- Google Chrome Terms of Service -

- 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 software license - agreements at http://code.google.com/chromium/terms.html. -

- 1. Your relationship with Google -

- 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 provided to - you by Google under a separate written agreement) is subject to the terms of a legal - agreement between you and Google. “Google” means Google Inc., whose principal place of - business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This - document explains how the agreement is made up, and sets out some of the terms of that - agreement. -

- 1.2 Unless otherwise agreed in writing with Google, your agreement with Google will - always include, at a minimum, the terms and conditions set out in this document. These - are referred to below as the “Universal Terms”. Open source software licenses for Google - Chrome source code constitute separate written agreements. To the limited extent that the - open source software licenses expressly supersede these Universal Terms, the open source - licenses govern your agreement with Google for the use of Google Chrome or specific - included components of Google Chrome. -

- 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 applicable to the - Services, in addition to the Universal Terms. All of these are referred to below as the - “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible - for you to read either within, or through your use of, that Service. -

- 1.4 The Universal Terms, together with the Additional Terms, form a legally binding - 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, this legal agreement is - referred to below as the “Terms”. -

- 1.5 If there is any contradiction between what the Additional Terms say and what the - Universal Terms say, then the Additional Terms shall take precedence in relation to that - Service. -

- 2. Accepting the Terms -

- 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. -

- 2.2 You can accept the Terms by: -

- (A) clicking to accept or agree to the Terms, where this option is made available to you - by Google in the user interface for any Service; or -

- (B) by actually using the Services. In this case, you understand and agree that Google - will treat your use of the Services as acceptance of the Terms from that point onwards. -

- 3. Language of the Terms -

- 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 convenience only and - that the English language versions of the Terms will govern your relationship with - Google. -

- 3.2 If there is any contradiction between what the English language version of the Terms - says and what a translation says, then the English language version shall take - precedence. -

- 4. Provision of the Services by Google -

- 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 Subsidiaries and Affiliates will - be entitled to provide the Services to you. -

- 4.2 Google is constantly innovating in order to provide the best possible experience 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 notice to you. -

- 4.3 As part of this continuing innovation, you acknowledge and agree that Google may stop - (permanently or temporarily) providing the Services (or any features 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 do not need to specifically inform - Google when you stop using the Services. -

- 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 files or other content - which is contained in your account. -

- 5. Use of the Services by you -

- 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 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). -

- 5.2 You agree that you will not engage in any activity that interferes with or disrupts - the Services (or the servers and networks which are connected to the Services). -

- 5.3 Unless you have been specifically permitted to do so in a separate agreement with - Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the - Services for any purpose. -

- 5.4 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 the Terms and for - the consequences (including any loss or damage which Google may suffer) of any such - breach. -

- 6. Privacy and your personal information -

- 6.1 For information about Google’s data protection practices, please read Google’s - privacy policy at http://www.google.com/privacy.html and at - http://www.google.com/chrome/intl/en/privacy.html. This policy explains how Google treats - your personal information, and protects your privacy, when you use the Services. -

- 6.2 You agree to the use of your data in accordance with Google’s privacy policies. -

- 7. Content in the Services -

- 7.1 You understand that all information (such as data files, written text, computer - software, music, audio files or other sounds, photographs, videos or other images) which - you may have access to as part of, or through your use of, the Services are the sole - responsibility of the person from which such content originated. All such information is - referred to below as the “Content.” -

- 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 Content within the - Services may be protected by intellectual property rights which are owned by the sponsors - or advertisers who provide that Content to Google (or by 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 by Google or by the owners of that Content, in a - separate agreement. -

- 7.3 Google reserves the right (but shall have no obligation) to pre-screen, review, flag, - filter, modify, refuse or remove any or all Content from any Service. For some of the - Services, Google may provide tools to filter out explicit sexual content. These tools - include the SafeSearch preference settings (see - http://www.google.com/help/customize.html#safe). In addition, there are commercially - available services and software to limit access to material that you may find - objectionable. -

- 7.4 You understand that by using the Services you may be exposed to Content that you may - find offensive, indecent or objectionable and that, in this respect, you use the Services - at your own risk. -

- 7.5 You agree that you are solely responsible for (and that Google has no responsibility - to you or to any third party for) any Content that you create, transmit 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. -

- 8. Proprietary rights -

- 8.1 You acknowledge and agree that Google (or Google’s licensors) own all legal 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). -

