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Wednesday, February 1, 2012
Google API Console Terms
Google APIs Terms of Service
Last modified: December 9, 2011
Thank you for using Google's APIs. These APIs are provided by Google Inc. (referred to as Google, we, our, or us in these terms), located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
These terms outline your rights and responsibilities when using our APIs, so read them carefully. Additional terms may apply to the use of an API, including additional terms of service, terms within the accompanying API documentation, and any applicable policies or guidelines. If there is a conflict between these terms and the additional terms, the additional terms apply for that conflict. If you use the APIs as an interface to, or in conjunction with other Google products and services, then the terms for such products and services also apply.
1. Account and Registration
1. Accepting the Terms
You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs.
2. Your Google Account
You may need to create a Google account in order to use an API or a Google account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Google account assigned to you by an administrator, your legal relationship with your administrator may affect that account. It's your responsibility to keep your password, account credentials, and accounts secure. If you learn of any unauthorized use of your account, follow the instructions at http://www.google.com/support/accounts/bin/answer.py?answer=58585.
In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. You agree that any registration information you give to Google will always be accurate and up to date.
4. Subsidiaries and Affiliates
Google has subsidiaries and affiliated legal entities around the world. You agree that these companies may provide the APIs to you on behalf of Google and these terms will also govern your relationship with these companies.
2. Using Our APIs
1. Your End Users
You will require your end users to comply with any applicable law and these terms. You will not knowingly enable your end users to violate applicable law or these terms.
2. Compliance with Law
You will use our APIs only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs to encourage or promote illegal activity.
3. Permitted Access
You will only access (or attempt to access) an API by the means described in the documentation of that API. If Google assigns you developer credentials or Client IDs, you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.
4. API Limitations
Google may set limits on the number of API requests that you can make, at its sole discretion. You agree to such limitations and will not attempt to circumvent such limitations.
5. Open Source Software
Some of the software required by or included in our APIs may be offered under an open source license. There may be provisions in the open source license that expressly override some of these terms, and in those cases, the overriding provisions apply.
Google may monitor the use of the APIs to ensure quality, improve Google products and services, and verify your compliance with these terms. You will not interfere with such monitoring. Google may use any technical means to overcome such interference.
7. Communication with Google
You agree that we may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication.
If you provide feedback or suggestions about our APIs, then we may use such information without obligation to you.
3. Your API Clients
1. API Clients
The APIs are designed to help you enhance your websites and applications (API Client(s)). Google reserves the right to investigate any API Client for compliance with these terms. Such investigations may include Google accessing and using your API Client, for example to identify security issues that could affect Google or its users. You consent to any such investigation. Google may suspend access to our APIs by you or your API Client without notice if we reasonably believe that you are in violation of these terms.
You will use commercially reasonable efforts to protect user information collected by your API Client, including personally identifiable information (PII), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information.
Google does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.
4. User Privacy and API Clients
1. API Prohibitions
When using the APIs, the following prohibitions apply:
1. You will not sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.
2. You will not perform an action with the intent of introducing to Google products and services any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
3. You will not defame, abuse, harass, stalk or threaten others.
4. You will not interfere with or disrupt the APIs or the servers or networks providing the APIs.
5. You will not promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
6. You will not reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
7. Certain developer credentials are, by their nature, considered confidential. You will not disclose such confidential credentials to any third party except your agent(s) using such information solely on your behalf in accordance with these terms and under a written duty of confidentiality.
8. Our communications to you may contain Google confidential information. If you receive any materials or communications that are clearly confidential or marked confidential, then you will not disclose the Google confidential information to any third party without Google's prior written consent.
1. Content Accessible Through our APIs
Our APIs contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content. Finally, content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with local laws, regulations, and policies.
Google reserves the right in its discretion to include advertising in the content returned through the APIs. If any advertisements are returned, you may not modify such advertisements and you must show them in accordance with the relevant API documentation.
3. Submission of Content
Some of our APIs allow the submission of content, and except as expressly provided in these terms, Google does not acquire any ownership of any intellectual property rights that you or your end users hold in the content that you submit to our APIs through your API Client. By submitting, posting or displaying content to or from the APIs through your API Client, you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content. However, Google will only use such content for the purpose of enabling Google to provide the APIs and only in accordance with the applicable Googleprivacy policies. You agree that this license includes a right for Google to make such content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services. Before you submit content to our APIs through your API Client, ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.
4. Retrieval of content
When a user's non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.
5. Data Portability
Google supports data portability. By accessing users' data through the APIs for use in any of your services or applications, you agree to enable your users of any such service or application to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from Google products and services, subject to applicable laws.
6. Prohibitions on Content
Unless expressly permitted by the content owner or by applicable law, you agree that you will not, and will not permit your end users to, do the following with content returned from the APIs:
1. Scrape, build databases or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
2. Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display or sublicense to any third party;
3. Misrepresent the source or ownership; or
4. Remove, obscure, or alter any copyright, trademark or other proprietary rights notices, falsify or delete any author attributions, legal notices or other labels of the origin or source of material.
6. Brand Features; Attribution
1. Brand Features
"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, these terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Google's Brand Features (including any goodwill associated therewith) will inure to the benefit of Google.
You agree to display any attribution(s) required by Google as described in the documentation for the API. Google hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license during the term to display Google's Brand Features for the purpose of promoting or advertising that you use the APIs. You must only use the Google Brand Features in accordance with these terms and for the purpose of fulfilling your obligations under this Section. In using Google's Brand Features, you must follow the Google Brand Features Use Guidelines at http://www.google.com/permissions/guidelines.html. You understand and agree that Google has the sole discretion to determine whether your attribution(s) and use of Google's Brand Features are in accordance with the above requirements and guidelines.
You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by or endorsement by Googlewithout Google's prior written approval.
4. Promotional and Marketing Use
In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Googleproducts, Google may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
7. Privacy and Copyright Protection
1. Google Privacy Policies
By using our APIs, you agree that Google can use submitted information in accordance with our privacy policies, such as www.google.com/privacypolicy.htm.
2. Google DMCA Policy
We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices, and Google's policy about responding to notices at http://www.google.com/dmca.html.
You may stop using our APIs at any time. If you want to terminate these terms, you must provide Google with 7 days prior written notice and upon termination, cease your use of the applicable APIs. Google reserves the right to terminate these terms or discontinue the APIs or any portion or feature for any reason and at any time without liability or other obligation to you.
2. Your Obligations Post-Termination
Upon any termination of these terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the Google Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. Google may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
3. Surviving Provisions
When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 8, 9, and 10.
9. Liability for our APIs
NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE QUALITY OF THE APIS OR THE CONTENT ACCESSED THROUGH THE APIS, THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. THE APIS AND CONTENT ACCESSED THROUGH THE APIS ARE PROVIDED "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED WARRANTIES.
2. LIMITATION OF LIABILITY
WHEN PERMITTED BY LAW, GOOGLE, AND GOOGLE'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY WARRANTIES THAT MAY NOT LEGALLY BE EXCLUDED, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. NOTHING IN THESE TERMS LIMITS YOUR RESPONSIBILITY FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IN ALL CASES, GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You agree to hold harmless and indemnify Google, and its subsidiaries, affiliates, officers, agents, and employees, or partners, from and against any third party claim arising from or in any way related to:
1. your misuse or your end user's misuse of the APIs; or
2. your violation or your end user's violation of these terms,
including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Google will provide you with written notice of such claim, suit or action.
10. General Provisions
We may modify these terms or any additional terms that apply to an API occasionally, for example, to reflect changes to the law or changes to our APIs. We'll post notice of modifications to these terms or the additional terms within the documentation of each applicable API. Changes are effective seven (7) days after they are posted. However, changes specific to new functionality for an API or changes made for legal reasons will be effective immediately. You agree that your continued use of the API constitutes an acceptance of the modified terms.
