1ANDROID SOFTWARE DEVELOPMENT KIT 2 3Terms and Conditions 4 5This is the Android Software Development Kit License Agreement. 6 71. Introduction 8 91.1 The Android Software Development Kit (referred to in this License Agreement as the "SDK" and 10specifically including the Android system files, packaged APIs, and Google APIs add-ons) is 11licensed to you subject to the terms of this License Agreement. This License Agreement forms a 12legally binding contract between you and Google in relation to your use of the SDK. 13 141.2 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600 15Amphitheatre Parkway, Mountain View, CA 94043, United States. 16 172. Accepting this License Agreement 18 192.1 In order to use the SDK, you must first agree to this License Agreement. You may not use the 20SDK if you do not accept this License Agreement. 21 222.2 You can accept this License Agreement by: 23 24(A) clicking to accept or agree to this License Agreement, where this option is made available to 25you; or 26 27(B) by actually using the SDK. In this case, you agree that use of the SDK constitutes acceptance of 28the Licensing Agreement from that point onwards. 29 302.3 You may not use the SDK and may not accept the Licensing Agreement if you are a person barred 31from receiving the SDK under the laws of the United States or other countries including the country 32in which you are resident or from which you use the SDK. 33 342.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or other 35entity, you represent and warrant that you have full legal authority to bind your employer or such 36entity to this License Agreement. If you do not have the requisite authority, you may not accept 37the Licensing Agreement or use the SDK on behalf of your employer or other entity. 38 393. SDK License from Google 40 413.1 Subject to the terms of this License Agreement, Google grants you a limited, worldwide, 42royalty-free, non- assignable and non-exclusive license to use the SDK solely to develop 43applications to run on the Android platform. 44 453.2 You agree that Google or third parties own all legal right, title and interest in and to the 46SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property 47Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, 48and any and all other proprietary rights. Google reserves all rights not expressly granted to you. 49 503.3 Except to the extent required by applicable third party licenses, you may not copy (except for 51backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create 52derivative works of the SDK or any part of the SDK. Except to the extent required by applicable 53third party licenses, you may not load any part of the SDK onto a mobile handset or any other 54hardware device except a personal computer, combine any part of the SDK with other software, or 55distribute any software or device incorporating a part of the SDK. 56 573.4 Use, reproduction and distribution of components of the SDK licensed under an open source 58software license are governed solely by the terms of that open source software license and not 59this License Agreement. 60 613.5 You agree that the form and nature of the SDK that Google provides may change without prior 62notice to you and that future versions of the SDK may be incompatible with applications developed 63on previous versions of the SDK. You agree that Google may stop (permanently or temporarily) 64providing the SDK (or any features within the SDK) to you or to users generally at Google's sole 65discretion, without prior notice to you. 66 673.6 Nothing in this License Agreement gives you a right to use any of Google's trade names, 68trademarks, service marks, logos, domain names, or other distinctive brand features. 69 703.7 You agree that you will not remove, obscure, or alter any proprietary rights notices (including 71copyright and trademark notices) that may be affixed to or contained within the SDK. 72 734. Use of the SDK by You 74 754.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under 76this License Agreement in or to any software applications that you develop using the SDK, including 77any intellectual property rights that subsist in those applications. 78 794.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) this 80License Agreement and (b) any applicable law, regulation or generally accepted practices or 81guidelines in the relevant jurisdictions (including any laws regarding the export of data or 82software to and from the United States or other relevant countries). 83 844.3 You agree that if you use the SDK to develop applications for general public users, you will 85protect the privacy and legal rights of those users. If the users provide you with user names, 86passwords, or other login information or personal information, your must make the users aware that 87the information will be available to your application, and you must provide legally adequate privacy 88notice and protection for those users. If your application stores personal or sensitive information 89provided by users, it must do so securely. If the user provides your application with Google Account 90information, your application may only use that information to access the user's Google Account 91when, and for the limited purposes for which, the user has given you permission to do so. 92 934.4 You agree that you will not engage in any activity with the SDK, including the development or 94distribution of an application, that interferes with, disrupts, damages, or accesses in an 95unauthorized manner the servers, networks, or other properties or services of any third party 96including, but not limited to, Google or any mobile communications carrier. 97 984.5 You agree that you are solely responsible for (and that Google has no responsibility to you or 99to any third party for) any data, content, or resources that you create, transmit or display through 100the Android platform and/or applications for the Android platform, and for the consequences of your 101actions (including any loss or damage which Google may suffer) by doing so. 102 1034.6 You agree that you are solely responsible for (and that Google has no responsibility to you or 104to any third party for) any breach of your obligations under this License Agreement, any applicable 105third party contract or Terms of Service, or any applicable law or regulation, and for the 106consequences (including any loss or damage which Google or any third party may suffer) of any such 107breach. 108 1095. Your Developer Credentials 110 1115.1 You agree that you are responsible for maintaining the confidentiality of any developer 112credentials that may be issued to you by Google or which you may choose yourself and that you will 113be solely responsible for all applications that are developed under your developer credentials. 114 1156. Privacy and Information 116 1176.1 In order to continually innovate and improve the SDK, Google may collect certain usage 118statistics from the software including but not limited to a unique identifier, associated IP 119address, version number of the software, and information on which tools and/or services in the SDK 120are being used and how they are being used. Before any of this information is collected, the SDK 121will notify you and seek your consent. If you withhold consent, the information will not be 122collected. 123 1246.2 The data collected is examined in the aggregate to improve the SDK and is maintained in 125accordance with Google's Privacy Policy. 