Qiwen Zhao | 7093e41 | 2015-11-05 13:55:42 -0800 | [diff] [blame] | 1 | ANDROID SOFTWARE DEVELOPMENT KIT |
| 2 | |
| 3 | Terms and Conditions |
| 4 | |
| 5 | This is the Android Software Development Kit License Agreement. |
| 6 | |
| 7 | 1. Introduction |
| 8 | |
| 9 | 1.1 The Android Software Development Kit (referred to in this License Agreement as the "SDK" and |
| 10 | specifically including the Android system files, packaged APIs, and Google APIs add-ons) is |
| 11 | licensed to you subject to the terms of this License Agreement. This License Agreement forms a |
| 12 | legally binding contract between you and Google in relation to your use of the SDK. |
| 13 | |
| 14 | 1.2 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600 |
| 15 | Amphitheatre Parkway, Mountain View, CA 94043, United States. |
| 16 | |
| 17 | 2. Accepting this License Agreement |
| 18 | |
| 19 | 2.1 In order to use the SDK, you must first agree to this License Agreement. You may not use the |
| 20 | SDK if you do not accept this License Agreement. |
| 21 | |
| 22 | 2.2 You can accept this License Agreement by: |
| 23 | |
| 24 | (A) clicking to accept or agree to this License Agreement, where this option is made available to |
| 25 | you; or |
| 26 | |
| 27 | (B) by actually using the SDK. In this case, you agree that use of the SDK constitutes acceptance of |
| 28 | the Licensing Agreement from that point onwards. |
| 29 | |
| 30 | 2.3 You may not use the SDK and may not accept the Licensing Agreement if you are a person barred |
| 31 | from receiving the SDK under the laws of the United States or other countries including the country |
| 32 | in which you are resident or from which you use the SDK. |
| 33 | |
| 34 | 2.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or other |
| 35 | entity, you represent and warrant that you have full legal authority to bind your employer or such |
| 36 | entity to this License Agreement. If you do not have the requisite authority, you may not accept |
| 37 | the Licensing Agreement or use the SDK on behalf of your employer or other entity. |
| 38 | |
| 39 | 3. SDK License from Google |
| 40 | |
| 41 | 3.1 Subject to the terms of this License Agreement, Google grants you a limited, worldwide, |
| 42 | royalty-free, non- assignable and non-exclusive license to use the SDK solely to develop |
| 43 | applications to run on the Android platform. |
| 44 | |
| 45 | 3.2 You agree that Google or third parties own all legal right, title and interest in and to the |
| 46 | SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property |
| 47 | Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, |
| 48 | and any and all other proprietary rights. Google reserves all rights not expressly granted to you. |
| 49 | |
| 50 | 3.3 Except to the extent required by applicable third party licenses, you may not copy (except for |
| 51 | backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create |
| 52 | derivative works of the SDK or any part of the SDK. Except to the extent required by applicable |
| 53 | third party licenses, you may not load any part of the SDK onto a mobile handset or any other |
| 54 | hardware device except a personal computer, combine any part of the SDK with other software, or |
| 55 | distribute any software or device incorporating a part of the SDK. |
| 56 | |
| 57 | 3.4 Use, reproduction and distribution of components of the SDK licensed under an open source |
| 58 | software license are governed solely by the terms of that open source software license and not |
| 59 | this License Agreement. |
| 60 | |
| 61 | 3.5 You agree that the form and nature of the SDK that Google provides may change without prior |
| 62 | notice to you and that future versions of the SDK may be incompatible with applications developed |
| 63 | on previous versions of the SDK. You agree that Google may stop (permanently or temporarily) |
| 64 | providing the SDK (or any features within the SDK) to you or to users generally at Google's sole |
| 65 | discretion, without prior notice to you. |
| 66 | |
| 67 | 3.6 Nothing in this License Agreement gives you a right to use any of Google's trade names, |
| 68 | trademarks, service marks, logos, domain names, or other distinctive brand features. |
| 69 | |
| 70 | 3.7 You agree that you will not remove, obscure, or alter any proprietary rights notices (including |
| 71 | copyright and trademark notices) that may be affixed to or contained within the SDK. |
| 72 | |
| 73 | 4. Use of the SDK by You |
| 74 | |
| 75 | 4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under |
| 76 | this License Agreement in or to any software applications that you develop using the SDK, including |
| 77 | any intellectual property rights that subsist in those applications. |
| 78 | |
| 79 | 4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) this |
| 80 | License Agreement and (b) any applicable law, regulation or generally accepted practices or |
| 81 | guidelines in the relevant jurisdictions (including any laws regarding the export of data or |
| 82 | software to and from the United States or other relevant countries). |
| 83 | |
| 84 | 4.3 You agree that if you use the SDK to develop applications for general public users, you will |
| 85 | protect the privacy and legal rights of those users. If the users provide you with user names, |
| 86 | passwords, or other login information or personal information, your must make the users aware that |
| 87 | the information will be available to your application, and you must provide legally adequate privacy |
| 88 | notice and protection for those users. If your application stores personal or sensitive information |