2. General Legal Terms
These terms control the relationship between Google and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and Google does not take action right away, this does not mean that Google is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of California, U.S.A., excluding California's choice of law rules, will apply to any disputes arising out of or related to these terms or the services. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA, AND YOU AND GOOGLE CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
GOOGLE LATITUDE API TERMS OF SERVICE
LAST MODIFIED: DECEMBER 9, 2011
BY USING THIS API, YOU CONSENT TO BE BOUND BY THESE TERMS IN ADDITION TO THE GOOGLE APIS TERMS OF SERVICE ("API TOS") AT HTTP://CODE.GOOGLE.COM/APIS/TERMS/INDEX.HTML.
1. PRIVACY OBLIGATIONS
IN ADDITION TO THE PRIVACY OBLIGATIONS IN SECTION 3 OF THE API TOS, YOU AGREE THAT:
1. IF YOU SHARE ANY LOCATION INFORMATION WITH GOOGLE, YOU MUST DISCLOSE THIS TO YOUR END USER AND PROVIDE SOME OPTION THAT WILL ALLOW THEM TO OPT OUT OF THIS SHARING.
2. IF YOU WISH TO ASSOCIATE PERSONALLY IDENTIFIABLE INFORMATION (AS DEFINED BY THE RELEVANT LOCAL LAW) WITH THIS LOCATION INFORMATION AND/OR SHARE IT WITH GOOGLE, YOU MUST ALSO DISCLOSE THIS TO YOUR END USER AND OBTAIN THEIR PRIOR EXPRESS CONSENT BEFORE DOING SO.
3. IF YOU WISH TO MIX THE LATITUDE API CONTENT WITH OTHER SOURCES OF LOCATION DATA, YOU MUST DISCLOSE TO YOUR END USERS THAT THE DATA COMES FROM MULTIPLE SOURCES AND EXPLAIN IF AND HOW THE MIXED LOCATION DATA IS SHARED BACK WITH THE DIFFERENT SOURCES, INCLUDING GOOGLE.
IN ADDITION TO THE PROHIBITIONS IN SECTION 4 OF THE API TOS, THE FOLLOWING PROHIBITIONS APPLY:
1. YOU MAY NOT ACCESS, UPDATE, USE OR SHARE LATITUDE API CONTENT WITHOUT USER CONSENT.
2. YOU MAY NOT ACCESS, UPDATE, USE OR SHARE LATITUDE API CONTENT WITHOUT DISPLAYING THIS CONTENT OR A SUMMARY.
3. YOU MAY NOT CACHE OR STORE ANY LATITUDE API CONTENT IF THE LATITUDE END USER HAS ASKED THAT THIS CONTENT BE DELETED.
4. EXCEPT AS SPECIFICALLY LICENSED BY GOOGLE, YOU MAY NOT USE THE LATITUDE API OR RELATED CONTENT WITH ANY PRODUCTS OR SERVICES THAT PERFORM: (A) REAL TIME ROUTE GUIDANCE (INCLUDING WITHOUT LIMITATION, TURN-BY-TURN ROUTE GUIDANCE AND OTHER ROUTING THAT IS ENABLED THROUGH THE USE OF A SENSOR); (B) ANY SYSTEMS OR FUNCTIONS FOR AUTOMATIC OR AUTONOMOUS CONTROL OF VEHICLES, AIRCRAFT, OR OTHER MECHANICAL DEVICES; (C) DISPATCH, FLEET MANAGEMENT OR SIMILAR APPLICATIONS; OR (D) EMERGENCY OR LIFE-SAVING PURPOSES.
3. COMPLIANCE WITH GOOGLE SOFTWARE PRINCIPLES
YOU AND YOUR PRODUCT MUST ALSO COMPLY WITH THE GOOGLE SOFTWARE PRINCIPLES, CURRENTLY LOCATED AT HTTP://WWW.GOOGLE.COM/CORPORATE/SOFTWARE_PRINCIPLES.HTML.
4. ADDITIONAL LICENSE GRANT
THE LICENSE GRANTED IN SECTION 5 "SUBMISSION OF CONTENT" OF THE API TOS IS EXTENDED TO INCLUDE USAGE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO, IMPROVEMENT OF OTHER PRODUCTS AND SERVICES.
1. LICENSE AGREEMENT
2. GOOGLE CLOUD STORAGE AND GOOGLE PREDICTION API
THIS LICENSE AGREEMENT FOR GOOGLE CLOUD STORAGE AND GOOGLE PREDICTION API (THE "AGREEMENT") IS MADE AND ENTERED INTO BY AND BETWEEN GOOGLE INC., A DELAWARE CORPORATION, WITH OFFICES AT 1600 AMPHITHEATRE PARKWAY, MOUNTAIN VIEW 94043 ("GOOGLE") AND THE BUSINESS ENTITY AGREEING TO THESE TERMS ("CUSTOMER"). THIS AGREEMENT IS EFFECTIVE AS OF THE DATE CUSTOMER CLICKS THE "I ACCEPT" BUTTON BELOW (THE "EFFECTIVE DATE"). IF YOU ARE ACCEPTING ON BEHALF OF CUSTOMER, YOU REPRESENT AND WARRANT THAT: (I) IF YOU HAVE FULL LEGAL AUTHORITY TO BIND CUSTOMER TO THIS AGREEMENT; (II) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; AND (III) YOU AGREE, ON BEHALF OF CUSTOMER, TO THIS AGREEMENT. IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND CUSTOMER, PLEASE DO NOT CLICK THE "I ACCEPT" BUTTON BELOW. THIS AGREEMENT GOVERNS CUSTOMER'S ACCESS TO AND USE OF THE SERVICE.
1.1. FROM GOOGLE TO CUSTOMER. SUBJECT TO THIS AGREEMENT, GOOGLE GRANTS TO CUSTOMER A WORLDWIDE, NON-SUBLICENSABLE, NON-TRANSFERABLE, NON-EXCLUSIVE, TERMINABLE, LIMITED LICENSE TO (A) USE THE SERVICE, (B) INTEGRATE THE SERVICES INTO ANY APPLICATION AND (C) USE ANY SOFTWARE PROVIDED BY GOOGLE AS PART OF THE SERVICE.
1.2. FROM CUSTOMER TO GOOGLE. BY SUBMITTING, POSTING OR DISPLAYING ANY CUSTOMER DATA ON OR THROUGH THE SERVICE, CUSTOMER GIVES GOOGLE A WORLDWIDE, NON-SUBLICENSABLE, NON-TRANSFERABLE, NON-EXCLUSIVE, TERMINABLE, LIMITED LICENSE TO REPRODUCE, ADAPT, MODIFY, TRANSLATE, PUBLISH, PUBLICLY PERFORM, PUBLICLY DISPLAY AND DISTRIBUTE ANY CUSTOMER DATA FOR THE SOLE PURPOSE OF ENABLING GOOGLE TO PROVIDE CUSTOMER WITH THE SERVICE IN ACCORDANCE WITH THE AGREEMENT.
2. PROVISION OF THE SERVICE
2.1. CONSOLE. GOOGLE WILL PROVIDE THE SERVICE TO CUSTOMER. AS PART OF RECEIVING THE SERVICE, CUSTOMER WILL HAVE ACCESS TO THE ADMIN CONSOLE, THROUGH WHICH CUSTOMER MAY ADMINISTER THE SERVICE.
2.2. FACILITIES AND DATA TRANSFER. ALL FACILITIES USED TO STORE AND PROCESS CUSTOMER DATA WILL ADHERE TO REASONABLE SECURITY STANDARDS NO LESS PROTECTIVE THAN THE SECURITY STANDARDS AT FACILITIES WHERE GOOGLE PROCESSES AND STORES ITS OWN INFORMATION OF A SIMILAR TYPE. GOOGLE HAS IMPLEMENTED AT LEAST INDUSTRY STANDARD SYSTEMS AND PROCEDURES TO ENSURE THE SECURITY AND CONFIDENTIALITY OF CUSTOMER DATA, PROTECT AGAINST ANTICIPATED THREATS OR HAZARDS TO THE SECURITY OR INTEGRITY OF CUSTOMER DATA, AND PROTECT AGAINST UNAUTHORIZED ACCESS TO OR USE OF CUSTOMER DATA. GOOGLE MAY PROCESS AND STORE CUSTOMER DATA IN THE UNITED STATES OR ANY OTHER COUNTRY IN WHICH GOOGLE OR ITS AGENTS MAINTAIN FACILITIES. BY USING THE SERVICE, CUSTOMER CONSENTS TO THIS PROCESSING AND STORAGE OF CUSTOMER DATA.
