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authorA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
committerA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
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The New Plan
ebuild branch has old ebuilds. profiles dir still has CFLAGS. Everything else is removed or modified for changing of upstream to Alpine.
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-# lynx -dump http://www.google.com/chrome/intl/en/eula_text.html
-
-Google Chrome Terms of Service
-
- These Terms of Service apply to the executable code version of Google
- Chrome. Source code for Google Chrome is available free of charge under
- open source software license agreements at
- http://code.google.com/chromium/terms.html.
-
- 1. Your relationship with Google
-
- 1.1 Your use of Google’s products, software, services and web sites
- (referred to collectively as the “Services” in this document and
- excluding any services provided to you by Google under a separate
- written agreement) is subject to the terms of a legal agreement between
- you and Google. “Google” means Google Inc., whose principal place of
- business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043,
- United States. This document explains how the agreement is made up, and
- sets out some of the terms of that agreement.
-
- 1.2 Unless otherwise agreed in writing with Google, your agreement with
- Google will always include, at a minimum, the terms and conditions set
- out in this document. These are referred to below as the “Universal
- Terms”. Open source software licenses for Google Chrome source code
- constitute separate written agreements. To the limited extent that the
- open source software licenses expressly supersede these Universal
- Terms, the open source licenses govern your agreement with Google for
- the use of Google Chrome or specific included components of Google
- Chrome.
-
- 1.3 Your agreement with Google will also include the terms set forth
- below in the Google Chrome Additional Terms of Service and terms of any
- Legal Notices applicable to the Services, in addition to the Universal
- Terms. All of these are referred to below as the “Additional Terms”.
- Where Additional Terms apply to a Service, these will be accessible for
- you to read either within, or through your use of, that Service.
-
- 1.4 The Universal Terms, together with the Additional Terms, form a
- legally binding agreement between you and Google in relation to your
- use of the Services. It is important that you take the time to read
- them carefully. Collectively, this legal agreement is referred to below
- as the “Terms”.
-
- 1.5 If there is any contradiction between what the Additional Terms say
- and what the Universal Terms say, then the Additional Terms shall take
- precedence in relation to that Service.
-
- 2. Accepting the Terms
-
- 2.1 In order to use the Services, you must first agree to the Terms.
- You may not use the Services if you do not accept the Terms.
-
- 2.2 You can accept the Terms by:
-
- (A) clicking to accept or agree to the Terms, where this option is made
- available to you by Google in the user interface for any Service; or
-
- (B) by actually using the Services. In this case, you understand and
- agree that Google will treat your use of the Services as acceptance of
- the Terms from that point onwards.
-
- 3. Language of the Terms
-
- 3.1 Where Google has provided you with a translation of the English
- language version of the Terms, then you agree that the translation is
- provided for your convenience only and that the English language
- versions of the Terms will govern your relationship with Google.
-
- 3.2 If there is any contradiction between what the English language
- version of the Terms says and what a translation says, then the English
- language version shall take precedence.
-
- 4. Provision of the Services by Google
-
- 4.1 Google has subsidiaries and affiliated legal entities around the
- world (“Subsidiaries and Affiliates”). Sometimes, these companies will
- be providing the Services to you on behalf of Google itself. You
- acknowledge and agree that Subsidiaries and Affiliates will be entitled
- to provide the Services to you.
-
- 4.2 Google is constantly innovating in order to provide the best
- possible experience for its users. You acknowledge and agree that the
- form and nature of the Services which Google provides may change from
- time to time without prior notice to you.
-
- 4.3 As part of this continuing innovation, you acknowledge and agree
- that Google may stop (permanently or temporarily) providing the
- Services (or any features within the Services) to you or to users
- generally at Google’s sole discretion, without prior notice to you. You
- may stop using the Services at any time. You do not need to
- specifically inform Google when you stop using the Services.
-
- 4.4 You acknowledge and agree that if Google disables access to your
- account, you may be prevented from accessing the Services, your account
- details or any files or other content which is contained in your
- account.
-
- 5. Use of the Services by you
-
- 5.1 You agree to use the Services only for purposes that are permitted
- by (a) the Terms 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).
-
- 5.2 You agree that you will not engage in any activity that interferes
- with or disrupts the Services (or the servers and networks which are
- connected to the Services).
