| ANDROID SOFTWARE DEVELOPMENT KIT |
| LICENSE AGREEMENT |
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| 1. Introduction |
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| 1.1 The Android Software Development Kit (referred to in this License Agreement as the "SDK" and |
| specifically including the Android system files and packaged APIs) is licensed to you subject to the terms |
| of this License Agreement. This License Agreement forms a legally binding contract between you and |
| Google in relation to your use of the SDK. |
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| 1.2 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600 |
| Amphitheatre Parkway, Mountain View, CA 94043, United States. |
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| 1.3 This version of the Android SDK is being offered to the developer community on an "Early Look" basis. |
| With the help and input of the developer community, Google will continue to add new functionality and |
| features to continually improve the SDK. Once the SDK reaches a more finished form, Google intends to |
| release most of the components under the Apache v2.0 open source license. |
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| 2. Accepting this License Agreement |
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| 2.1 In order to use the SDK, you must first agree to this License Agreement. You may not use the SDK if you |
| do not accept this License Agreement. |
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| 2.2 You can accept this License Agreement by: |
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| (A) clicking to accept or agree to this License Agreement, where this option is made available to you; |
| or |
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| (B) by actually using the SDK. In this case, you agree that use of the SDK constitutes acceptance of |
| the Licensing Agreement from that point onwards. |
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| 2.3 You may not use the SDK and may not accept the Licensing Agreement if you are a person barred from |
| receiving the SDK under the laws of the United States or other countries including the country in which |
| you are resident or from which you use the SDK. |
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| 2.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or other entity, you |
| represent and warrant that you have full legal authority to bind your employer or such entity to this License |
| Agreement. If you do not have the requisite authority, you may not accept the Licensing Agreement or use |
| the SDK on behalf of your employer or other entity. |
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| 3. SDK License from Google |
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| 3.1 Subject to the terms of this License Agreement, Google grants you a limited, worldwide, royalty-free, non- |
| assignable and non-exclusive license to use the SDK solely to develop applications to run on the Android |
| platform. |
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| 3.2 You agree that Google or third parties own all legal right, title and interest in and to the SDK, including any |
| Intellectual Property Rights that subsist in the SDK. "Intellectual Property Rights" means any and all rights |
| under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. |
| Google reserves all rights not expressly granted to you. |
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| 3.3. Except to the extent required by applicable third party licenses, you may not copy (except for backup |
| purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works |
| of the SDK or any part of the SDK. Except to the extent required by applicable third party licenses, you |
| may not load any part of the SDK onto a mobile handset or any other hardware device except a personal |
| computer, combine any part of the SDK with other software, or distribute any software or device |
| incorporating a part of the SDK. |
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| 3.4 Use, reproduction and distribution of components of the SDK licensed under an open source software |
| license are governed solely by the terms of that open source software license and not this License |
| Agreement. |
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| 3.5 You agree that the form and nature of the SDK that Google provides may change without prior notice to |
| you and that future versions of the SDK may be incompatible with applications developed on previous |
| versions of the SDK. You agree that Google may stop (permanently or temporarily) providing the SDK (or |
| any features within the SDK) to you or to users generally at Google's sole discretion, without prior notice |
| to you. |
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| 3.6 Nothing in this License Agreement gives you a right to use any of Google's trade names, trademarks, |
| service marks, logos, domain names, or other distinctive brand features. |
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| 3.7 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright |
| and trademark notices) that may be affixed to or contained within the SDK. |
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| 4. Use of the SDK by You |
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| 4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under this License |
| Agreement in or to any software applications that you develop using the SDK, including any intellectual |
| property rights which subsist in those applications. |
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| 4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) this License |
| Agreement 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). |
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| 4.3 You agree that if you use the SDK to develop applications for general public users, you will protect the |
| privacy and legal rights of those users. If the users provide you with user names, passwords, or other login |
| information or personal information, your must make the users aware that the information will be available |
| to your application, and you must provide legally adequate privacy notice and protection for those users. If |
| your application stores personal or sensitive information provided by users, it must do so securely. If the |
| user provides your application with Google Account information, your application may only use that |
| information to access the user's Google Account when, and for the limited purposes for which, the user has |
| given you permission to do so. |
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| 4.4 You agree that you will not engage in any activity with the SDK, including the development or distribution |
| of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, |
| networks, or other properties or services of any third party including, but not limited to, Google or any |
| mobile communications carrier. |
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| 4.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third |
| party for) any data, content, or resources that you create, transmit or display through the Android platform |
| and/or applications for the Android platform, and for the consequences of your actions (including any loss |
| or damage which Google may suffer) by doing so. |
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| 4.6 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 this License Agreement, any applicable third party contract |
| or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or |
| damage which Google or any third party may suffer) of any such breach. |
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| 5. Your Developer Credentials |
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| 5.1 You agree that you are responsible for maintaining the confidentiality of any developer credentials that may |
| be issued to you by Google or which you may choose yourself and that you will be solely responsible for |
| all applications that are developed under your developer credentials. |
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| 6. Privacy and Information |
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| 6.1 In order to continually innovate and improve the SDK, Google may collect certain usage statistics from the |
| software including but not limited to a unique identifier, associated IP address, version number of the |
| software, and information on which tools and/or services in the SDK are being used and how they are being |
| used. Before any of this information is collected, the SDK will notify you and seek your consent. If you |
| withhold consent, the information will not be collected. |
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| 6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in accordance with |
| Google's Privacy Policy. |
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| 7. Third Party Applications for the Android Platform |
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| 7.1 If you use the SDK to run applications developed by a third party or that access data, content or resources |
| provided by a third party, you agree that Google is not responsible for those applications, data, content, or |
| resources. You understand that all data, content or resources which you may access through such third |
| party applications are the sole responsibility of the person from which they originated and that Google is |
| not liable for any loss or damage that you may experience as a result of the use or access of any of those |