- 8.2 Unless you have agreed otherwise in writing with Google, nothing in the Terms gives - you a right to use any of Google’s trade names, trade marks, service marks, logos, domain - names, and other distinctive brand features. -

- 8.3 If you have been given an explicit right to use any of these brand features 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 provisions 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/permissions/guidelines.html (or such other URL - as Google may provide for this purpose from time to time). -

- 8.4 Google acknowledges and agrees that it obtains no right, title or interest from you - (or your licensors) under these Terms in or to any Content that you submit, post, - transmit or display on, or through, the Services, including any intellectual property - rights which subsist in that Content (whether those rights happen 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 obligation to do so on your behalf. -

- 8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices - (including copyright and trade mark notices) which may be affixed to or contained within - the Services. -

- 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 mark, 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, names or logos. -

- 9. License from Google -

- 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 the - 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 benefit of the Services as - provided by Google, in the manner permitted by the Terms. -

- 9.2 Subject to section 1.2, you may not (and you may not permit anyone else to) copy, - modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to - extract the source code of the Software or any part thereof, unless this is expressly - permitted or required by law, or unless you have been specifically told that you may do - so by Google, in writing. -

- 9.3 Subject to section 1.2, unless Google has given you specific written permission to do - so, you may not assign (or grant a sub-license of) your rights to use the Software, grant - a security interest in or over your rights to use the Software, or otherwise transfer any - part of your rights to use the Software. -

- 10. Content license from you -

- 10.1 You retain copyright and any other rights you already hold in Content which you - submit, post or display on or through, the Services. -

- 11. Software updates -

- 11.1 The Software which you use may automatically download and install updates 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 functions, 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. -

- 12. Ending your relationship with Google -

- 12.1 The Terms will continue to apply until terminated by either you or Google as set out - below. -

- 12.2 Google may at any time, terminate its legal agreement with you if: -

- (A) you have breached any provision of the Terms (or have acted in manner which clearly - shows that you do not intend to, or are unable to comply with the provisions of the - Terms); or -

- (B) Google is required to do so by law (for example, where the provision of the Services - to you is, or becomes, unlawful); or -

- (C) the partner with whom Google offered the Services to you has terminated its - relationship with Google or ceased to offer the Services to you; or -

- (D) Google is transitioning to no longer providing the Services to users in the country - in which you are resident or from which you use the service; or -

- (E) the provision of the Services to you by Google is, in Google’s opinion, no longer - commercially viable. -

- 12.3 Nothing in this Section shall affect Google’s rights regarding provision of Services - under Section 4 of the Terms. -

- 12.4 When these Terms come 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 the Terms have been in force) or which are expressed to continue - indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 - shall continue to apply to such rights, obligations and liabilities indefinitely. -

- 13. EXCLUSION OF WARRANTIES -

- 13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT - GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED - BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR - CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY - NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL - DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL - APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. -

- 13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE - RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” -

- 13.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT - REPRESENT OR WARRANT TO YOU THAT: -

- (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, -

- (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, -

- (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE - ACCURATE OR RELIABLE, AND -

- (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS - PART OF THE SERVICES WILL BE CORRECTED. -

- 13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS - DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY - DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE - DOWNLOAD OF ANY SUCH MATERIAL. -

- 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 STATED IN THE TERMS. -

- 13.6 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. -

- 14. LIMITATION OF LIABILITY -

- 14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND - AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE - TO YOU FOR: -

- (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH - MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL - INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR - INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST - OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; -

- (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR - DAMAGE AS A RESULT OF: -

- (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 AND ANY - ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; -

- (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); -

- (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER - COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; -

- (IV) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION; -

- (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; -

- 14.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY - WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF - ANY SUCH LOSSES ARISING. -

- 15. Copyright and trade mark policies -

- 15.1 It is Google’s policy to respond to notices of alleged copyright infringement that - comply with applicable international intellectual property law (including, in the United - States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat - infringers. Details of Google’s policy can be found at http://www.google.com/dmca.html. -

- 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. -

- 16. Advertisements -

- 16.1 Some of the Services are supported by advertising revenue and may display - advertisements and promotions. These advertisements may be targeted to the content of - information stored on the Services, queries made through the Services or other - information. -

- 16.2 The manner, mode and extent of advertising by Google on the Services are subject to - change without specific notice to you. -