-
- 5.3 Unless you have been specifically permitted to do so in a separate
- agreement with Google, you agree that you will not reproduce,
- duplicate, copy, sell, trade or resell the Services for any purpose.
-
- 5.4 You agree that you are solely responsible for (and that Google has
- no responsibility to you or to any third party for) any breach of your
- obligations under the Terms and for the consequences (including any
- loss or damage which Google may suffer) of any such breach.
-
- 6. Privacy and your personal information
-
- 6.1 For information about Google’s data protection practices, please
- read Google’s privacy policy at http://www.google.com/privacy.html and
- at http://www.google.com/chrome/intl/en/privacy.html. This policy
- explains how Google treats your personal information, and protects your
- privacy, when you use the Services.
-
- 6.2 You agree to the use of your data in accordance with Google’s
- privacy policies.
-
- 7. Content in the Services
-
- 7.1 You understand that all information (such as data files, written
- text, computer software, music, audio files or other sounds,
- photographs, videos or other images) which you may have access to as
- part of, or through your use of, the Services are the sole
- responsibility of the person from which such content originated. All
- such information is referred to below as the “Content.”
-
- 7.2 You should be aware that Content presented to you as part of the
- Services, including but not limited to advertisements in the Services
- and sponsored Content within the Services may be protected by
- intellectual property rights which are owned by the sponsors or
- advertisers who provide that Content to Google (or by other persons or
- companies on their behalf). You may not modify, rent, lease, loan,
- sell, distribute or create derivative works based on this Content
- (either in whole or in part) unless you have been specifically told
- that you may do so by Google or by the owners of that Content, in a
- separate agreement.
-
- 7.3 Google reserves the right (but shall have no obligation) to
- pre-screen, review, flag, filter, modify, refuse or remove any or all
- Content from any Service. For some of the Services, Google may provide
- tools to filter out explicit sexual content. These tools include the
- SafeSearch preference settings (see
- http://www.google.com/help/customize.html#safe). In addition, there are
- commercially available services and software to limit access to
- material that you may find objectionable.
-
- 7.4 You understand that by using the Services you may be exposed to
- Content that you may find offensive, indecent or objectionable and
- that, in this respect, you use the Services at your own risk.
-
- 7.5 You agree that you are solely responsible for (and that Google has
- no responsibility to you or to any third party for) any Content that
- you create, transmit or display while using the Services and for the
- consequences of your actions (including any loss or damage which Google
- may suffer) by doing so.
-
- 8. Proprietary rights
-
- 8.1 You acknowledge and agree that Google (or Google’s licensors) own
- all legal right, title and interest in and to the Services, including
- any intellectual property rights which subsist in the Services (whether
- those rights happen to be registered or not, and wherever in the world
- those rights may exist).
-
- 8.2 Unless you have agreed otherwise in writing with Google, nothing in
- the Terms gives you a right to use any of Google’s trade names, trade
- marks, service marks, logos, domain names, and other distinctive brand
- features.
-
- 8.3 If you have been given an explicit right to use any of these brand
- features in a separate written agreement with Google, then you agree
- that your use of such features shall be in compliance with that
- agreement, any applicable provisions of the Terms, and Google's brand
- feature use guidelines as updated from time to time. These guidelines
- can be viewed online at
- http://www.google.com/permissions/guidelines.html (or such other URL as
- Google may provide for this purpose from time to time).
-
- 8.4 Google acknowledges and agrees that it obtains no right, title or
- interest from you (or your licensors) under these Terms in or to any
- Content that you submit, post, transmit or display on, or through, the
- Services, including any intellectual property rights which subsist in
- that Content (whether those rights happen to be registered or not, and
- wherever in the world those rights may exist). Unless you have agreed
- otherwise in writing with Google, you agree that you are responsible
- for protecting and enforcing those rights and that Google has no
- obligation to do so on your behalf.
-
- 8.5 You agree that you shall not remove, obscure, or alter any
- proprietary rights notices (including copyright and trade mark notices)
- which may be affixed to or contained within the Services.
