+ 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 + https://support.google.com/websearch/answer/510?hl=en). 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 +

+
+

+ 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. +