- 16.3 In consideration for Google granting you access to and use of the Services, you - agree that Google may place such advertising on the Services. -

- 17. Other content -

- 17.1 The Services may include hyperlinks to other web sites or content or resources. - Google may have no control over any web sites or resources which are provided by - companies or persons other than Google. -

- 17.2 You acknowledge and agree that Google is not responsible for the availability of any - such external sites or resources, and does not endorse any advertising, products or other - materials on or available from such web sites or resources. -

- 17.3 You acknowledge and agree that Google is not liable for any loss or damage which may - be incurred by you as a result of the availability of those external sites or resources, - or as a result of any reliance placed by you on the completeness, accuracy or existence - of any advertising, products or other materials on, or available from, such web sites or - resources. -

- 18. Changes to the Terms -

- 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 Universal Terms - available at http://www.google.com/chrome/intl/en/eula_text.html and any new Additional - Terms will be made available to you from within, or through, the affected Services. -

- 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 your use as - acceptance of the updated Universal Terms or Additional Terms. -

- 19. General legal terms -

- 19.1 Sometimes when you use the Services, you may (as a result of, or in connection with - your use of the Services) use a service or download a piece of software, or purchase - goods, which are provided by another person or company. Your use of these other services, - software or goods may be subject to separate terms between you and the company or person - concerned. If so, the Terms do not affect your legal relationship with these other - companies or individuals. -

- 19.2 The Terms constitute the whole legal agreement between you and Google and govern - your use of the Services (but 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 Services. -

- 19.3 You agree that Google may provide you with notices, including those regarding - changes to the Terms, by email, regular mail, or postings on the Services. -

- 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 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. -

- 19.5 If any court of law, having the jurisdiction to decide on this matter, rules that - any provision of these Terms is invalid, then that provision will be removed from the - Terms without affecting the rest of the Terms. The remaining provisions of the Terms will - continue to be valid and enforceable. -

- 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 that such other - companies shall be entitled to directly enforce, and rely upon, any provision of the - Terms which confers a benefit on (or rights in favor of) them. Other than this, no other - person or company shall be third party beneficiaries to the Terms. -

- 19.7 The Terms, and your relationship with Google under the Terms, 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 the Terms. - 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. -

- 20. Additional Terms for Extensions for Google Chrome -

- 20.1 These terms in this section apply if you install extensions on your copy of Google - Chrome. Extensions are small software programs, developed by Google or third parties, - that can modify and enhance the functionality of Google Chrome. Extensions may have - greater privileges to access your browser or your computer than regular webpages, - including the ability to read and modify your private data. -

- 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 but not limited to bug - fixes or enhanced functionality. You agree that such updates will be automatically - requested, downloaded, and installed without further notice to you. -

- 20.3 From time to time, Google may discover an extension that violates Google developer - terms or other legal agreements, laws, regulations or policies. Google Chrome will - periodically download a list of such extensions from Google’s servers. You agree that - Google may remotely disable or remove any such extension from user systems in its sole - discretion. -

- 21. Additional Terms for Enterprise Use -

- 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 business in the country or - countries where you operate, and that your employees, officers, representatives, and - other agents accessing the Service are duly authorized to access Google Chrome and to - legally bind you to these Terms. -

- 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, distribute, install, - and use Google Chrome solely on machines intended for use by your employees, officers, - representatives, and agents in connection with your business entity, and provided that - their use of Google Chrome will be subject to the Terms. -

- August 12, 2010 -

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- Google Chrome Additional Terms of Service -

- MPEGLA -

- THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL 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 OBTAINED 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. -

- Adobe -

- Google Chrome may include one or more components provided by Adobe Systems Incorporated - 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.” -

- 1. License Restrictions. -

- (a) Flash Player, Version 10.x is designed only as a browser plug-in. Sublicensee may not - modify or distribute this Adobe Software for use as anything but a browser plug-in for - playing back content on a web page. For example, Sublicensee will not modify this Adobe - Software in order to allow interoperation with applications that run outside of the - browser (e.g., standalone applications, widgets, device UI). -

- (b) Sublicensee will not expose any APIs of the Flash Player, Version 10.x through a - browser plug-in interface in such a way that allows such extension to be used to playback - content from a web page as a stand-alone application. -