-
- 8.6 Unless you have been expressly authorized to do so in writing by
- Google, you agree that in using the Services, you will not use any
- trade mark, service mark, trade name, logo of any company or
- organization in a way that is likely or intended to cause confusion
- about the owner or authorized user of such marks, names or logos.
-
- 9. License from Google
-
- 9.1 Google gives you a personal, worldwide, royalty-free,
- non-assignable and non-exclusive license to use the software provided
- to you by Google as part of the Services as provided to you by Google
- (referred to as the “Software” below). This license is for the sole
- purpose of enabling you to use and enjoy the benefit of the Services as
- provided by Google, in the manner permitted by the Terms.
-
- 9.2 Subject to section 1.2, you may not (and you may not permit anyone
- else to) copy, modify, create a derivative work of, reverse engineer,
- decompile or otherwise attempt to extract the source code of the
- Software or any part thereof, unless this is expressly permitted or
- required by law, or unless you have been specifically told that you may
- do so by Google, in writing.
-
- 9.3 Subject to section 1.2, unless Google has given you specific
- written permission to do so, you may not assign (or grant a sub-license
- of) your rights to use the Software, grant a security interest in or
- over your rights to use the Software, or otherwise transfer any part of
- your rights to use the Software.
-
- 10. Content license from you
-
- 10.1 You retain copyright and any other rights you already hold in
- Content which you submit, post or display on or through, the Services.
-
- 11. Software updates
-
- 11.1 The Software which you use may automatically download and install
- updates from time to time from Google. These updates are designed to
- improve, enhance and further develop the Services and may take the form
- of bug fixes, enhanced functions, new software modules and completely
- new versions. You agree to receive such updates (and permit Google to
- deliver these to you) as part of your use of the Services.
-
- 12. Ending your relationship with Google
-
- 12.1 The Terms will continue to apply until terminated by either you or
- Google as set out below.
-
- 12.2 Google may at any time, terminate its legal agreement with you if:
-
- (A) you have breached any provision of the Terms (or have acted in
- manner which clearly shows that you do not intend to, or are unable to
- comply with the provisions of the Terms); or
-
- (B) Google is required to do so by law (for example, where the
- provision of the Services to you is, or becomes, unlawful); or
-
- (C) the partner with whom Google offered the Services to you has
- terminated its relationship with Google or ceased to offer the Services
- to you; or
-
- (D) Google is transitioning to no longer providing the Services to
- users in the country in which you are resident or from which you use
- the service; or
-
- (E) the provision of the Services to you by Google is, in Google’s
- opinion, no longer commercially viable.
-
- 12.3 Nothing in this Section shall affect Google’s rights regarding
- provision of Services under Section 4 of the Terms.
-
- 12.4 When these Terms come to an end, all of the legal rights,
- obligations and liabilities that you and Google have benefited from,
- been subject to (or which have accrued over time whilst the Terms have
- been in force) or which are expressed to continue indefinitely, shall
- be unaffected by this cessation, and the provisions of paragraph 19.7
- shall continue to apply to such rights, obligations and liabilities
- indefinitely.
-
- 13. EXCLUSION OF WARRANTIES
-
- 13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL
- EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY
- NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME
- JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
- CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR
- DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED
- TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE
- LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND
- OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
-
- 13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES
- IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS
- AVAILABLE.”
-
- 13.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
- LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
-
- (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
-
- (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
- FREE FROM ERROR,
-
- (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
- SERVICES WILL BE ACCURATE OR RELIABLE, AND
-
- (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
- PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
-
- 13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
- THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
- BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
- DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
- MATERIAL.
-
- 13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
- FROM GOOGLE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY
- NOT EXPRESSLY STATED IN THE TERMS.
-
- 13.6 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.
-
- 14. LIMITATION OF LIABILITY
-
- 14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU
- EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND
- AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
-
- (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
- EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND
- UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED
- TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY
- LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED,
- COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
- INTANGIBLE LOSS;
-
- (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT
- LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
-
- (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR
- EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR
- TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING
- APPEARS ON THE SERVICES;
-
- (II) ANY CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICES, OR FOR ANY
- PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR
- ANY FEATURES WITHIN THE SERVICES);
-
- (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT
- AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH
- YOUR USE OF THE SERVICES;
-
- (IV) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION;
-
- (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
- CONFIDENTIAL;
-
- 14.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 14.1
- ABOVE SHALL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD
- HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
-
- 15. Copyright and trade mark policies
-
- 15.1 It is Google’s policy to respond to notices of alleged copyright
- infringement that comply with applicable international intellectual
- property law (including, in the United States, the Digital Millennium
- Copyright Act) and to terminating the accounts of repeat infringers.