126 1277. Third Party Applications for the Android Platform 128 1297.1 If you use the SDK to run applications developed by a third party or that access data, content 130or resources provided by a third party, you agree that Google is not responsible for those 131applications, data, content, or resources. You understand that all data, content or resources which 132you may access through such third party applications are the sole responsibility of the person from 133which they originated and that Google is not liable for any loss or damage that you may experience 134as a result of the use or access of any of those third party applications, data, content, or 135resources. 136 1377.2 You should be aware the data, content, and resources presented to you through such a third party 138application may be protected by intellectual property rights which are owned by the providers (or by 139other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute 140or create derivative works based on these data, content, or resources (either in whole or in part) 141unless you have been specifically given permission to do so by the relevant owners. 142 1437.3 You acknowledge that your use of such third party applications, data, content, or resources may 144be subject to separate terms between you and the relevant third party. In that case, this License 145Agreement does not affect your legal relationship with these third parties. 146 1478. Using Android APIs 148 1498.1 Google Data APIs 150 1518.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be 152protected by intellectual property rights which are owned by Google or those parties that provide 153the data (or by other persons or companies on their behalf). Your use of any such API may be subject 154to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create 155derivative works based on this data (either in whole or in part) unless allowed by the relevant 156Terms of Service. 157 1588.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you 159shall retrieve data only with the user's explicit consent and only when, and for the limited 160purposes for which, the user has given you permission to do so. 161 1629. Terminating this License Agreement 163 1649.1 This License Agreement will continue to apply until terminated by either you or Google as set 165out below. 166 1679.2 If you want to terminate this License Agreement, you may do so by ceasing your use of the SDK 168and any relevant developer credentials. 169 1709.3 Google may at any time, terminate this License Agreement with you if: 171 172(A) you have breached any provision of this License Agreement; or 173 174(B) Google is required to do so by law; or 175 176(C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated 177its relationship with Google or ceased to offer certain parts of the SDK to you; or 178 179(D) Google decides to no longer providing the SDK or certain parts of the SDK to users in the 180country in which you are resident or from which you use the service, or the provision of the SDK or 181certain SDK services to you by Google is, in Google's sole discretion, no longer commercially 182viable. 183 1849.4 When this License Agreement comes to an end, all of the legal rights, obligations and 185liabilities that you and Google have benefited from, been subject to (or which have accrued over 186time whilst this License Agreement has been in force) or which are expressed to continue 187indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall 188continue to apply to such rights, obligations and liabilities indefinitely. 189 19010. DISCLAIMER OF WARRANTIES 191 19210.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT THE 193SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE. 194 19510.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 196SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR 197COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 198 19910.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS 200OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, 201FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 202 20311. LIMITATION OF LIABILITY 204 20511.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS 206LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, 207INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY 208LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN 209AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 210 21112. Indemnification 212 21312.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless 214Google, its affiliates and their respective directors, officers, employees and agents from and 215against any and all claims, actions, suits or proceedings, as well as any and all losses, 216liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or 217accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any 218copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any 219person or defames any person or violates their rights of publicity or privacy, and (c) any 220non-compliance by you with this License Agreement. 221 22213. Changes to the License Agreement 223 22413.1 Google may make changes to the License Agreement as it distributes new versions of the SDK. 225When these changes are made, Google will make a new version of the License Agreement available on 226the website where the SDK is made available. 227 22814. General Legal Terms 229 23014.1 This License Agreement constitute the whole legal agreement between you and Google and govern 231your use of the SDK (excluding any services which Google may provide to you under a separate written 232agreement), and completely replace any prior agreements between you and Google in relation to the 233SDK. 234 23514.2 You agree that if Google does not exercise or enforce any legal right or remedy which is 236contained in this License Agreement (or which Google has the benefit of under any applicable law), 237this will not be taken to be a formal waiver of Google's rights and that those rights or remedies 238will still be available to Google. 239 24014.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision 241of this License Agreement is invalid, then that provision will be removed from this License 242Agreement without affecting the rest of this License Agreement. The remaining provisions of this 243License Agreement will continue to be valid and enforceable. 244 24514.4 You acknowledge and agree that each member of the group of companies of which Google is the 246parent shall be third party beneficiaries to this License Agreement and that such other companies 247shall be entitled to directly enforce, and rely upon, any provision of this License Agreement that 248confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall 249be third party beneficiaries to this License Agreement. 250 25114.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST 252COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE 253LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. 254 25514.6 The rights granted in this License Agreement may not be assigned or transferred by either you 256or Google without the prior written approval of the other party. Neither you nor Google shall be 257permitted to delegate their responsibilities or obligations under this License Agreement without the 258prior written approval of the other party. 259 26014.7 This License Agreement, and your relationship with Google under this License Agreement, shall 261be governed by the laws of the State of California without regard to its conflict of laws 262provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located 263within the county of Santa Clara, California to resolve any legal matter arising from this License 264Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for 265injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 266 267April 10, 2009 268