| third party applications, data, content, or resources. |
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| 7.2 You should be aware the data, content, and resources presented to you through such a third party |
| application may be protected by intellectual property rights which are owned by the providers (or by other |
| persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create |
| derivative works based on these data, content, or resources (either in whole or in part) unless you have been |
| specifically given permission to do so by the relevant owners. |
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| 7.3 You acknowledge that your use of such third party applications, data, content, or resources may be subject |
| to separate terms between you and the relevant third party. In that case, this License Agreement does not |
| affect your legal relationship with these third parties. |
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| 8. Using Android APIs |
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| 8.1 Android Maps API |
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| 8.1.1 If you use the Android Maps API (described in the SDK by the Package name |
| "com.google.android.maps"), the terms of your binding legal agreement with Google include this |
| License Agreement, the Google Maps API Terms of Service and the Google Maps Terms of |
| Service. You must read and agree to those Terms of Service before you use the Android Maps |
| API. |
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| 8.1.2 If you use the Android Maps API to retrieve map or satellite image data from Google, you must |
| include the following copyright notice in your application or service in a manner that is reasonably |
| available to users: |
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| "Copyright Notice: Data: (c)2007 TeleAtlas, AND, Europa Technologies, |
| Kingway, Map Data Sciences Pty Ltd, PSMA, ZENRIN, Geocentre, |
| MapLink/TeleAtlas; Imagery: (c)2007 DigitalGlobe, EarthSat, Sanborn, |
| NYGIS, Scankort, TerraMetrics, MassGIS Commonwealth of Massachusetts, |
| Digital Earth Technology." |
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| 8.2 Google Data APIs |
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| 8.2.1 If you use any API to retrieve data from Google, you acknowledge that the data may be protected |
| by intellectual property rights which are owned by those who provide that data (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 data (either in whole or in part) unless you have been |
| specifically given permission to do so by the owners of that data. |
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| 8.2.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you |
| shall retrieve data only with the user's explicit consent and only when, and for the limited |
| purposes for which, the user has given you permission to do so. |
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| 9. Terminating this License Agreement |
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| 9.1 This License Agreement will continue to apply until terminated by either you or Google as set out below. |
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| 9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of the SDK and any |
| relevant developer credentials. |
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| 9.3 Google may at any time, terminate this License Agreement with you if: |
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| (A) you have breached any provision of this License Agreement; or |
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| (B) Google is required to do so by law; or |
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| (C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated |
| its relationship with Google or ceased to offer certain parts of the SDK to you; or |
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| (D) Google decides to no longer providing the SDK or certain parts of the SDK to users in the country |
| in which you are resident or from which you use the service, or the provision of the SDK or |
| certain SDK services to you by Google is, in Google's sole discretion, no longer commercially |
| viable. |
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| 9.4 When this License Agreement comes 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 this License |
| Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this |
| cessation, and the provisions of paragraph 14.7 shall continue to apply to such rights, obligations and |
| liabilities indefinitely. |
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| 10. DISCLAIMER OF WARRANTIES |
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| 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR |
| SOLE RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT |
| WARRANTY OF ANY KIND FROM GOOGLE. |
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| 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED |
| THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE |
| SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER |
| DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. |
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| 10.3 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. |
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| 11. LIMITATION OF LIABILITY |
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| 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND |
| AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF |
| LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR |
| EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF |
| DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR |
| SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. |
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| 12. Indemnification |
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| 12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Google, its |
| affiliates and their respective directors, officers, employees and agents from and against any and all claims, |
| actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses |
| (including reasonable attorneys fees) arising out of or accruing from (a) your use of the SDK, (b) any |
| application you develop on the SDK that infringes any copyright, trademark, trade secret, trade dress, |
| patent or other intellectual property right of any person or defames any person or violates their rights of |
| publicity or privacy, and (c) any non-compliance by you with this License Agreement. |
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| 13. Changes to the License Agreement |
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| 13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK. When |
| these changes are made, Google will make a new version of the License Agreement available on the |
| website where the SDK is made available and with the SDK downloadable. |
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| 13.2 You agree that your use of a specific version of the SDK is governed by the License Agreement included |
| with that version of the SDK. |
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| 14. General Legal Terms |
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| 14.1 This License Agreement constitute the whole legal agreement between you and Google and govern your |
| use of the SDK (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 SDK. |
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| 14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in this |
| License Agreement (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. |
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| 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this License |
| Agreement is invalid, then that provision will be removed from this License Agreement without affecting |
| the rest of this License Agreement. The remaining provisions of this License Agreement will continue to |
| be valid and enforceable. |
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| 14.4 You acknowledge and agree that each member of the group of companies of which Google is the parent |
| shall be third party beneficiaries to this License Agreement and that such other companies shall be entitled |
| to directly enforce, and rely upon, any provision of this License Agreement that confers a benefit on (or |
| rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to |
| this License Agreement. |
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| 14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND |
| REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT |
| LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE |
| RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. |
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| 14.6 The rights granted in this License Agreement may not be assigned or transferred by either you or Google |
| without the prior written approval of the other party. Neither you nor Google shall be permitted to delegate |
| their responsibilities or obligations under this License Agreement without the prior written approval of the |
| other party. |
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| 14.7 This License Agreement, and your relationship with Google under this License Agreement, 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 this License Agreement. 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. |
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| February 12, 2008 |
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