- Details of Google’s policy can be found at
- http://www.google.com/dmca.html.
-
- 15.2 Google operates a trade mark complaints procedure in respect of
- Google’s advertising business, details of which can be found at
- http://www.google.com/tm_complaint.html.
-
- 16. Advertisements
-
- 16.1 Some of the Services are supported by advertising revenue and may
- display advertisements and promotions. These advertisements may be
- targeted to the content of information stored on the Services, queries
- made through the Services or other information.
-
- 16.2 The manner, mode and extent of advertising by Google on the
- Services are subject to change without specific notice to you.
-
- 16.3 In consideration for Google granting you access to and use of the
- Services, you agree that Google may place such advertising on the
- Services.
-
- 17. Other content
-
- 17.1 The Services may include hyperlinks to other web sites or content
- or resources. Google may have no control over any web sites or
- resources which are provided by companies or persons other than Google.
-
- 17.2 You acknowledge and agree that Google is not responsible for the
- availability of any such external sites or resources, and does not
- endorse any advertising, products or other materials on or available
- from such web sites or resources.
-
- 17.3 You acknowledge and agree that Google is not liable for any loss
- or damage which may be incurred by you as a result of the availability
- of those external sites or resources, or as a result of any reliance
- placed by you on the completeness, accuracy or existence of any
- advertising, products or other materials on, or available from, such
- web sites or resources.
-
- 18. Changes to the Terms
-
- 18.1 Google may make changes to the Universal Terms or Additional Terms
- from time to time. When these changes are made, Google will make a new
- copy of the Universal Terms available at
- http://www.google.com/chrome/intl/en/eula_text.html and any new
- Additional Terms will be made available to you from within, or through,
- the affected Services.
-
- 18.2 You understand and agree that if you use the Services after the
- date on which the Universal Terms or Additional Terms have changed,
- Google will treat your use as acceptance of the updated Universal Terms
- or Additional Terms.
-
- 19. General legal terms
-
- 19.1 Sometimes when you use the Services, you may (as a result of, or
- in connection with your use of the Services) use a service or download
- a piece of software, or purchase goods, which are provided by another
- person or company. Your use of these other services, software or goods
- may be subject to separate terms between you and the company or person
- concerned. If so, the Terms do not affect your legal relationship with
- these other companies or individuals.
-
- 19.2 The Terms constitute the whole legal agreement between you and
- Google and govern your use of the Services (but 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 Services.
-
- 19.3 You agree that Google may provide you with notices, including
- those regarding changes to the Terms, by email, regular mail, or
- postings on the Services.
-
- 19.4 You agree that if Google does not exercise or enforce any legal
- right or remedy which is contained in the Terms (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.
-
- 19.5 If any court of law, having the jurisdiction to decide on this
- matter, rules that any provision of these Terms is invalid, then that
- provision will be removed from the Terms without affecting the rest of
- the Terms. The remaining provisions of the Terms will continue to be
- valid and enforceable.
-
- 19.6 You acknowledge and agree that each member of the group of
- companies of which Google is the parent shall be third party
- beneficiaries to the Terms and that such other companies shall be
- entitled to directly enforce, and rely upon, any provision of the Terms
- which confers a benefit on (or rights in favor of) them. Other than
- this, no other person or company shall be third party beneficiaries to
- the Terms.
-
- 19.7 The Terms, and your relationship with Google under the Terms,
- shall be governed by the laws of the State of California without regard
- to its conflict of laws provisions. You and Google agree to submit to
- the exclusive jurisdiction of the courts located within the county of
- Santa Clara, California to resolve any legal matter arising from the
- Terms. 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.