| 89 | provided by users, it must do so securely. If the user provides your application with Google Account |
| 90 | information, your application may only use that information to access the user's Google Account |
| 91 | when, and for the limited purposes for which, the user has given you permission to do so. |
| 92 | |
| 93 | 4.4 You agree that you will not engage in any activity with the SDK, including the development or |
| 94 | distribution of an application, that interferes with, disrupts, damages, or accesses in an |
| 95 | unauthorized manner the servers, networks, or other properties or services of any third party |
| 96 | including, but not limited to, Google or any mobile communications carrier. |
| 97 | |
| 98 | 4.5 You agree that you are solely responsible for (and that Google has no responsibility to you or |
| 99 | to any third party for) any data, content, or resources that you create, transmit or display through |
| 100 | the Android platform and/or applications for the Android platform, and for the consequences of your |
| 101 | actions (including any loss or damage which Google may suffer) by doing so. |
| 102 | |
| 103 | 4.6 You agree that you are solely responsible for (and that Google has no responsibility to you or |
| 104 | to any third party for) any breach of your obligations under this License Agreement, any applicable |
| 105 | third party contract or Terms of Service, or any applicable law or regulation, and for the |
| 106 | consequences (including any loss or damage which Google or any third party may suffer) of any such |
| 107 | breach. |
| 108 | |
| 109 | 5. Your Developer Credentials |
| 110 | |
| 111 | 5.1 You agree that you are responsible for maintaining the confidentiality of any developer |
| 112 | credentials that may be issued to you by Google or which you may choose yourself and that you will |
| 113 | be solely responsible for all applications that are developed under your developer credentials. |
| 114 | |
| 115 | 6. Privacy and Information |
| 116 | |
| 117 | 6.1 In order to continually innovate and improve the SDK, Google may collect certain usage |
| 118 | statistics from the software including but not limited to a unique identifier, associated IP |
| 119 | address, version number of the software, and information on which tools and/or services in the SDK |
| 120 | are being used and how they are being used. Before any of this information is collected, the SDK |
| 121 | will notify you and seek your consent. If you withhold consent, the information will not be |
| 122 | collected. |
| 123 | |
| 124 | 6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in |
| 125 | accordance with Google's Privacy Policy. |
| 126 | |
| 127 | 7. Third Party Applications for the Android Platform |
| 128 | |
| 129 | 7.1 If you use the SDK to run applications developed by a third party or that access data, content |
| 130 | or resources provided by a third party, you agree that Google is not responsible for those |
| 131 | applications, data, content, or resources. You understand that all data, content or resources which |
| 132 | you may access through such third party applications are the sole responsibility of the person from |
| 133 | which they originated and that Google is not liable for any loss or damage that you may experience |
| 134 | as a result of the use or access of any of those third party applications, data, content, or |
| 135 | resources. |
| 136 | |
| 137 | 7.2 You should be aware the data, content, and resources presented to you through such a third party |
| 138 | application may be protected by intellectual property rights which are owned by the providers (or by |
| 139 | other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute |
| 140 | or create derivative works based on these data, content, or resources (either in whole or in part) |
| 141 | unless you have been specifically given permission to do so by the relevant owners. |
| 142 | |
| 143 | 7.3 You acknowledge that your use of such third party applications, data, content, or resources may |
| 144 | be subject to separate terms between you and the relevant third party. In that case, this License |
| 145 | Agreement does not affect your legal relationship with these third parties. |
| 146 | |
| 147 | 8. Using Android APIs |
| 148 | |
| 149 | 8.1 Google Data APIs |
| 150 | |
| 151 | 8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be |
| 152 | protected by intellectual property rights which are owned by Google or those parties that provide |
| 153 | the data (or by other persons or companies on their behalf). Your use of any such API may be subject |
| 154 | to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create |
| 155 | derivative works based on this data (either in whole or in part) unless allowed by the relevant |
| 156 | Terms of Service. |
| 157 | |
| 158 | 8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you |
| 159 | shall retrieve data only with the user's explicit consent and only when, and for the limited |
| 160 | purposes for which, the user has given you permission to do so. |
| 161 | |
| 162 | 9. Terminating this License Agreement |
| 163 | |
| 164 | 9.1 This License Agreement will continue to apply until terminated by either you or Google as set |
| 165 | out below. |
| 166 | |
| 167 | 9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of the SDK |
| 168 | and any relevant developer credentials. |
| 169 | |
| 170 | 9.3 Google may at any time, terminate this License Agreement with you if: |
| 171 | |
| 172 | (A) you have breached any provision of this License Agreement; or |
| 173 | |
| 174 | (B) Google is required to do so by law; or |
| 175 | |