2.3. ACCOUNTS. CUSTOMER MUST HAVE AN ACCOUNT AND A TOKEN TO USE THE SERVICE, AND IS RESPONSIBLE FOR THE INFORMATION IT PROVIDES TO CREATE THE ACCOUNT, THE SECURITY OF THE TOKEN OR ITS PASSWORDS FOR THE ACCOUNT, AND FOR ANY USE OF ITS ACCOUNT OR THE TOKEN. IF CUSTOMER BECOMES AWARE OF ANY UNAUTHORIZED USE OF ITS PASSWORD, ITS ACCOUNT OR THE TOKEN, CUSTOMER WILL NOTIFY GOOGLE AS PROMPTLY AS POSSIBLE.
2.5. NEW APPLICATIONS. GOOGLE MAY MAKE NEW APPLICATIONS, TOOLS, FEATURES OR FUNCTIONALITY AVAILABLE FROM TIME TO TIME THROUGH THE SERVICE, THE USE OF WHICH MAY BE CONTINGENT UPON CUSTOMER'S AGREEMENT TO ADDITIONAL TERMS.
C. TO THE SERVICE. SUBJECT TO SECTION 7 (DEPRECATION), GOOGLE MAY MAKE COMMERCIALLY REASONABLE UPDATES TO THE SERVICE FROM TIME TO TIME. IF GOOGLE MAKES A MATERIAL CHANGE TO THE SERVICE, GOOGLE WILL INFORM CUSTOMER, PROVIDED THAT CUSTOMER HAS SUBSCRIBED WITH GOOGLE TO BE INFORMED ABOUT SUCH CHANGE.
A. TO THE AGREEMENT. GOOGLE MAY MAKE CHANGES TO THIS AGREEMENT, INCLUDING PRICING FROM TIME TO TIME. UNLESS OTHERWISE NOTED BY GOOGLE, MATERIAL CHANGES TO THE AGREEMENT WILL BECOME EFFECTIVE 30 DAYS AFTER THEY ARE POSTED, EXCEPT IF THE CHANGES APPLY TO NEW FUNCTIONALITY IN WHICH CASE THEY WILL BE EFFECTIVE IMMEDIATELY. IF CUSTOMER DOES NOT AGREE TO THE REVISED AGREEMENT, PLEASE STOP USING THE SERVICE. GOOGLE WILL POST ANY MODIFICATION TO THIS AGREEMENT TO THE TERMS URL.
3. PAYMENT TERMS
3.1. FREE QUOTA. THE SERVICE IS PROVIDED TO CUSTOMER WITHOUT CHARGE UP TO THE FEE THRESHOLD.
3.2. ONLINE BILLING. GOOGLE WILL ISSUE AN ELECTRONIC BILL TO THE CUSTOMER FOR ALL CHARGES ACCRUED ABOVE THE FEE THRESHOLD. CHARGES ARE SOLELY BASED ON GOOGLE'S MEASUREMENTS OF CUSTOMER'S USE OF THE SERVICE AND MAY INCLUDE MONTHLY FEES. FOR USE ABOVE THE FEE THRESHOLD, CUSTOMER SHALL BE RESPONSIBLE FOR ALL CHARGES UP TO THE AMOUNT SET IN THE ACCOUNT AND SHALL PAY ALL CHARGES IN U.S. DOLLARS OR IN SUCH OTHER CURRENCY AS AGREED TO IN WRITING BY THE PARTIES. CUSTOMER SHALL PAY ALL CHARGES IN ACCORDANCE WITH THE PAYMENT TERMS IN THE SERVICE FAQ.
3.3. DELINQUENT PAYMENTS. LATE PAYMENTS MAY BEAR INTEREST AT THE RATE OF 1.5% PER MONTH (OR THE HIGHEST RATE PERMITTED BY LAW, IF LESS). GOOGLE RESERVES THE RIGHT TO SUSPEND YOUR ACCOUNT FOR ANY LATE PAYMENTS.
3.4. TAXES. CUSTOMER IS RESPONSIBLE FOR ANY TAXES, AND CUSTOMER WILL PAY GOOGLE FOR THE SERVICES WITHOUT ANY REDUCTION FOR TAXES. IF GOOGLE IS OBLIGATED TO COLLECT OR PAY TAXES, THE TAXES WILL BE INVOICED TO CUSTOMER, UNLESS CUSTOMER PROVIDES GOOGLE WITH A VALID TAX EXEMPTION CERTIFICATE AUTHORIZED BY THE APPROPRIATE TAXING AUTHORITY. IF CUSTOMER IS REQUIRED BY LAW TO WITHHOLD ANY TAXES FROM ITS PAYMENTS TO GOOGLE, CUSTOMER MUST PROVIDE GOOGLE WITH AN OFFICIAL TAX RECEIPT OR OTHER APPROPRIATE DOCUMENTATION TO SUPPORT SUCH PAYMENTS.
3.5. INVOICE DISPUTES & REFUNDS. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER WAIVES ALL CLAIMS RELATING TO CHARGES UNLESS CLAIMED WITHIN SIXTY DAYS AFTER THE CHARGE (THIS DOES NOT AFFECT ANY CUSTOMER RIGHTS WITH ITS CREDIT CARD ISSUER). REFUNDS (IF ANY) ARE AT THE DISCRETION OF GOOGLE AND WILL ONLY BE IN THE FORM OF CREDIT FOR THE SERVICE. NOTHING IN THIS AGREEMENT OBLIGATES GOOGLE TO EXTEND CREDIT TO ANY PARTY.
4. CUSTOMER OBLIGATIONS
4.1. COMPLIANCE. CUSTOMER IS RESPONSIBLE FOR MAKING SURE CUSTOMER DATA COMPLIES WITH THE ACCEPTABLE USE POLICY. IF GOOGLE SUSPECTS NON-COMPLIANCE, GOOGLE RESERVES THE RIGHT TO REVIEW CUSTOMER DATA TO ENSURE CUSTOMER'S COMPLIANCE WITH THE ACCEPTABLE USE POLICY.
4.2. PRIVACY. CUSTOMER WILL PROTECT THE PRIVACY AND LEGAL RIGHTS OF ITS END USERS UNDER ALL APPLICABLE LAWS AND REGULATIONS, WHICH INCLUDES A LEGALLY ADEQUATE PRIVACY NOTICE COMMUNICATED FROM CUSTOMER. CUSTOMER MAY HAVE THE ABILITY TO ACCESS, MONITOR, USE, OR DISCLOSE CUSTOMER DATA SUBMITTED BY END USERS THROUGH THE SERVICE. CUSTOMER WILL OBTAIN AND MAINTAIN ANY REQUIRED CONSENTS FROM END USERS TO ALLOW CUSTOMER'S ACCESS, MONITORING, USE OR DISCLOSURE OF CUSTOMER DATA. FURTHER, CUSTOMER WILL NOTIFY ITS END USERS THAT ANY CUSTOMER DATA PROVIDED AS PART OF THE SERVICE WILL BE MADE AVAILABLE TO GOOGLE AS PART OF GOOGLE PROVIDING THE SERVICE.
4.3. RESTRICTIONS. CUSTOMER WILL NOT, AND WILL NOT ALLOW THIRD PARTIES UNDER ITS CONTROL TO: (A) COPY, MODIFY, CREATE A DERIVATIVE WORK OF, REVERSE ENGINEER, DECOMPILE, TRANSLATE, DISASSEMBLE, OR OTHERWISE ATTEMPT TO EXTRACT THE SOURCE CODE OF THE SERVICE OR ANY COMPONENT THEREOF (SUBJECT TO SECTION 4.4 BELOW); (B) USE THE SERVICE FOR HIGH RISK ACTIVITIES; (C) SUBLICENSE, RESELL, OR DISTRIBUTE THE SERVICE OR ANY COMPONENT THEREOF SEPARATE FROM ANY INTEGRATED CUSTOMER OFFERING; (D) USE THE SERVICE TO CREATE A SUBSTANTIALLY SIMILAR PRODUCT OR SERVICE; (E) CREATE MULTIPLE ACCOUNTS TO SIMULATE OR ACT AS A SINGLE ACCOUNT OR OTHERWISE ACCESS THE SERVICE IN A MANNER INTENDED TO AVOID INCURRING FEES; (G) PROCESS OR STORE ANY CUSTOMER DATA THAT IS SUBJECT TO THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS MAINTAINED BY THE DEPARTMENT OF STATE. CUSTOMER ACKNOWLEDGES THAT THE SERVICE IS NOT HIPAA COMPLIANT AND CUSTOMER IS SOLELY RESPONSIBLE FOR ANY APPLICABLE COMPLIANCE WITH HIPAA.
