| <p>This is the Android Software Development Kit License Agreement.</p> | |
| <h2> | |
| 1. Introduction | |
| </h2> | |
| <p> | |
| 1.1 The Android Software Development Kit (referred to in the License Agreement as the "SDK" and | |
| specifically including the Android system files, packaged APIs, and Google APIs add-ons) is | |
| licensed to you subject to the terms of the License Agreement. The License Agreement forms a | |
| legally binding contract between you and Google in relation to your use of the SDK. | |
| </p> | |
| <p> | |
| 1.2 "Android" means the Android software stack for devices, as made available under the Android | |
| Open Source Project, which is located at the following URL: http://source.android.com/, as | |
| updated from time to time. | |
| </p> | |
| <p> | |
| 1.3 A "compatible implementation" means any Android device that (i) complies with the Android | |
| Compatibility Definition document, which can be found at the Android compatibility website | |
| (http://source.android.com/compatibility) and which may be updated from time to time; and (ii) | |
| successfully passes the Android Compatibility Test Suite (CTS). | |
| </p> | |
| <p> | |
| 1.4 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600 | |
| Amphitheatre Parkway, Mountain View, CA 94043, United States. | |
| </p> | |
| <h2> | |
| 2. Accepting this License Agreement | |
| </h2> | |
| <p> | |
| 2.1 In order to use the SDK, you must first agree to the License Agreement. You may not use the | |
| SDK if you do not accept the License Agreement. | |
| </p> | |
| <p> | |
| 2.2 By clicking to accept, you hereby agree to the terms of the License Agreement. | |
| </p> | |
| <p> | |
| 2.3 You may not use the SDK and may not accept the License 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. | |
| </p> | |
| <p> | |
| 2.4 If you are agreeing to be bound by the 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 the License Agreement. If you do not have the requisite authority, you may not | |
| accept the License Agreement or use the SDK on behalf of your employer or other entity. | |
| </p> | |
| <h2> | |
| 3. SDK License from Google | |
| </h2> | |
| <p> | |
| 3.1 Subject to the terms of the License Agreement, Google grants you a limited, worldwide, | |
| royalty-free, non-assignable, non-exclusive, and non-sublicensable license to use the SDK solely | |
| to develop applications for compatible implementations of Android. | |
| </p> | |
| <p> | |
| 3.2 You may not use this SDK to develop applications for other platforms (including | |
| non-compatible implementations of Android) or to develop another SDK. You are of course free to | |
| develop applications for other platforms, including non-compatible implementations of Android, | |
| provided that this SDK is not used for that purpose. | |
| </p> | |
| <p> | |
| 3.3 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. | |
| </p> | |
| <p> | |
| 3.4 You may not use the SDK for any purpose not expressly permitted by the License Agreement. | |
| Except to the extent required by applicable third party licenses, you may not: (a) 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; or (b) 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. | |
| </p> | |
| <p> | |
| 3.5 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 | |
| the License Agreement. | |
| </p> | |
| <p> | |
| 3.6 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. | |
| </p> | |
| <p> | |
| 3.7 Nothing in the 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. | |
| </p> | |
| <p> | |
| 3.8 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. | |
| </p> | |
| <h2> | |
| 4. Use of the SDK by You | |
| </h2> | |
| <p> | |
| 4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under | |
| the License Agreement in or to any software applications that you develop using the SDK, | |
| including any intellectual property rights that subsist in those applications. | |
| </p> | |
| <p> | |
| 4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) | |
| the 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). | |
| </p> | |
| <p> | |
| 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, you 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. | |
| </p> | |
| <p> | |
| 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. | |
| </p> | |
| <p> | |
| 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 Android and/or applications for Android, and for the consequences of your actions | |
| (including any loss or damage which Google may suffer) by doing so. | |
| </p> | |
| <p> | |
| 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 the 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. | |
| </p> | |
| <h2> | |
| 5. Your Developer Credentials | |
| </h2> | |
| <p> | |
