268 lines
16 KiB
Plaintext
268 lines
16 KiB
Plaintext
ANDROID SOFTWARE DEVELOPMENT KIT
|
|
|
|
Terms and Conditions
|
|
|
|
This is the Android Software Development Kit License Agreement.
|
|
|
|
1. Introduction
|
|
|
|
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.
|
|
|
|
1.2 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600
|
|
Amphitheatre Parkway, Mountain View, CA 94043, United States.
|
|
|
|
2. Accepting this License Agreement
|
|
|
|
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.
|
|
|
|
2.2 You can accept this License Agreement by:
|
|
|
|
(A) clicking to accept or agree to this License Agreement, where this option is made available to
|
|
you; or
|
|
|
|
(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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
3. SDK License from Google
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
4. Use of the SDK by You
|
|
|
|
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.
|
|
|
|
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).
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
5. Your Developer Credentials
|
|
|
|
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.
|
|
|
|
6. Privacy and Information
|
|
|
|
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.
|
|
|
|
6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in
|
|
accordance with Google's Privacy Policy.
|
|
|
|
7. Third Party Applications for the Android Platform
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
8. Using Android APIs
|
|
|
|
8.1 Google Data APIs
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
9. Terminating this License Agreement
|
|
|
|
9.1 This License Agreement will continue to apply until terminated by either you or Google as set
|
|
out below.
|
|
|
|
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.
|
|
|
|
9.3 Google may at any time, terminate this License Agreement with you if:
|
|
|
|
(A) you have breached any provision of this License Agreement; or
|
|
|
|
(B) Google is required to do so by law; or
|
|
|
|
(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
|
|
|
|
(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.
|
|
|
|
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.
|
|
|
|
10. DISCLAIMER OF WARRANTIES
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
11. LIMITATION OF LIABILITY
|
|
|
|
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.
|
|
|
|
12. Indemnification
|
|
|
|
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.
|
|
|
|
13. Changes to the License Agreement
|
|
|
|
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.
|
|
|
|
14. General Legal Terms
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
April 10, 2009
|