4.4. OPEN SOURCE COMPONENTS. OPEN SOURCE SOFTWARE LICENSES FOR COMPONENTS OF THE SERVICE RELEASED UNDER AN OPEN SOURCE LICENSE CONSTITUTE SEPARATE WRITTEN AGREEMENTS. OPEN SOURCE SOFTWARE IS LISTED IN THE DOCUMENTATION. TO THE LIMITED EXTENT THE OPEN SOURCE SOFTWARE LICENSES EXPRESSLY SUPERSEDE THIS AGREEMENT, THE OPEN SOURCE LICENSE INSTEAD GOVERNS CUSTOMER'S AGREEMENT WITH GOOGLE FOR THE SPECIFIC INCLUDED OPEN SOURCE COMPONENTS OF THE SERVICE, OR USE OF THE SERVICE (AS MAY BE APPLICABLE).
4.5. THIRD PARTY REQUESTS. CUSTOMER IS RESPONSIBLE FOR RESPONDING TO THIRD PARTY REQUESTS. GOOGLE WILL, TO THE EXTENT ALLOWED BY LAW AND BY THE TERMS OF THE THIRD PARTY REQUEST: (A) PROMPTLY NOTIFY CUSTOMER OF ITS RECEIPT OF A THIRD PARTY REQUEST; (B) COMPLY WITH CUSTOMER'S REASONABLE REQUESTS REGARDING ITS EFFORTS TO OPPOSE A THIRD PARTY REQUEST; AND (C) IF THE INFORMATION IS SOLELY HELD BY GOOGLE AND REASONABLY ACCESSIBLE BY GOOGLE, PROVIDE CUSTOMER WITH THE INFORMATION REQUIRED FOR CUSTOMER TO RESPOND TO THE THIRD PARTY REQUEST.
4.6. DOCUMENTATION. GOOGLE WILL PROVIDE DOCUMENTATION FOR CUSTOMER'S USE OF THE SERVICE. THE DOCUMENTATION MAY SPECIFY RESTRICTIONS IN HOW THE SERVICE MAY BE BUILT AND CUSTOMER AGREES TO ANY SUCH RESTRICTIONS SPECIFIED.
5. SUSPENSION AND REMOVALS
5.1. SUSPENSION/REMOVALS. IF CUSTOMER BECOMES AWARE THAT ANY CUSTOMER DATA VIOLATES THE ACCEPTABLE USE POLICY, CUSTOMER WILL IMMEDIATELY REMOVE THE APPLICABLE CUSTOMER DATA OR SUSPEND ACCESS TO AN END USER (AS MAY BE APPLICABLE). IF CUSTOMER FAILS TO SUSPEND OR REMOVE AS NOTED IN THE PRIOR SENTENCE, GOOGLE MAY SPECIFICALLY REQUEST THAT CUSTOMER DO SO. IF CUSTOMER FAILS TO COMPLY WITH GOOGLE'S REQUEST TO DO SO WITHIN TWENTY-FOUR HOURS, THEN GOOGLE MAY SUSPEND GOOGLE ACCOUNTS OF THE APPLICABLE END USERS, DISABLE THE APPLICATION, OR DISABLE THE ACCOUNT (AS MAY BE APPLICABLE) UNTIL SUCH VIOLATION IS CORRECTED.
5.2. EMERGENCY SECURITY ISSUES. DESPITE THE FOREGOING, IF THERE IS AN EMERGENCY SECURITY ISSUE, THEN GOOGLE MAY AUTOMATICALLY SUSPEND THE OFFENDING END USER ACCOUNT, OR THE ACCOUNT. SUSPENSION WILL BE TO THE MINIMUM EXTENT REQUIRED, AND OF THE MINIMUM DURATION, TO PREVENT OR TERMINATE THE EMERGENCY SECURITY ISSUE. IF GOOGLE SUSPENDS AN END USER OR THE ACCOUNT, FOR ANY REASON, WITHOUT PRIOR NOTICE TO CUSTOMER, AT CUSTOMER'S REQUEST, GOOGLE WILL PROVIDE CUSTOMER THE REASON FOR THE SUSPENSION AS SOON AS IS REASONABLY POSSIBLE.
6. INTELLECTUAL PROPERTY RIGHTS; BRAND FEATURES
6.1. INTELLECTUAL PROPERTY RIGHTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS AGREEMENT DOES NOT GRANT EITHER PARTY ANY RIGHTS, IMPLIED OR OTHERWISE, TO THE OTHER'S CONTENT OR ANY OF THE OTHER’S INTELLECTUAL PROPERTY. AS BETWEEN THE PARTIES, CUSTOMER OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN CUSTOMER DATA, AND GOOGLE OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN THE SERVICE.
6.2. BRAND FEATURES LIMITATION. IF CUSTOMER WANTS TO DISPLAY GOOGLE BRAND FEATURES IN CONNECTION WITH ITS USE OF THE SERVICE, CUSTOMER MUST OBTAIN WRITTEN PERMISSION FROM GOOGLE THROUGH PROCESS SPECIFIED IN THE TRADEMARK GUIDELINES. FOR THE SOLE PURPOSE OF PROVIDING THE SERVICE, CUSTOMER PERMITS GOOGLE TO DISPLAY ANY BRAND FEATURES THAT MAY APPEAR IN ITS USE OF THE SERVICE. ANY USE OF A PARTY'S BRAND FEATURES WILL INURE TO THE BENEFIT OF THE PARTY HOLDING INTELLECTUAL PROPERTY RIGHTS TO THOSE BRAND FEATURES. A PARTY MAY REVOKE THE OTHER PARTY’S RIGHT TO USE ITS BRAND FEATURES PURSUANT TO THIS AGREEMENT WITH WRITTEN NOTICE TO THE OTHER AND A REASONABLE PERIOD TO STOP THE USE.
7.1. DEPRECATION WITH A DEPRECATION PERIOD. IF GOOGLE IN ITS DISCRETION CHOOSES TO CEASE PROVIDING THE CURRENT VERSION OF THE SERVICE WHETHER THROUGH DISCONTINUATION OF THE SERVICE OR BY UPGRADING THE SERVICE TO A NEWER VERSION, THE CURRENT VERSION OF THE SERVICE WILL BE DEPRECATED AND BECOME THE DEPRECATED VERSION OF THE SERVICE. GOOGLE WILL ISSUE AN ANNOUNCEMENT IF THE CURRENT VERSION OF THE SERVICE WILL BE DEPRECATED. FOR A PERIOD OF 1 YEAR AFTER AN ANNOUNCEMENT (THE "DEPRECATION PERIOD"), GOOGLE WILL USE COMMERCIALLY REASONABLE EFFORTS TO CONTINUE TO OPERATE THE DEPRECATED VERSION OF THE SERVICE AND TO RESPOND TO PROBLEMS WITH THE DEPRECATED VERSION OF THE SERVICE DEEMED BY GOOGLE IN ITS DISCRETION TO BE CRITICAL. DURING THE DEPRECATION PERIOD, GOOGLE IS NOT REQUIRED TO ADD ANY NEW FEATURES TO THE DEPRECATED VERSION OF THE SERVICE; PROVIDED THAT IF GOOGLE DOES SO, SUCH ADDITIONAL FEATURES DO NOT EXTEND THE DEPRECATION PERIOD FOR THE DEPRECATED VERSION.
