google_terms_and_conditions.txt

Google Big Brother TERMS AND CONDITIONS

Some of the Google Software is designed to be used in conjunction with Google's search and other services. Accordingly, your use of such Google Software is also defined by Google's Terms of Service located at http://www.google.com/terms_of_service.html and Google's Privacy Policy located at http://www.google.com/privacypolicy.html. In addition, the Third Party Software may also be governed by applicable licenses, terms of service and privacy policies of the respective Third Parties ("Third Party Licenses and Policies"). Solely with respect to Third Party Software, in the event of a conflict between these Terms and Conditions and any Third Party Licenses and Policies the Third Party Licenses and Policies shall control.
16. MISCELLANEOUS PROVISIONS

    A) Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Google relating to the Software and govern your use of the Software, superseding any prior or contemporaneous agreements between you and Google regarding the Software.

    B) Choice of Law and Forum. These Terms and Conditions and the relationship between you and Google shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Google agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.

    C) Waiver and Severability of Terms. The failure of Google to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.

    D) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    E) Headings. The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

    F) Comments. If you have comments regarding the Software or ideas on how to improve it, please visit http://www.google.com/support/pack and enter your comments. Please note that by doing so, you also grant Google and Third Parties permission to use and incorporate your ideas or comments without restriction and without compensation.

17. ADDITIONAL GOOGLE CHROME PROVISIONS

    A) Legal Notices. You agree to the terms found at http://www.google.com/chrome/eula.html and such terms shall be included in the definition of "Terms and Conditions."

    B) Content License. With respect to your use of Google Chrome, Section 11 of Google's Terms of Service is deleted in its entirety and replaced with the following:

        "11. Content license from you. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services."

18. ADDITIONAL GOOGLE EARTH PROVISIONS

    A) Legal Notices. You agree to the terms found on our Legal Notices page at http://www.google.com/intl/en_us/help/legalnotices_maps.html and such terms shall be included in the definition of "Terms and Conditions."

    B) Use of Software. For an individual end user, the Google Earth Software is made available to and may be used by you only for your personal, non-commercial use according to these Terms of Service and the Google Earth Software documentation. For a business entity end user or government entity end user, the Google Earth Software may be used by you and your employees for internal use according to these Terms of Service and the Google Earth Software documentation (individual, business, and government end users are collectively referred to as "You" herein). Except where you have been specifically licensed by Google to do so, you may not use the Google Earth Software in connection with any products, systems, or applications installed or otherwise connected to or in communication with vehicles for or in connection with: (a) real time route guidance (including without limitation, turn-by-turn route guidance and other routing that is enabled through the use of a sensor); (b) any systems or functions for automatic or autonomous control of vehicle behavior; or (c) dispatch, fleet management or similar applications. You may not use the Google Earth Software in a manner which gives you or any other person access to mass downloads or bulk feeds of numerical latitude and longitude coordinates.

    C) Content. The content presented to you as part of the Google Earth Software, including but not limited to photographic imagery and map data (the "Content"), is protected by Intellectual Property Rights which are owned by Google, its third party licensors and partners, and others who provide that Content to Google. You may not, nor may you allow others to, copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the Google Earth Software, unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement. Google and its licensors make no representations or warranties regarding the accuracy or completeness of this information. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

19. ADDITIONAL THIRD-PARTY PROVISIONS

A) Adobe Systems Inc.

    i) No Modification. You are not authorized to integrate or use Adobe Reader ("Reader") with any (a) other software, plug-in or enhancement which uses or relies upon Reader when converting or transforming PDF files into other file formats (e.g., a PDF file into a TIFF, JPEG, or SVG file), (b) plug-in software not developed in accordance with the Adobe Integration Key License Agreement, or (c) other software or enhancement to programmatically interface with Reader for the purpose of (i) saving data locally (on the same computer), except when allowed through the use of Document Features that have been activated using enabling technology from Adobe Systems Inc. ("Adobe"), (ii) creating a file that contains data (e.g., an XML or comments file), or (iii) saving modifications to a PDF file. Document Features are features and functionality that appear disabled or "grayed out" in Reader and will only activate when opening certain PDF documents that have been created using corresponding enabling technology available only from Adobe ("Keys"). You agree not to access, or attempt to access, disabled Document Features or otherwise circumvent the permissions that control activation of such Document Features. You may only use the Document Features with PDF documents that have been enabled using Keys obtained under a valid license from Adobe.