-
- 20. Additional Terms for Extensions for Google Chrome
-
- 20.1 These terms in this section apply if you install extensions on
- your copy of Google Chrome. Extensions are small software programs,
- developed by Google or third parties, that can modify and enhance the
- functionality of Google Chrome. Extensions may have greater privileges
- to access your browser or your computer than regular webpages,
- including the ability to read and modify your private data.
-
- 20.2 From time to time, Google Chrome may check with remote servers
- (hosted by Google or by third parties) for available updates to
- extensions, including but not limited to bug fixes or enhanced
- functionality. You agree that such updates will be automatically
- requested, downloaded, and installed without further notice to you.
-
- 20.3 From time to time, Google may discover an extension that violates
- Google developer terms or other legal agreements, laws, regulations or
- policies. Google Chrome will periodically download a list of such
- extensions from Google’s servers. You agree that Google may remotely
- disable or remove any such extension from user systems in its sole
- discretion.
-
- 21. Additional Terms for Enterprise Use
-
- 21.1 If you are a business entity, then the individual accepting on
- behalf of the entity (for the avoidance of doubt, for business
- entities, in these Terms, "you" means the entity) represents and
- warrants that he or she has the authority to act on your behalf, that
- you represent that you are duly authorized to do business in the
- country or countries where you operate, and that your employees,
- officers, representatives, and other agents accessing the Service are
- duly authorized to access Google Chrome and to legally bind you to
- these Terms.
-
- 21.2 Subject to the Terms, and in addition to the license grant in
- Section 9, Google grants you a non-exclusive, non-transferable license
- to reproduce, distribute, install, and use Google Chrome solely on
- machines intended for use by your employees, officers, representatives,
- and agents in connection with your business entity, and provided that
- their use of Google Chrome will be subject to the Terms.
-
- August 12, 2010
- __________________________________________________________________
-
-Google Chrome Additional Terms of Service
-
- MPEGLA
-
- THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE
- PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN
- COMPLIANCE WITH THE AVC STANDARD ( “AVC VIDEO”) AND/OR (ii) DECODE AVC
- VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND
- NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PARTNER
- LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE
- IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM
- MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.
-
- Adobe
-
- Google Chrome may include one or more components provided by Adobe
- Systems Incorporated and Adobe Software Ireland Limited (collectively
- “Adobe”). Your use of the Adobe software as provided by Google (“Adobe
- Software”) is subject to the following additional terms (the “Adobe
- Terms”). You, the entity receiving the Adobe Software, will be
- hereinafter referred to as “Sublicensee.”
-
- 1. License Restrictions.
-
- (a) Flash Player, Version 10.x is designed only as a browser plug-in.
- Sublicensee may not modify or distribute this Adobe Software for use as
- anything but a browser plug-in for playing back content on a web page.
- For example, Sublicensee will not modify this Adobe Software in order
- to allow interoperation with applications that run outside of the
- browser (e.g., standalone applications, widgets, device UI).
-
- (b) Sublicensee will not expose any APIs of the Flash Player, Version
- 10.x through a browser plug-in interface in such a way that allows such
- extension to be used to playback content from a web page as a
- stand-alone application.
-
- (c) The Chrome-Reader Software may not be used to render any PDF or
- EPUB documents that utilize digital rights management protocols or
- systems other than Adobe DRM.
-
- (d) Adobe DRM must be enabled in the Chrome-Reader Software for all
- Adobe DRM protected PDF and EPUB documents.
-
- (e) The Chrome-Reader Software may not, other than as explicitly
- permitted by the technical specifications, disable any capabilities
- provided by Adobe in the Adobe Software, including but not limited to,
- support for PDF and EPUB formats and Adobe DRM.
-
- 2. Electronic Transmission. Sublicensee may allow the download of the
- Adobe Software from a web site, the Internet, an intranet, or similar
- technology (an, “Electronic Transmissions”) provided that Sublicensee
- agrees that any distributions of the Adobe Software by Sublicensee,
- including those on CD-ROM, DVD-ROM or other storage media and
- Electronic Transmissions, if expressly permitted, shall be subject to
- reasonable security measures to prevent unauthorized use. With relation
- to Electronic Transmissions approved hereunder, Sublicensee agrees to
- employ any reasonable use restrictions set by Adobe, including those
- related to security and/or the restriction of distribution to end users
- of the Sublicensee Product.
-
- 3. EULA and Distribution Terms.
-
- (a) Sublicensee shall ensure that the Adobe Software is distributed to
- end users under an enforceable end user license agreement, in favor of
- Sublicensee and its suppliers containing at least each of the following
- minimum terms (the “End-User License”): (i) a prohibition against
- distribution and copying, (ii) a prohibition against modifications and
- derivative works, (iii) a prohibition against decompiling, reverse
- engineering, disassembling, and otherwise reducing the Adobe Software
- to a human-perceivable form, (iv) a provision indicating ownership of
- Sublicensee Product (as defined in Section 8) by Sublicensee and its
- licensors, (v) a disclaimer of indirect, special, incidental, punitive,
- and consequential damages, and (vi) other industry standard disclaimers
- and limitations, including, as applicable: a disclaimer of all
- applicable statutory warranties, to the full extent allowed by law.
-
- (b) Sublicensee shall ensure that the Adobe Software is distributed to
- Sublicensee’s distributors under an enforceable distribution license
- agreement, in favor of Sublicensee and its suppliers containing terms
- as protective of Adobe as the Adobe Terms.
-
- 4. Opensource. Sublicensee will not directly or indirectly grant, or
- purport to grant, to any third party any rights or immunities under
- Adobe’s intellectual property or proprietary rights that will subject
- such intellectual property to an open source license or scheme in which
- there is or could be interpreted to be a requirement that as a
- condition of use, modification and/or distribution, the Adobe Software
- be: (i) disclosed or distributed in source code form; (ii) licensed for
- the purpose of making derivative works; or (iii) redistributable at no
- charge. For clarification purposes, the foregoing restriction does not
- preclude Sublicensee from distributing, and Sublicensee will distribute
- the Adobe Software as bundled with the Google Software, without charge.
-
- 5. Additional Terms. With respect to any update, upgrade, new versions
- of the Adobe Software (collectively “Upgrades”) provided to
- Sublicenses, Adobe reserves the right to require additional terms and
- conditions applicable solely to the Upgrade and future versions
- thereof, and solely to the extent that such restrictions are imposed by
- Adobe on all licensees of such Upgrade. If Sublicensee does not agree
- to such additional terms or conditions, Sublicensee will have no
- license rights with respect to such Upgrade, and Sublicensee’s license
- rights with respect to the Adobe Software will terminate automatically
- on the 90th day from the date such additional terms are made available
- to Sublicensee.
-
- 6. Proprietary Rights Notices. Sublicensee shall not, and shall require
- its distributors not to, delete or in any manner alter the copyright
- notices, trademarks, logos or related notices, or other proprietary
- rights notices of Adobe (and its licensors, if any) appearing on or
- within the Adobe Software or accompanying materials.
-
- 7. Technical Requirements. Sublicensee and its distributors may only
- distribute Adobe Software and/or Upgrade on devices that (i) meet the
- technical specifications posted on
- http://www.adobe.com/mobile/licensees, (or a successor web site
- thereto), and (ii) has been verified by Adobe as set forth below.
-
- 8. Verification and Update. Sublicensee must submit to Adobe each
- Sublicensee product (and each version thereof) containing the Adobe
- Software and/or Upgrade (“Sublicensee Product”) that do not meet the
- Device Verification exemption criteria to be communicated by Google,
- for Adobe to verify. Sublicensee shall pay for each submission made by
- Sublicensee by procuring verification packages at Adobe’s then-current
- terms set forth at http://flashmobile.adobe.com/. Sublicensee Product
- that has not passed verification may not be distributed. Verification
- will be accomplished in accordance with Adobe’s then-current process
- described at http://flashmobile.adobe.com/ (“Verification”).
-
- 9. Profiles and Device Central. Sublicensee will be prompted to enter
- certain profile information about the Sublicensee Products either as
- part of the Verification process or some other method, and Sublicensee
- will provide such information, to Adobe. Adobe may (i) use such profile
- information as reasonably necessary to verify the Sublicensee Product
- (if such product is subject to Verification), and (ii) display such
- profile information in “Adobe Device Intelligence system,” located at
- https://devices.adobe.com/partnerportal/, and made available through
- Adobe’s authoring and development tools and services to enable
- developers and end users to see how content or applications are
- displayed in Sublicensee Products (e.g. how video images appear in
- certain phones).