7.2. DEPRECATION WITHOUT A DEPRECATION PERIOD. GOOGLE RESERVES THE RIGHT IN ITS DISCRETION TO CEASE PROVIDING ALL OR ANY PART OF THE DEPRECATED VERSION OF THE SERVICE IMMEDIATELY WITHOUT ANY NOTICE IF:
E. CUSTOMER HAS BREACHED ANY PROVISION OF THIS AGREEMENT (OR HAS ACTED IN MANNER THAT CLEARLY SHOWS THAT CUSTOMER DOES NOT INTEND TO, OR IS UNABLE TO COMPLY WITH THE PROVISIONS OF THIS AGREEMENT); OR
F. GOOGLE IS REQUIRED TO DO SO BY LAW (FOR EXAMPLE, DUE TO A CHANGE TO THE LAW GOVERNING THE PROVISION OF THE DEPRECATED VERSION OF THE SERVICE); OR
G. THE DEPRECATED VERSION OF THE SERVICE RELIES ON DATA OR SERVICES PROVIDED BY A THIRD PARTY PARTNER AND THE RELATIONSHIP WITH SUCH PARTNER (I) HAS EXPIRED OR BEEN TERMINATED OR (II) REQUIRES GOOGLE TO CHANGE THE WAY GOOGLE PROVIDES THE DATA OR SERVICES THROUGH THE DEPRECATED VERSION OF THE SERVICE; OR
H. PROVIDING THE DEPRECATED VERSION OF THE SERVICE COULD CREATE A SUBSTANTIAL ECONOMIC BURDEN AS DETERMINED BY GOOGLE IN ITS REASONABLE GOOD FAITH JUDGMENT; OR
I. PROVIDING THE DEPRECATED VERSION OF THE SERVICE COULD CREATE A SECURITY RISK OR MATERIAL TECHNICAL BURDEN AS DETERMINED BY GOOGLE IN ITS REASONABLE GOOD FAITH JUDGMENT.
7.3. EXPERIMENTAL OR LABS. AT ANY TIME PRIOR TO DISCONTINUING THE CURRENT VERSION OF THE SERVICE OR UPGRADING TO A NEW VERSION OF THE SERVICE, GOOGLE MAY, IN ITS DISCRETION AS PART OF ITS CONTINUING INNOVATION TO PROVIDE THE BEST POSSIBLE EXPERIENCE FOR ITS USERS, LABEL CERTAIN FEATURES OR FUNCTIONALITY OF THE SERVICE AS "EXPERIMENTAL." THIS SECTION 7 DOES NOT APPLY TO ANY FEATURES OR FUNCTIONALITY LABELED AS "EXPERIMENTAL" OR ANY VERSION OF THE SERVICE LABELED AS "LABS."
8. CONFIDENTIAL INFORMATION
8.1. OBLIGATIONS. EACH PARTY WILL: (A) PROTECT THE OTHER PARTY'S CONFIDENTIAL INFORMATION WITH THE SAME STANDARD OF CARE IT USES TO PROTECT ITS OWN CONFIDENTIAL INFORMATION; AND (B) NOT DISCLOSE THE CONFIDENTIAL INFORMATION, EXCEPT TO AFFILIATES, EMPLOYEES AND AGENTS WHO NEED TO KNOW IT AND WHO HAVE AGREED IN WRITING TO KEEP IT CONFIDENTIAL. EACH PARTY (AND ANY AFFILIATES, EMPLOYEES AND AGENTS TO WHOM IT HAS DISCLOSED CONFIDENTIAL INFORMATION) MAY USE CONFIDENTIAL INFORMATION ONLY TO EXERCISE RIGHTS AND FULFILL OBLIGATIONS UNDER THIS AGREEMENT, WHILE USING REASONABLE CARE TO PROTECT IT. EACH PARTY IS RESPONSIBLE FOR ANY ACTIONS OF ITS AFFILIATES, EMPLOYEES AND AGENTS IN VIOLATION OF THIS SECTION.
8.2. EXCEPTIONS. CONFIDENTIAL INFORMATION DOES NOT INCLUDE INFORMATION THAT: (A) THE RECIPIENT ALREADY KNEW; (B) BECOMES PUBLIC THROUGH NO FAULT OF THE RECIPIENT; (C) WAS INDEPENDENTLY DEVELOPED BY THE RECIPIENT; OR (D) WAS RIGHTFULLY GIVEN TO THE RECIPIENT BY ANOTHER PARTY.
8.3. REQUIRED DISCLOSURE. EACH PARTY MAY DISCLOSE THE OTHER PARTY'S CONFIDENTIAL INFORMATION WHEN REQUIRED BY LAW, BUT ONLY AFTER IT, IF LEGALLY PERMISSIBLE: (A) USES COMMERCIALLY REASONABLE EFFORTS TO NOTIFY THE OTHER PARTY; AND (B) GIVES THE OTHER PARTY THE CHANCE TO CHALLENGE THE DISCLOSURE.
9. TERM AND TERMINATION
9.1. AGREEMENT TERM. THE LICENSE GRANTED IN THIS AGREEMENT WILL REMAIN IN EFFECT, UNLESS TERMINATED EARLIER AS SET FORTH IN THIS AGREEMENT.
9.2. TERMINATION FOR BREACH. EITHER PARTY MAY TERMINATE THIS AGREEMENT IF: (I) THE OTHER PARTY IS IN MATERIAL BREACH OF THE AGREEMENT AND FAILS TO CURE THAT BREACH WITHIN THIRTY DAYS AFTER RECEIPT OF WRITTEN NOTICE; (II) THE OTHER PARTY CEASES ITS BUSINESS OPERATIONS OR BECOMES SUBJECT TO INSOLVENCY PROCEEDINGS AND THE PROCEEDINGS ARE NOT DISMISSED WITHIN NINETY DAYS; OR (III) THE OTHER PARTY IS IN MATERIAL BREACH OF THIS AGREEMENT MORE THAN TWO TIMES NOTWITHSTANDING ANY CURE OF SUCH BREACHES.
9.3. EFFECT OF TERMINATION. IF THE AGREEMENT EXPIRES OR IS TERMINATED, THEN: (I) THE RIGHTS GRANTED BY ONE PARTY TO THE OTHER WILL CEASE AT THE END OF THE THEN-CURRENT MONTH; (II) ALL FEES (INCLUDING TAXES) OWED BY CUSTOMER TO GOOGLE WILL BE CHARGED AT THE END OF THE THEN-CURRENT MONTH; (III) GOOGLE WILL PROVIDE CUSTOMER ACCESS TO, AND THE ABILITY TO EXPORT CUSTOMER DATA FOR AT LEAST 15 DAYS; (IV) CUSTOMER WILL DELETE THE SOFTWARE AND ANY CUSTOMER DATA; (V) FOLLOWING A COMMERCIALLY REASONABLE PERIOD OF TIME, GOOGLE WILL DELETE CUSTOMERS ACCESS THE SERVICE AND (VI) UPON REQUEST, EACH PARTY WILL USE COMMERCIALLY REASONABLE EFFORTS TO RETURN OR DESTROY ALL OTHER CONFIDENTIAL INFORMATION OF THE OTHER PARTY.
NEITHER PARTY MAY MAKE ANY PUBLIC STATEMENT REGARDING THE RELATIONSHIP CONTEMPLATED BY THIS AGREEMENT WITHOUT THE OTHER PARTY'S PRIOR WRITTEN CONSENT. NOTWITHSTANDING THE FOREGOING, (A) CUSTOMER IS PERMITTED TO STATE PUBLICLY THAT IT IS A CUSTOMER OF THE SERVICE, CONSISTENT WITH THE TRADEMARK GUIDELINES AND (B) CUSTOMER CONSENTS TO GOOGLE’S USE OF CUSTOMER’S NAME IN A GENERAL CUSTOMER LIST, BUT ONLY IF CUSTOMER IS NOT THE ONLY CUSTOMER APPEARING ON THE LIST. FOR CLARIFICATION, NEITHER PARTY NEEDS TO SEEK APPROVAL FROM THE OTHER IF THE PARTY IS REPEATING A PUBLIC STATEMENT THAT IS SUBSTANTIALLY SIMILAR TO A PUBLIC STATEMENT THAT HAS BEEN PREVIOUSLY APPROVED.