- (c) The Chrome-Reader Software may not be used to render any PDF or EPUB documents that - utilize digital rights management protocols or systems other than Adobe DRM. -

- (d) Adobe DRM must be enabled in the Chrome-Reader Software for all Adobe DRM protected - PDF and EPUB documents. -

- (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. -

- 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 distributions 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 relation to Electronic Transmissions approved - hereunder, Sublicensee agrees to employ any reasonable use restrictions set by Adobe, - including those related to security and/or the restriction of distribution to end users - of the Sublicensee Product. -

- 3. EULA and Distribution Terms. -

- (a) Sublicensee shall ensure that the Adobe Software is distributed to end users 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 prohibition against modifications - and derivative works, (iii) a prohibition against decompiling, reverse engineering, - disassembling, and otherwise reducing the Adobe 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 full extent allowed by law. -

- (b) Sublicensee shall ensure that the Adobe Software is distributed to Sublicensee’s - distributors under an enforceable distribution license agreement, in favor of Sublicensee - and its suppliers containing terms as protective of Adobe as the Adobe Terms. -

- 4. Opensource. Sublicensee will not directly or indirectly grant, or purport to grant, to - any third party any rights or immunities under Adobe’s intellectual 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 be a requirement that as a - condition of use, modification and/or distribution, the Adobe Software be: (i) disclosed - or distributed in source code form; (ii) licensed 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 Software as bundled with the Google Software, without charge. -

- 5. Additional Terms. With respect to any update, upgrade, new versions of the Adobe - Software (collectively “Upgrades”) provided to Sublicenses, Adobe reserves the right to - require additional terms and conditions applicable solely to the Upgrade and future - versions thereof, and solely to the extent that such restrictions are imposed by Adobe on - all licensees of such Upgrade. If Sublicensee does not agree to such additional terms or - conditions, Sublicensee will have no license 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. -

- 6. Proprietary Rights Notices. Sublicensee shall not, and shall require its distributors - not to, delete or in any manner alter the copyright notices, trademarks, logos or related - notices, or other proprietary rights notices of Adobe (and its licensors, if any) - appearing on or within the Adobe Software or accompanying materials. -

- 7. Technical Requirements. Sublicensee and its distributors may only distribute Adobe - Software and/or Upgrade on devices that (i) meet the technical specifications posted on - http://www.adobe.com/mobile/licensees, (or a successor web site thereto), and (ii) has - been verified by Adobe as set forth below. -

- 8. Verification and Update. Sublicensee must submit to Adobe each Sublicensee product - (and each version thereof) containing the Adobe Software and/or Upgrade (“Sublicensee - Product”) that do not meet the Device Verification exemption criteria to be communicated - by Google, for Adobe to verify. Sublicensee shall pay for each submission made by - Sublicensee by procuring verification packages at Adobe’s then-current terms set forth at - http://flashmobile.adobe.com/. Sublicensee 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”). -

- 9. Profiles and Device Central. Sublicensee will be prompted to enter certain profile - information about the Sublicensee Products either as part of the Verification process or - some other method, and Sublicensee will provide such information, to Adobe. Adobe may (i) - use such profile information as reasonably necessary to verify the Sublicensee Product - (if such product is subject to Verification), and (ii) display such profile information - in “Adobe Device Intelligence system,” located at - https://devices.adobe.com/partnerportal/, and made available through Adobe’s authoring - and development tools and services to enable developers and end users to see how content - or applications are displayed in Sublicensee Products (e.g. how video images appear in - certain phones). -

- 10. Export. Sublicensee acknowledges that the laws and regulations of the United States - restrict the export and re-export of commodities and technical data of United States - origin, which may include the Adobe Software. Sublicensee agrees that it will not export - or re-export the Adobe Software, without the appropriate United States and foreign - governmental clearances, if any. -

- 11. Technology Pass-through Terms. -

- (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 encoding or decoding of MP3 data contained within a - swf or flv file, which contains video, picture or other data. Sublicensee shall - acknowledge that use of the Adobe Software for non-PC devices, as described in the - prohibitions in this section, may require the payment of licensing royalties or other - amounts to third parties 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 - account of third party intellectual property rights for such use. If Sublicensee requires - an MP3 encoder or decoder for such use, Sublicensee is responsible for obtaining the - necessary intellectual property license, including any applicable patent rights. -

- (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 enable the Adobe - Software to decode video in the Flash video file format (.flv or .f4v), 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 applications. -

