/frameworks/base/docs/html/sdk/terms_body.html
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- <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>