
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| 8. Using Android APIs |
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| 8.1 Google Data APIs |
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| 8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be |
| protected by intellectual property rights which are owned by Google or those parties that provide |
| the data (or by other persons or companies on their behalf). Your use of any such API may be subject |
| to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create |
| derivative works based on this data (either in whole or in part) unless allowed by the relevant |
| Terms of Service. |
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| 8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you |
| shall retrieve data only with the user's explicit consent and only when, and for the limited |
| purposes for which, the user has given you permission to do so. |
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| 9. Terminating this License Agreement |
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| 9.1 This License Agreement will continue to apply until terminated by either you or Google as set |
| out below. |
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| 9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of the SDK |
| and any relevant developer credentials. |
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| 9.3 Google may at any time, terminate this License Agreement with you if: |
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| (A) you have breached any provision of this License Agreement; or |
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| (B) Google is required to do so by law; or |
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| (C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated |
| its relationship with Google or ceased to offer certain parts of the SDK to you; or |
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| (D) Google decides to no longer providing the SDK or certain parts of the SDK to users in the |
| country in which you are resident or from which you use the service, or the provision of the SDK or |
| certain SDK services to you by Google is, in Google's sole discretion, no longer commercially |
| viable. |
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| 9.4 When this License Agreement comes to an end, all of the legal rights, obligations and |
| liabilities that you and Google have benefited from, been subject to (or which have accrued over |
| time whilst this License Agreement has been in force) or which are expressed to continue |
| indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall |
| continue to apply to such rights, obligations and liabilities indefinitely. |
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| 10. DISCLAIMER OF WARRANTIES |
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| 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT THE |
| SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE. |
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| 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE |
| SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR |
| COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. |
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| 10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS |
| OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, |
| FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
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| 11. LIMITATION OF LIABILITY |
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| 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS |
| LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, |
| INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY |
| LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN |
| AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. |
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| 12. Indemnification |
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| 12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless |
| Google, its affiliates and their respective directors, officers, employees and agents from and |
| against any and all claims, actions, suits or proceedings, as well as any and all losses, |
| liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or |
| accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any |
| copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any |
| person or defames any person or violates their rights of publicity or privacy, and (c) any |
| non-compliance by you with this License Agreement. |
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| 13. Changes to the License Agreement |
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| 13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK. |
| When these changes are made, Google will make a new version of the License Agreement available on |
| the website where the SDK is made available. |
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| 14. General Legal Terms |
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| 14.1 This License Agreement constitute the whole legal agreement between you and Google and govern |
| your use of the SDK (excluding any services which Google may provide to you under a separate written |
| agreement), and completely replace any prior agreements between you and Google in relation to the |
| SDK. |
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| 14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is |
| contained in this License Agreement (or which Google has the benefit of under 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. |
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| 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision |
| of this License Agreement is invalid, then that provision will be removed from this License |
| Agreement without affecting the rest of this License Agreement. The remaining provisions of this |
| License Agreement will continue to be valid and enforceable. |
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| 14.4 You acknowledge and agree that each member of the group of companies of which Google is the |
| parent shall be third party beneficiaries to this License Agreement and that such other companies |
| shall be entitled to directly enforce, and rely upon, any provision of this License Agreement that |
| confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall |
| be third party beneficiaries to this License Agreement. |
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| 14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST |
| COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE |
| LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. |
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| 14.6 The rights granted in this License Agreement may not be assigned or transferred by either you |
| or Google without the prior written approval of the other party. Neither you nor Google shall be |
| permitted to delegate their responsibilities or obligations under this License Agreement without the |
| prior written approval of the other party. |
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| 14.7 This License Agreement, and your relationship with Google under this License Agreement, shall |
| be governed by the laws of the State of California without regard to its conflict of laws |
| provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located |
| within the county of Santa Clara, California to resolve any legal matter arising from this License |
| Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for |
| injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. |
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| April 10, 2009 |