| 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. | |
| </p> | |
| <h2> | |
| 6. Privacy and Information | |
| </h2> | |
| <p> | |
| 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. | |
| </p> | |
| <p> | |
| 6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in | |
| accordance with Google's Privacy Policy. | |
| </p> | |
| <h2> | |
| 7. Third Party Applications | |
| </h2> | |
| <p> | |
| 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. | |
| </p> | |
| <p> | |
| 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. | |
| </p> | |
| <p> | |
| 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, the | |
| License Agreement does not affect your legal relationship with these third parties. | |
| </p> | |
| <h2> | |
| 8. Using Android APIs | |
| </h2> | |
| <p> | |
| 8.1 Google Data APIs | |
| </p> | |
| <p> | |
| 8.1.1 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 Google or those parties that provide | |
| the data (or by other persons or companies on their behalf). Your use of any such API may be | |
| subject to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute | |
| or create derivative works based on this data (either in whole or in part) unless allowed by the | |
| relevant Terms of Service. | |
| </p> | |
| <p> | |
| 8.1.2 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. | |
| </p> | |
| <h2> | |
| 9. Terminating this License Agreement | |
| </h2> | |
| <p> | |
| 9.1 The License Agreement will continue to apply until terminated by either you or Google as set | |
| out below. | |
| </p> | |
| <p> | |
| 9.2 If you want to terminate the License Agreement, you may do so by ceasing your use of the SDK | |
| and any relevant developer credentials. | |
| </p> | |
| <p> | |
| 9.3 Google may at any time, terminate the License Agreement with you if: | |
| </p> | |
| <p> | |
| (A) you have breached any provision of the License Agreement; or | |
| </p> | |
| <p> | |
| (B) Google is required to do so by law; or | |
| </p> | |
| <p> | |
| (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 | |
| </p> | |
| <p> | |
| (D) Google decides to no longer provide 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. | |
| </p> | |
| <p> | |
| 9.4 When the 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 the 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. | |
| </p> | |
| <h2> | |
| 10. DISCLAIMER OF WARRANTIES | |
| </h2> | |
| <p> | |
| 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. | |
| </p> | |
| <p> | |
| 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. | |
| </p> | |
| <p> | |
| 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. | |
| </p> | |
| <h2> | |
| 11. LIMITATION OF LIABILITY | |
| </h2> | |
| <p> | |
| 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. | |
| </p> | |
| <h2> | |
| 12. Indemnification | |
| </h2> | |
| <p> | |
| 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 the License Agreement. | |
| </p> | |
| <h2> | |
| 13. Changes to the License Agreement | |
| </h2> | |
| 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. | |
| <h2> | |
| 14. General Legal Terms | |
| </h2> | |
| <p> | |
| 14.1 The License Agreement constitutes the whole legal agreement between you and Google and | |
| governs your use of the SDK (excluding any services which Google may provide to you under a | |
| separate written agreement), and completely replaces any prior agreements between you and Google | |
| in relation to the SDK. | |
| </p> | |
| <p> | |
| 14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is | |
| contained in the 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. | |
| </p> | |
| <p> | |
| 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any | |
| provision of the License Agreement is invalid, then that provision will be removed from the | |
| License Agreement without affecting the rest of the License Agreement. The remaining provisions | |
| of the License Agreement will continue to be valid and enforceable. | |
| </p> | |
| <p> | |
| 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 the License Agreement and that such other companies | |
| shall be entitled to directly enforce, and rely upon, any provision of the 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 the License Agreement. | |
| </p> | |
| <p> | |
| 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. | |
| </p> | |
| <p> | |
| 14.6 The rights granted in the 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 the License Agreement without | |
| the prior written approval of the other party. | |
| </p> | |
| <p> | |
| 14.7 The License Agreement, and your relationship with Google under the 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 the 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. | |
| </p> | |
| <p> | |
| <em>November 20, 2015</em> | |
| </p> |