|  |  | 
|  |  | 
|  |  | 
|  | <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 this 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 this License Agreement. This License Agreement forms a | 
|  | legally binding contract between you and Google in relation to your use of the SDK. | 
|  |  | 
|  | </p> | 
|  | <p> | 
|  | 1.2 "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 this License Agreement. You may not use | 
|  | the SDK if you do not accept this License Agreement. | 
|  | </p> | 
|  | <p> | 
|  | 2.2 You can accept this License Agreement by: | 
|  | </p> | 
|  | <p> | 
|  | (A) clicking to accept or agree to this License Agreement, where this option is made | 
|  | available to you; or | 
|  | </p> | 
|  | <p> | 
|  | (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. | 
|  | </p> | 
|  | <p> | 
|  | 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. | 
|  | </p> | 
|  | <p> | 
|  | 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. | 
|  | </p> | 
|  | <h2> | 
|  | 3. SDK License from Google | 
|  | </h2> | 
|  | <p> | 
|  | 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. | 
|  | </p> | 
|  | <p> | 
|  | 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. | 
|  |  | 
|  | </p> | 
|  | <p> | 
|  | 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. | 
|  | </p> | 
|  | <p> | 
|  | 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. | 
|  | </p> | 
|  | <p> | 
|  | 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. | 
|  | </p> | 
|  | <p> | 
|  | 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. | 
|  | </p> | 
|  | <p> | 
|  | 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. | 
|  | </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 this 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) 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). | 
|  | </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, 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. | 
|  | </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 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. | 
|  | </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 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. | 
|  | </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 for the Android Platform | 
|  | </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, | 
|  | this 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 This 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 this 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 this License Agreement with you if: | 
|  | </p> | 
|  | <p> | 
|  | (A) you have breached any provision of this 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 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. | 
|  | </p> | 
|  | <p> | 
|  | 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. | 
|  | </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 this License Agreement. | 
|  | </p> | 
|  | <h2> | 
|  | 13. Changes to the License Agreement | 
|  | </h2> | 
|  | <p> | 
|  | 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. | 
|  | </p> | 
|  | <h2> | 
|  | 14. General Legal Terms | 
|  | </h2> | 
|  | <p> | 
|  | 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. | 
|  | </p> | 
|  | <p> | 
|  | 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. | 
|  | </p> | 
|  | <p> | 
|  | 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. | 
|  | </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 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. | 
|  | </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 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. | 
|  | </p> | 
|  | <p> | 
|  | 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. | 
|  | </p> | 
|  | <p> | 
|  | <em>April 10, 2009</em> | 
|  | </p> |