    ii) Certified Documents. The Reader allows you to validate PDF documents that have been digitally signed using a digital signature obtained from a third party. Neither Google nor any Third Party supplies the necessary services required to use the validation features. Purchasing, availability and responsibility for the services are between you and the service provider. Before you rely upon any PDF document, any digital signature applied thereto, and/or any related services, you must first review and agree to the applicable agreement relating to use of the digital signatures. You agree to hold harmless Google, the Third Parties, and, except as otherwise expressly provided in your agreement with the service provider, any applicable service provider from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, any digital signature service, including, without limitation (a) reliance on an expired or revoked certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any applicable agreement, these Terms and Conditions or applicable law, (d) failure to exercise reasonable judgment under the circumstances in relying on the services, or (e) failure to perform any of the obligations as required in an applicable agreement relating to use of the digital signatures

B) Mozilla Corporation. Nothing in these Terms and Conditions shall limit your ability to (i) comply with the terms of the Mozilla Public License with respect to the Firefox Browser, or (ii) interact with the Firefox Browser source code as provided in the Mozilla Public License.

C) RealNetworks, Inc.

    i) User ID and Personally Identifiable Information. As part of installing or using the RealPlayer, you may be asked to register a user ID and provide certain personally identifiable information to RealNetworks, Inc. ("RN"). If you elect to register and provide such personally identifiable information, you hereby consent to (a) RN matching your user ID to your personally identifiable information in order to provide you with products, services and software from RN to which you are entitled, and (b) RN providing you with relevant information relating to such products, services and software.

    ii) The following provision in this Section 17(d)(ii) ("Provision") applies only in the event you have a dispute with, or a claim against, RN. If you have a dispute with, or claim against Google or any Third Party other than RN, the following Provision shall not apply.

        Arbitration and Jurisdiction. You agree that all disputes with and claims against RN relating to, or arising out of, the Software shall be finally determined by binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). To the fullest extent permitted by law: (a) no arbitration under this Provision shall be joined to any other arbitration, including any arbitration involving any other current or former licensee of the RealPlayer; (b) no class arbitration proceedings shall be permitted under this Provision; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration under this Provision; and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration under this Provision. Your arbitration fees and your share of arbitrator compensation will be limited to those set forth in the AAA's Consumer Rules. This Provision shall be governed by the law of the State of Washington. You hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of California to enforce this Provision. The court, not the arbitrator, shall determine arbitrability and enforce this Provision, including the prohibition on consolidated arbitrations and class arbitration.

D) Symantec Corporation. Symantec Software feature and content updates. Norton Security Scan uses content that is updated from time to time, including but not limited to updated virus and spyware definitions ("Content Updates"). In the event that Norton Security Scan is removed from the Google Pack, Symantec may, at any point in time following six (6) months after such removal, at its discretion with or without notice to You, discontinue providing Content Updates and/or may terminate the Norton Security Scan software. Symantec may add, modify or remove features of the Norton Security Scan software at any time with or without notice to You.

E) Skype Communications, S.a.r.l. ("Skype")

    i) Skype, which is a Third Party, is an intended third-party beneficiary of these Terms and Conditions with the right to enforce these Terms and Conditions as they relate to the Skype Software.

    ii) The Skype Software is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service. Additional arrangements must be made to access emergency services. It is your responsibility to purchase, separately from Skype Software, traditional wireless or wireline telephone service that offers access to emergency services.

    iii) If the law of your country prohibits you from downloading or using the Skype Software because you are under the legal age limit or because the Skype Software or its related products and services are not allowed in your country, you acknowledge and agree that you will not use the Skype Software.

    iv) You acknowledge and understand that the Skype Software may utilize the processor and bandwidth of the computer (or other applicable device) you are utilizing, for the limited purpose of facilitating the communication between Skype Software users. Skype will use its commercially reasonable efforts to ensure that the Skype Software protects the privacy and integrity of the computer (or other applicable device) resources you are utilizing and of your communications using the Skype Software; however, Skype cannot give any warranties in this respect.

    v) You may not, without limitation: (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Skype Software or the communication, (c) send any unsolicited commercial communication not permitted by applicable law, or (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable.