| 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 |