| 176 | (C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated |
| 177 | its relationship with Google or ceased to offer certain parts of the SDK to you; or |
| 178 | |
| 179 | (D) Google decides to no longer providing the SDK or certain parts of the SDK to users in the |
| 180 | country in which you are resident or from which you use the service, or the provision of the SDK or |
| 181 | certain SDK services to you by Google is, in Google's sole discretion, no longer commercially |
| 182 | viable. |
| 183 | |
| 184 | 9.4 When this License Agreement comes to an end, all of the legal rights, obligations and |
| 185 | liabilities that you and Google have benefited from, been subject to (or which have accrued over |
| 186 | time whilst this License Agreement has been in force) or which are expressed to continue |
| 187 | indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall |
| 188 | continue to apply to such rights, obligations and liabilities indefinitely. |
| 189 | |
| 190 | 10. DISCLAIMER OF WARRANTIES |
| 191 | |
| 192 | 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT THE |
| 193 | SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE. |
| 194 | |
| 195 | 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE |
| 196 | SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR |
| 197 | COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. |
| 198 | |
| 199 | 10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS |
| 200 | OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, |
| 201 | FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
| 202 | |
| 203 | 11. LIMITATION OF LIABILITY |
| 204 | |
| 205 | 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS |
| 206 | LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, |
| 207 | INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY |
| 208 | LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN |
| 209 | AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. |
| 210 | |
| 211 | 12. Indemnification |
| 212 | |
| 213 | 12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless |
| 214 | Google, its affiliates and their respective directors, officers, employees and agents from and |
| 215 | against any and all claims, actions, suits or proceedings, as well as any and all losses, |
| 216 | liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or |
| 217 | accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any |
| 218 | copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any |
| 219 | person or defames any person or violates their rights of publicity or privacy, and (c) any |
| 220 | non-compliance by you with this License Agreement. |
| 221 | |
| 222 | 13. Changes to the License Agreement |
| 223 | |
| 224 | 13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK. |
| 225 | When these changes are made, Google will make a new version of the License Agreement available on |
| 226 | the website where the SDK is made available. |
| 227 | |
| 228 | 14. General Legal Terms |
| 229 | |
| 230 | 14.1 This License Agreement constitute the whole legal agreement between you and Google and govern |
| 231 | your use of the SDK (excluding any services which Google may provide to you under a separate written |
| 232 | agreement), and completely replace any prior agreements between you and Google in relation to the |
| 233 | SDK. |
| 234 | |
| 235 | 14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is |
| 236 | contained in this License Agreement (or which Google has the benefit of under any applicable law), |
| 237 | this will not be taken to be a formal waiver of Google's rights and that those rights or remedies |
| 238 | will still be available to Google. |
| 239 | |
| 240 | 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision |
| 241 | of this License Agreement is invalid, then that provision will be removed from this License |
| 242 | Agreement without affecting the rest of this License Agreement. The remaining provisions of this |
| 243 | License Agreement will continue to be valid and enforceable. |
| 244 | |
| 245 | 14.4 You acknowledge and agree that each member of the group of companies of which Google is the |
| 246 | parent shall be third party beneficiaries to this License Agreement and that such other companies |
| 247 | shall be entitled to directly enforce, and rely upon, any provision of this License Agreement that |
| 248 | confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall |
| 249 | be third party beneficiaries to this License Agreement. |
| 250 | |
| 251 | 14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST |
| 252 | COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE |
| 253 | LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. |
| 254 | |
| 255 | 14.6 The rights granted in this License Agreement may not be assigned or transferred by either you |
| 256 | or Google without the prior written approval of the other party. Neither you nor Google shall be |
| 257 | permitted to delegate their responsibilities or obligations under this License Agreement without the |
| 258 | prior written approval of the other party. |
| 259 | |
| 260 | 14.7 This License Agreement, and your relationship with Google under this License Agreement, shall |
| 261 | be governed by the laws of the State of California without regard to its conflict of laws |
| 262 | provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located |
| 263 | within the county of Santa Clara, California to resolve any legal matter arising from this License |
| 264 | Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for |
| 265 | injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. |
| 266 | |
| 267 | April 10, 2009 |