-
- 10. Export. Sublicensee acknowledges that the laws and regulations of
- the United States restrict the export and re-export of commodities and
- technical data of United States origin, which may include the Adobe
- Software. Sublicensee agrees that it will not export or re-export the
- Adobe Software, without the appropriate United States and foreign
- governmental clearances, if any.
-
- 11. Technology Pass-through Terms.
-
- (a) Except pursuant to applicable permissions or agreements therefor,
- from or with the applicable parties, Sublicensees shall not use and
- shall not allow the use of, the Adobe Software for the encoding or
- decoding of mp3 audio only (.mp3) data on any non-pc device (e.g.,
- mobile phone or set-top box), nor may the mp3 encoders or decoders
- contained in the Adobe Software be used or accessed by any product
- other than the Adobe Software. The Adobe Software may be used for the
- encoding or decoding of MP3 data contained within a swf or flv file,
- which contains video, picture or other data. Sublicensee shall
- acknowledge that use of the Adobe Software for non-PC devices, as
- described in the prohibitions in this section, may require the payment
- of licensing royalties or other amounts to third parties who may hold
- intellectual property rights related to the MP3 technology and that
- Adobe nor Sublicensee has not paid any royalties or other amounts on
- account of third party intellectual property rights for such use. If
- Sublicensee requires an MP3 encoder or decoder for such use,
- Sublicensee is responsible for obtaining the necessary intellectual
- property license, including any applicable patent rights.
-
- (b) Sublicensee will not use, copy, reproduce and modify (i) the On2
- source code (provided hereunder as a component of the Source Code) as
- necessary to enable the Adobe Software to decode video in the Flash
- video file format (.flv or .f4v), and (ii) the Sorenson Spark source
- code (provided hereunder as a component of the Source Code) for the
- limited purpose of making bug fixes and performance enhancements to the
- Adobe Software. All codecs provided with the Adobe Software may only be
- used and distributed as an integrated part of the Adobe Software and
- may not be accessed by any other application, including other Google
- applications.
-
- (c) The Source Code may be provided with an AAC codec and/or HE-AAC
- codec (“the AAC Codec”). Use of the AAC Codec is conditioned on
- Sublicensee obtaining a proper patent license covering necessary
- patents as provided by VIA Licensing, for end products on or in which
- the AAC Codec will be used. Sublicensee acknowledges and agrees that
- Adobe is not providing a patent license for an AAC Codec under this
- Agreement to Sublicensee or its sublicensees.
-
- (d) THE SOURCE CODE MAY CONTAIN CODE LICENSED UNDER THE AVC PATENT
- PORTFOLIO LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO
- (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO")
- AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN
- A PERSONAL NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO
- PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR WILL
- BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED
- FROM MPEG LA, L.L.C. See http://www.mpegla.com
-
- 12. Update. Sublicensee will not circumvent Google’s or Adobe’s efforts
- to update the Adobe Software in all Sublicensee’s products
- incorporating the Adobe Software as bundled with the Google Software
- (“Sublicensee Products”).
-
- 13. Attribution and Proprietary Notices. Sublicensee will list the
- Adobe Software in publicly available Sublicensee Product specifications
- and include appropriate Adobe Software branding (specifically excluding
- the Adobe corporate logo) on the Sublicensee Product packaging or
- marketing materials in a manner consistent with branding of other third
- party products contained within the Sublicensee Product.
-
- 14. No Warranty. THE ADOBE SOFTWARE IS MADE AVAILABLE TO SUBLICENSEE
- FOR USE AND REPRODUCTION “AS IS” AND ADOBE MAKES NO WARRANTY AS TO ITS
- USE OR PERFORMANCE. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT
- THE PERFORMANCE OR RESULTS OBTAINED BY USING THE ADOBE SOFTWARE. EXCEPT
- FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO
- WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW
- APPLICABLE TO SUBLICENSEEIN SUBLICENSEE’S JURISDICTION, ADOBE AND ITS
- SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS
- (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR
- OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
- NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION,
- SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
- SUBLICENSEE AGREES THAT SUBLICENSEE SHALL NOT MAKE ANY WARRANTY,
- EXPRESS OR IMPLIED, ON BEHALF OF ADOBE.