EACH PARTY REPRESENTS THAT: (A) IT HAS FULL POWER AND AUTHORITY TO ENTER INTO THE AGREEMENT; AND (B) IT WILL COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO ITS PROVISION, OR USE, OF THE SERVICE, AS APPLICABLE. GOOGLE WARRANTS THAT IT WILL PROVIDE THE SERVICES IN ACCORDANCE WITH THE APPLICABLE SLA.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. GOOGLE IS NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICE. CUSTOMER IS SOLELY RESPONSIBLE FOR SECURING AND BACKING UP CUSTOMER DATA. GOOGLE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. NEITHER THE SOFTWARE NOR THE SERVICE ARE DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.
13. LIMITATION OF LIABILITY
13.1. LIMITATION ON INDIRECT LIABILITY. NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
13.2. LIMITATION ON AMOUNT OF LIABILITY. NEITHER PARTY MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
13.3. EXCEPTIONS TO LIMITATIONS. THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO BREACHES OF CONFIDENTIALITY OBLIGATIONS, VIOLATIONS OF A PARTY'S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, OR INDEMNIFICATION OBLIGATIONS.
14.1. BY CUSTOMER. CUSTOMER WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS GOOGLE FROM AND AGAINST ALL LIABILITIES, DAMAGES, AND COSTS (INCLUDING SETTLEMENT COSTS AND REASONABLE ATTORNEYS' FEES) ARISING OUT OF A THIRD PARTY CLAIM: (I) REGARDING ANY APPLICATION OR CUSTOMER DATA; (II) THAT CUSTOMER BRAND FEATURES INFRINGE OR MISAPPROPRIATE ANY PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK OF A THIRD PARTY; OR (III) REGARDING CUSTOMER'S, OR ITS END USERS’, USE OF THE SERVICE IN VIOLATION OF THE ACCEPTABLE USE POLICY.
14.2. BY GOOGLE. GOOGLE WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS CUSTOMER FROM AND AGAINST ALL LIABILITIES, DAMAGES, AND COSTS (INCLUDING SETTLEMENT COSTS AND REASONABLE ATTORNEYS' FEES) ARISING OUT OF A THIRD PARTY CLAIM THAT GOOGLE’S TECHNOLOGY USED TO PROVIDE THE SERVICE (EXCLUDING ANY OPEN SOURCE SOFTWARE) OR ANY GOOGLE BRAND FEATURE INFRINGES OR MISAPPROPRIATES ANY PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK OF SUCH THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL GOOGLE HAVE ANY OBLIGATIONS OR LIABILITY UNDER THIS SECTION ARISING FROM: (I) USE OF ANY SERVICE OR GOOGLE BRAND FEATURES IN A MODIFIED FORM OR IN COMBINATION WITH MATERIALS NOT FURNISHED BY GOOGLE, AND (II) ANY CUSTOMER DATA.
14.3. POSSIBLE INFRINGEMENT
J. REPAIR, REPLACE, OR MODIFY IF GOOGLE REASONABLY BELIEVES THE SERVICE INFRINGES A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, THEN GOOGLE WILL: (A) OBTAIN THE RIGHT FOR CUSTOMER, AT GOOGLE'S EXPENSE, TO CONTINUE USING THE SERVICE; (B) PROVIDE A NON-INFRINGING FUNCTIONALLY EQUIVALENT REPLACEMENT; OR (C) MODIFY THE SERVICE SO THAT IT NO LONGER INFRINGES.
K. SUSPENSION OR TERMINATION. IF GOOGLE DOES NOT BELIEVE THE FOREGOING OPTIONS ARE COMMERCIALLY REASONABLE, THEN GOOGLE MAY SUSPEND OR TERMINATE CUSTOMER'S USE OF THE IMPACTED SERVICE.
14.4. GENERAL. THE PARTY SEEKING INDEMNIFICATION WILL PROMPTLY NOTIFY THE OTHER PARTY OF THE CLAIM AND COOPERATE WITH THE OTHER PARTY IN DEFENDING THE CLAIM. THE INDEMNIFYING PARTY HAS FULL CONTROL AND AUTHORITY OVER THE DEFENSE, EXCEPT THAT: (A) ANY SETTLEMENT REQUIRING THE PARTY SEEKING INDEMNIFICATION TO ADMIT LIABILITY OR TO PAY ANY MONEY WILL REQUIRE THAT PARTY'S PRIOR WRITTEN CONSENT; AND (B) THE OTHER PARTY MAY JOIN IN THE DEFENSE WITH ITS OWN COUNSEL AT ITS OWN EXPENSE. THE INDEMNITIES ABOVE ARE THE ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
15. GOVERNMENT PURPOSES
THE SERVICE WAS DEVELOPED SOLELY AT PRIVATE EXPENSE AND IS COMMERCIAL COMPUTER SOFTWARE AND RELATED DOCUMENTATION WITHIN THE MEANING OF THE APPLICABLE CIVILIAN AND MILITARY FEDERAL ACQUISITION REGULATIONS AND ANY SUPPLEMENTS THERETO. IF THE USER OF THE SERVICE IS AN AGENCY, DEPARTMENT, EMPLOYEE, OR OTHER ENTITY OF THE UNITED STATES GOVERNMENT, UNDER FAR 12.212 AND DFARS 227.7202, THE USE, DUPLICATION, REPRODUCTION, RELEASE, MODIFICATION, DISCLOSURE, OR TRANSFER OF THE SERVICE, INCLUDING TECHNICAL DATA OR MANUALS, IS GOVERNED BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, WHICH IS GOOGLE'S STANDARD COMMERCIAL LICENSE AGREEMENT.
16. GOOGLE CLOUD STORAGE
IF CUSTOMER PURCHASES GOOGLE CLOUD STORAGE, THEN THE FOLLOWING TERMS WILL APPLY ONLY TO SUCH SERVICE:
16.1. DATA STORAGE. AS PART OF PROVIDING THE SERVICE, PURSUANT TO THE DOCUMENTATION, CUSTOMER MAY SELECT VIA THE API WHETHER THE CORE CUSTOMER DATA WILL BE STORED PERMANENTLY, AT REST, IN EITHER THE UNITED STATES OR THE EUROPEAN UNION. IF NO SELECTION IS MADE, THE CORE CUSTOMER DATA WILL BE STORED PERMANENTLY, AT REST, IN THE UNITED STATES.
17. GOOGLE PREDICTION API
IF CUSTOMER PURCHASES GOOGLE PREDICTION API, THEN THE FOLLOWING TERMS WILL APPLY ONLY TO SUCH SERVICE:
17.1 DATA STORAGE. CUSTOMER'S USE OF THE SERVICE MAY NULLIFY CUSTOMER’S CHOICE OF WHERE CUSTOMER DATA, AT REST, MAY PERMANENTLY RESIDE. IF SO, THE CUSTOMER DATA IS SUBJECT TO BE PROCESSED AND STORED PURSUANT TO SECTION 2.2 OF THE AGREEMENT.
17.2. CALIBRATION. AT CUSTOMER'S REQUEST, GOOGLE MAY CALIBRATE THE CUSTOMER DATA BY BATCH PROCESSING. TO THE EXTENT, GOOGLE COPIES CUSTOMER DATA, GOOGLE WILL ONLY USE CUSTOMER DATA FOR PURPOSES OF THE CALIBRATION AND IMPROVING THE SERVICE. CUSTOMER MAY REVOKE SUCH CONSENT AT ANY TIME THOROUGH THE ADMIN CONSOLE.
18.1. NOTICES. ALL NOTICES MUST BE IN WRITING AND ADDRESSED TO THE ATTENTION OF THE OTHER PARTY'S LEGAL DEPARTMENT AND PRIMARY POINT OF CONTACT. NOTICE WILL BE DEEMED GIVEN: (A) WHEN VERIFIED BY WRITTEN RECEIPT IF SENT BY PERSONAL COURIER, OVERNIGHT COURIER, OR MAIL; OR (B) WHEN VERIFIED BY AUTOMATED RECEIPT OR ELECTRONIC LOGS IF SENT BY FACSIMILE OR EMAIL.