- (c) The Source Code may be provided with an AAC codec and/or HE-AAC codec (“the AAC - Codec”). Use of the AAC Codec is conditioned on Sublicensee obtaining a proper patent - license covering necessary patents as provided by VIA Licensing, for end products on or - in which the AAC Codec will be used. Sublicensee acknowledges and agrees that Adobe is - not providing a patent license for an AAC Codec under this Agreement to Sublicensee or - its sublicensees. -

- (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 THAT 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 IS GRANTED OR WILL BE IMPLIED FOR ANY OTHER - USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. See - http://www.mpegla.com -

- 12. Update. Sublicensee will not circumvent Google’s or Adobe’s efforts to update the - Adobe Software in all Sublicensee’s products incorporating the Adobe Software as bundled - with the Google Software (“Sublicensee Products”). -

- 13. Attribution and Proprietary Notices. Sublicensee will list the Adobe Software in - publicly available Sublicensee Product specifications and include appropriate Adobe - Software branding (specifically excluding the Adobe corporate logo) on the Sublicensee - Product packaging or marketing materials in a manner consistent with branding of other - third party products contained within the Sublicensee Product. -

- 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 PERFORMANCE. ADOBE AND - ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE - ADOBE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT - TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO - SUBLICENSEEIN SUBLICENSEE’S JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, - CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, - CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT - OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR - ANY PARTICULAR PURPOSE. SUBLICENSEE AGREES THAT SUBLICENSEE SHALL NOT MAKE ANY WARRANTY, - EXPRESS OR IMPLIED, ON BEHALF OF ADOBE. -

- 15. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO - SUBLICENSEE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, - OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE - REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS - OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO - THE EXTENT PERMITTED BY APPLICABLE LAW IN SUBLICENSEE’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 (US$1,000). Nothing contained in this Agreement limits - Adobe’s liability to Sublicensee in the event of death or personal injury resulting from - Adobe’s negligence 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, - warranties and liability as provided in this Agreement, but in no other respects and for - no other purpose. -

- 16. Content Protection Terms -

- (a) Definitions. -

- “Compliance and Robustness Rules” means the document setting forth compliance and - robustness rules for the Adobe Software located at http://www.adobe.com/mobile/licensees, - or a successor web site thereto. -

- “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 with respect to digital - content distributed for consumption by users of the Adobe Software when such actions are - not authorized by the owners of such digital content or its licensed distributors. -

- “Content Protection Code” means code within certain designated versions of the Adobe - Software that enables certain Content Protection Functions. -

- “Key” means a cryptographic value contained in the Adobe Software for use in decrypting - digital content. -

- (b) License Restrictions. Sublicensee’s right to exercise the licenses with respect to - the Adobe Software is subject to the following additional restrictions and obligations. - Sublicensee will ensure that Sublicensee’s customers comply with these restrictions and - obligations to the same extent imposed on Sublicensee with respect to the Adobe Software; - any failure by Sublicensee’s customers to comply with these additional restrictions and - obligations shall be treated as a material breach by Sublicensee. -

- b.1. Sublicensee and customers may only distribute the Adobe Software that meets the - Robustness and Compliance Rules as so confirmed by Sublicensee during the verification - process described above in the Adobe Terms. -

- 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 Software, or (ii) develop or - distribute products that are designed to circumvent the Content Protection Functions of - either the Adobe Software or any Adobe Software that is used to encrypt or decrypt - digital content for authorized consumption by users of the Adobe Software. -

- (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 Handling Procedure (to be - provided by Adobe upon request). -

- (d) Injunctive Relief. Sublicensee agrees that a breach of this Agreement may compromise - the Content Protection Functions of the Adobe Software and may cause unique and lasting - harm to the interests of Adobe and owners of digital content that rely on such Content - Protection Functions, and that monetary damages may be inadequate to compensate fully for - such harm. Therefore, Sublicensee further agrees that Adobe may be entitled to seek - injunctive relief to prevent or limit the harm caused by any such breach, in addition to - monetary damages. -

- 17. Intended Third-party Beneficiary. Adobe Systems Incorporated and Adobe Software - Ireland Limited are the intended third-party beneficiaries of Google’s agreement 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 identity to Adobe and certify in writing - that Sublicensee has entered into a license 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 redistribute the Adobe Software, such agreement will include the - Adobe Terms. -