-
- 15. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE
- LIABLE TO SUBLICENSEE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR
- ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS
- OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF
- THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM
- BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO
- THE EXTENT PERMITTED BY APPLICABLE LAW IN SUBLICENSEE’S JURISDICTION.
- ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN
- CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE THOUSAND DOLLARS
- (US$1,000). Nothing contained in this Agreement limits Adobe’s
- liability to Sublicensee in the event of death or personal injury
- resulting from Adobe’s negligence or for the tort of deceit (fraud).
- Adobe is acting on behalf of its suppliers for the purpose of
- disclaiming, excluding and/or limiting obligations, warranties and
- liability as provided in this Agreement, but in no other respects and
- for no other purpose.
-
- 16. Content Protection Terms
-
- (a) Definitions.
-
- “Compliance and Robustness Rules” means the document setting forth
- compliance and robustness rules for the Adobe Software located at
- http://www.adobe.com/mobile/licensees, or a successor web site thereto.
-
- “Content Protection Functions” means those aspects of the Adobe
- Software that are designed to ensure compliance with the Compliance and
- Robustness Rules, and to prevent playback, copying, modification,
- redistribution or other actions with respect to digital content
- distributed for consumption by users of the Adobe Software when such
- actions are not authorized by the owners of such digital content or its
- licensed distributors.
-
- “Content Protection Code” means code within certain designated versions
- of the Adobe Software that enables certain Content Protection
- Functions.
-
- “Key” means a cryptographic value contained in the Adobe Software for
- use in decrypting digital content.
-
- (b) License Restrictions. Sublicensee’s right to exercise the licenses
- with respect to the Adobe Software is subject to the following
- additional restrictions and obligations. Sublicensee will ensure that
- Sublicensee’s customers comply with these restrictions and obligations
- to the same extent imposed on Sublicensee with respect to the Adobe
- Software; any failure by Sublicensee’s customers to comply with these
- additional restrictions and obligations shall be treated as a material
- breach by Sublicensee.
-
- b.1. Sublicensee and customers may only distribute the Adobe Software
- that meets the Robustness and Compliance Rules as so confirmed by
- Sublicensee during the verification process described above in the
- Adobe Terms.
-
- b.2. Sublicensee shall not (i) circumvent the Content Protection
- Functions of either the Adobe Software or any related Adobe Software
- that is used to encrypt or decrypt digital content for authorized
- consumption by users of the Adobe Software, or (ii) develop or
- distribute products that are designed to circumvent the Content
- Protection Functions of either the Adobe Software or any Adobe Software
- that is used to encrypt or decrypt digital content for authorized
- consumption by users of the Adobe Software.
-
- (c) The Keys are hereby designated as Adobe’s Confidential Information,
- and Sublicensee will, with respect to the Keys, adhere to Adobe’s
- Source Code Handling Procedure (to be provided by Adobe upon request).
-
- (d) Injunctive Relief. Sublicensee agrees that a breach of this
- Agreement may compromise the Content Protection Functions of the Adobe
- Software and may cause unique and lasting harm to the interests of
- Adobe and owners of digital content that rely on such Content
- Protection Functions, and that monetary damages may be inadequate to
- compensate fully for such harm. Therefore, Sublicensee further agrees
- that Adobe may be entitled to seek injunctive relief to prevent or
- limit the harm caused by any such breach, in addition to monetary
- damages.
-
- 17. Intended Third-party Beneficiary. Adobe Systems Incorporated and
- Adobe Software Ireland Limited are the intended third-party
- beneficiaries of Google’s agreement with Sublicensee with respect to
- the Adobe Software, including but not limited to, the Adobe Terms.
- Sublicensee agrees, notwithstanding anything to the contrary in its
- agreement with Google, that Google may disclose Sublicensee’s identity
- to Adobe and certify in writing that Sublicensee has entered into a
- license agreement with Google which includes the Adobe Terms.
- Sublicensee must have an agreement with each of its licensees, and if
- such licensees are allowed to redistribute the Adobe Software, such
- agreement will include the Adobe Terms.