18.2. ASSIGNMENT. NEITHER PARTY MAY ASSIGN OR TRANSFER ANY PART OF THIS AGREEMENT WITHOUT THE WRITTEN CONSENT OF THE OTHER PARTY, EXCEPT TO AN AFFILIATE BUT ONLY IF: (A) THE ASSIGNEE AGREES IN WRITING TO BE BOUND BY THE TERMS OF THIS AGREEMENT; AND (B) THE ASSIGNING PARTY REMAINS LIABLE FOR OBLIGATIONS INCURRED UNDER THE AGREEMENT PRIOR TO THE ASSIGNMENT. ANY OTHER ATTEMPT TO TRANSFER OR ASSIGN IS VOID.
18.3. CHANGE OF CONTROL. UPON A CHANGE OF CONTROL (FOR EXAMPLE, THROUGH A STOCK PURCHASE OR SALE, MERGER, OR OTHER FORM OF CORPORATE TRANSACTION): (A) THE PARTY EXPERIENCING THE CHANGE OF CONTROL WILL PROVIDE WRITTEN NOTICE TO THE OTHER PARTY WITHIN THIRTY DAYS AFTER THE CHANGE OF CONTROL; AND (B) THE OTHER PARTY MAY IMMEDIATELY TERMINATE THIS AGREEMENT ANY TIME BETWEEN THE CHANGE OF CONTROL AND THIRTY DAYS AFTER IT RECEIVES THE WRITTEN NOTICE IN SUBSECTION (A).
18.4. FORCE MAJEURE. NEITHER PARTY WILL BE LIABLE FOR INADEQUATE PERFORMANCE TO THE EXTENT CAUSED BY A CONDITION (FOR EXAMPLE, NATURAL DISASTER, ACT OF WAR OR TERRORISM, RIOT, LABOR CONDITION, GOVERNMENTAL ACTION, AND INTERNET DISTURBANCE) THAT WAS BEYOND THE PARTY'S REASONABLE CONTROL.
18.5 NO AGENCY. THE PARTIES ARE INDEPENDENT CONTRACTORS, AND THIS AGREEMENT DOES NOT CREATE AN AGENCY, PARTNERSHIP OR JOINT VENTURE.
18.6. NO WAIVER. FAILURE TO ENFORCE ANY PROVISION OF THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER.
18.7. SEVERABILITY. IF ANY PROVISION OF THIS AGREEMENT IS FOUND UNENFORCEABLE, THE BALANCE OF THE AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT.
18.8. NO THIRD-PARTY BENEFICIARIES. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.
18.9. EQUITABLE RELIEF. NOTHING IN THIS AGREEMENT WILL LIMIT EITHER PARTY'S ABILITY TO SEEK EQUITABLE RELIEF.
18.10 GOVERNING LAW.
L. FOR CITY, COUNTY, AND STATE GOVERNMENT ENTITIES. IF CUSTOMER IS A CITY, COUNTY OR STATE GOVERNMENT ENTITY, THEN THE PARTIES AGREE TO REMAIN SILENT REGARDING GOVERNING LAW AND VENUE.
M. FOR FEDERAL GOVERNMENT ENTITIES. IF CUSTOMER IS A FEDERAL GOVERNMENT ENTITY THEN THE FOLLOWING APPLIES: THIS AGREEMENT WILL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA WITHOUT REFERENCE TO CONFLICT OF LAWS. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA'S CHOICE OF LAW RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
N. FOR ALL OTHER ENTITIES. IF CUSTOMER IS ANY ENTITY NOT SET FORTH IN SECTION 18.10(A) OR (B) THEN THE FOLLOWING APPLIES: THIS AGREEMENT IS GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE'S CHOICE OF LAW RULES. FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
18.11 AMENDMENTS ANY AMENDMENT MUST BE IN WRITING AND EXPRESSLY STATE THAT IT IS AMENDING THIS AGREEMENT.
18.12 SURVIVAL THE FOLLOWING SECTIONS WILL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT: 6.1 (INTELLECTUAL PROPERTY RIGHTS), 8 (CONFIDENTIAL INFORMATION), 9.3 (EFFECTS OF TERMINATION), 13 (LIMITATION OF LIABILITY), 14 (INDEMNIFICATION) AND 18 (MISCELLANEOUS).
18.13 ENTIRE AGREEMENT. THIS AGREEMENT IS THE PARTIES' ENTIRE AGREEMENT RELATING TO ITS SUBJECT AND SUPERSEDES ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS ON THAT SUBJECT. THE TERMS LOCATED AT A URL AND REFERENCED IN THIS AGREEMENT ARE HEREBY INCORPORATED BY THIS REFERENCE.
18.14 INTERPRETATION OF CONFLICTING TERMS. IF THERE IS A CONFLICT BETWEEN THIS AGREEMENT AND THE TERMS AT A URL, THIS AGREEMENT WILL CONTROL.
18.15 COUNTERPARTS. THE PARTIES MAY ENTER INTO THIS AGREEMENT IN COUNTERPARTS, INCLUDING FACSIMILE, PDF OR OTHER ELECTRONIC COPIES, WHICH TAKEN TOGETHER WILL CONSTITUTE ONE INSTRUMENT.
"ACCEPTABLE USE POLICY" MEANS THE ACCEPTABLE USE POLICY FOR (A) GOOGLE CLOUD STORAGE AS MORE FULLY DESCRIBED HERE:HTTP://CODE.GOOGLE.COM/APIS/STORAGE/DOCS/POLICY.HTML OR OTHER SUCH URL AS GOOGLE MAY PROVIDE; OR (B) GOOGLE PREDICTION API AS MORE FULLY DESCRIBED HERE: HTTP://CODE.GOOGLE.COM/APIS/PREDICT/DOCS/POLICY.HTML OR OTHER SUCH URL AS GOOGLE MAY PROVIDE.
"ACCOUNT" MEANS CUSTOMER'S GOOGLE ACCOUNT (EITHER GMAIL.COM ADDRESS OR AN EMAIL ADDRESS PROVIDED UNDER THE "GOOGLE APPS" PRODUCT LINE), SUBJECT TO THOSE TERMS OF SERVICE, AS MAY BE APPLICABLE.
"ADMIN CONSOLE" MEANS THE ONLINE TOOL PROVIDED BY GOOGLE TO CUSTOMER FOR ADMINISTERING THE SERVICE.
"AFFILIATE" MEANS ANY ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH A PARTY.
"APPLICATION(S)" MEANS ANY WEB APPLICATION CUSTOMER CREATES USING THE SERVICE, INCLUDING ANY SOURCE CODE WRITTEN BY CUSTOMER TO BE USED WITH THE SERVICE.
"BRAND FEATURES" MEANS THE TRADE NAMES, TRADEMARKS, SERVICE MARKS, LOGOS, DOMAIN NAMES, AND OTHER DISTINCTIVE BRAND FEATURES OF EACH PARTY, RESPECTIVELY, AS SECURED BY SUCH PARTY FROM TIME TO TIME.
"CONFIDENTIAL INFORMATION" MEANS INFORMATION DISCLOSED BY A PARTY TO THE OTHER PARTY UNDER THIS AGREEMENT THAT IS MARKED AS CONFIDENTIAL OR WOULD NORMALLY BE CONSIDERED CONFIDENTIAL UNDER THE CIRCUMSTANCES. CUSTOMER DATA IS CONSIDERED CUSTOMER'S CONFIDENTIAL INFORMATION.
"CONTROL" MEANS CONTROL OF GREATER THAN FIFTY PERCENT OF THE VOTING RIGHTS OR EQUITY INTERESTS OF A PARTY.
"CORE CUSTOMER DATA" MEANS ONLY THAT CUSTOMER DATA WHICH IS UPLOADED BY CUSTOMER USING THE API TOOLS FOR STORAGE BY GOOGLE CLOUD STORAGE.
"CUSTOMER DATA" MEANS CONTENT PROVIDED, GENERATED, TRANSMITTED OR DISPLAYED VIA THE SERVICE BY CUSTOMER OR ITS END USERS; EXCLUDING ANY DATA PROVIDED AS PART OF THE ACCOUNT.
"DOCUMENTATION" MEANS THE GOOGLE DOCUMENTATION IN THE FORM GENERALLY MADE AVAILABLE BY GOOGLE TO ITS CUSTOMERS FOR USE WITH (A) GOOGLE CLOUD STORAGE, AS MAY BE FOUND HERE: HTTP://CODE.GOOGLE.COM/APIS/STORAGE/DOCS/GETTING-STARTED.HTML OR OTHER SUCH URL AS GOOGLE MAY PROVIDE; OR (B) GOOGLE PREDICTION API, AS MAY BE FOUND HERE: HTTP://CODE.GOOGLE.COM/APIS/PREDICT/DOCS/GETTING-STARTED.HTML OR OTHER SUCH URL AS GOOGLE MAY PROVIDE.
"EMERGENCY SECURITY ISSUE" MEANS EITHER: (A) CUSTOMER'S OR ITS END USER’S USE OF THE SERVICE IN VIOLATION OF THE ACCEPTABLE USE POLICY, WHICH COULD DISRUPT: (I) THE SERVICE; (II) OTHER CUSTOMERS’ OR ITS END USERS’ USE OF THE SERVICE; OR (III) THE GOOGLE NETWORK OR SERVERS USED TO PROVIDE THE SERVICE; OR (B) UNAUTHORIZED THIRD PARTY ACCESS TO THE SERVICE.
"END USERS" MEANS THE INDIVIDUALS CUSTOMER PERMITS TO USE THE SERVICE.
"EXPORT CONTROL LAWS" MEANS ALL APPLICABLE EXPORT AND RE-EXPORT CONTROL LAWS AND REGULATIONS, INCLUDING THE EXPORT ADMINISTRATION REGULATIONS ("EAR") MAINTAINED BY THE U.S. DEPARTMENT OF COMMERCE, TRADE AND ECONOMIC SANCTIONS MAINTAINED BY THE TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL, AND THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS ("ITAR”) MAINTAINED BY THE DEPARTMENT OF STATE.
"FEE THRESHOLD" MEANS THE THRESHOLD, AS APPLICABLE (A) GOOGLE CLOUD STORAGE AS MORE FULLY DESCRIBED HERE:HTTP://CODE.GOOGLE.COM/APIS/STORAGE/DOCS/PRICINGANDTERMS.HTML OR OTHER SUCH URL AS GOOGLE MAY PROVIDE; OR (B) GOOGLE PREDICTION API AS MORE FULLY DESCRIBED HERE: HTTP://CODE.GOOGLE.COM/APIS/PREDICT/DOCS/PRICING.HTML OR OTHER SUCH URL AS GOOGLE MAY PROVIDE.
"HIGH RISK ACTIVITIES" MEANS USES SUCH AS THE OPERATION OF NUCLEAR FACILITIES, AIR TRAFFIC CONTROL, OR LIFE SUPPORT SYSTEMS, WHERE THE USE OR FAILURE OF THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE.
"HIPAA" MEANS THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AS IT MAY BE AMENDED FROM TIME TO TIME, AND ITS IMPLEMENTING REGULATIONS, 45 CFR PARTS 160 AND 164.
"INTELLECTUAL PROPERTY RIGHTS" MEANS CURRENT AND FUTURE WORLDWIDE RIGHTS UNDER PATENT LAW, COPYRIGHT LAW, TRADE SECRET LAW, TRADEMARK LAW, MORAL RIGHTS LAW, AND OTHER SIMILAR RIGHTS.
"PROTECTED HEALTH INFORMATION" MEANS THE DEFINITION ON 45 CFR 160.103, LIMITED TO THE INFORMATION CREATED OR RECEIVED BY A BUSINESS ASSOCIATE FROM ON OR BEHALF OF A COVERED ENTITY.
"SERVICE" MEANS, AS APPLICABLE, (A) GOOGLE CLOUD STORAGE AS MORE FULLY DESCRIBED HERE: HTTP://CODE.GOOGLE.COM/APIS/STORAGE/ OR OTHER SUCH URL AS GOOGLE MAY PROVIDE; OR (B) GOOGLE PREDICTION API AS MORE FULLY DESCRIBED HERE: HTTP://CODE.GOOGLE.COM/APIS/PREDICT/ OR OTHER SUCH URL AS GOOGLE MAY PROVIDE.
"SERVICE FAQ" MEANS THOSE FAQS, AS APPLICABLE, (A) GOOGLE CLOUD STORAGE, AS MORE FULLY DESCRIBE HERE:HTTP://CODE.GOOGLE.COM/APIS/STORAGE/DOCS/FAQ.HTML OR OTHER SUCH URL AS GOOGLE MAY PROVIDE; OR (B) GOOGLE PREDICTION API, AS MORE FULLY DESCRIBED HERE: HTTP://CODE.GOOGLE.COM/APIS/PREDICT/DOCS/FAQ.HTML OR OTHER SUCH URL AS GOOGLE MAY PROVIDE.
"SLA" MEANS THE SERVICE LEVEL AGREEMENT AS APPLICABLE (A) GOOGLE CLOUD STORAGE AS MORE FULLY DESCRIBED HERE:HTTP://CODE.GOOGLE.COM/APIS/STORAGE/DOCS/SLA.HTML OR OTHER SUCH URL AS GOOGLE MAY PROVIDE; OR (B) GOOGLE PREDICTION API AS MORE FULLY DESCRIBED HERE: HTTP://CODE.GOOGLE.COM/APIS/PREDICT/DOCS/SLA.HTML OR OTHER SUCH URL AS GOOGLE MAY PROVIDE.
"SOFTWARE" MEANS ANY DOWNLOADABLE TOOLS, SOFTWARE DEVELOPMENT KITS OR OTHER SUCH PROPRIETARY COMPUTER SOFTWARE PROVIDED BY GOOGLE IN CONNECTION WITH THE SERVICE, WHICH MAY BE DOWNLOADED BY CUSTOMER, AND ANY UPDATES GOOGLE MAY MAKE TO SUCH SOFTWARE FROM TIME TO TIME.
"TAXES" MEANS ANY DUTIES, CUSTOMS FEES, OR TAXES (OTHER THAN GOOGLE'S INCOME TAX) ASSOCIATED WITH THE PURCHASE OF THE SERVICE, INCLUDING ANY RELATED PENALTIES OR INTEREST.
"TERMS URL" MEANS THE FOLLOWING URL: HTTP://CODE.GOOGLE.COM/APIS/STORAGE/DOCS/TERMS.HTML OR SUCH OTHER URL AS GOOGLE MAY PROVIDE.
"THIRD PARTY REQUEST" MEANS A REQUEST FROM A THIRD PARTY FOR RECORDS RELATING TO AN END USER'S USE OF THE SERVICES. THIRD PARTY REQUESTS CAN BE A LAWFUL SEARCH WARRANT, COURT ORDER, SUBPOENA, OTHER VALID LEGAL ORDER, OR WRITTEN CONSENT FROM THE END USER PERMITTING THE DISCLOSURE.
"TOKEN" MEANS AN ALPHANUMERIC KEY THAT IS UNIQUELY ASSOCIATED WITH YOUR ACCOUNT.
"TRADEMARK GUIDELINES" MEANS GOOGLE'S GUIDELINES FOR THIRD PARTY USE OF GOOGLE BRAND FEATURES, LOCATED AT THE FOLLOWING URL:HTTP://WWW.GOOGLE.COM/PERMISSIONS/GUIDELINES.HTML OR OTHER SUCH URL AS GOOGLE MAY PROVIDE.
"UPDATES" MEANS THE PERIODIC SOFTWARE UPDATES PROVIDED BY GOOGLE TO CUSTOMER FROM TIME TO TIME. UPDATES ARE DESIGNED TO IMPROVE, ENHANCE AND FURTHER DEVELOP THE SERVICE AND MAY TAKE THE FORM OF BUG FIXES, ENHANCED FUNCTIONS, NEW SOFTWARE MODULES AND COMPLETELY NEW VERSIONS.
"VERSION" MEANS ANY MAJOR UPDATE TO THE SERVICE (I.E. VERSION 1.4 TO VERSION 2.0, BUT NOT VERSION 1.4 TO 1.5).