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-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 and packaged APIs) 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.
-
-1.3 This version of the Android SDK is being offered to the developer community on an "Early Look" basis.
-With the help and input of the developer community, Google will continue to add new functionality and
-features to continually improve the SDK. Once the SDK reaches a more finished form, Google intends to
-release most of the components under the Apache v2.0 open source license.
-
-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 which 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 Android Maps API
-
-8.1.1 If you use the Android Maps API (described in the SDK by the Package name
-"com.google.android.maps"), the terms of your binding legal agreement with Google include this
-License Agreement, the Google Maps API Terms of Service and the Google Maps Terms of
-Service. You must read and agree to those Terms of Service before you use the Android Maps
-API.
-
-8.1.2 If you use the Android Maps API to retrieve map or satellite image data from Google, you must
-include the following copyright notice in your application or service in a manner that is reasonably
-available to users:
-
-"Copyright Notice: Data: (c)2007 TeleAtlas, AND, Europa Technologies,
-Kingway, Map Data Sciences Pty Ltd, PSMA, ZENRIN, Geocentre,
-MapLink/TeleAtlas; Imagery: (c)2007 DigitalGlobe, EarthSat, Sanborn,
-NYGIS, Scankort, TerraMetrics, MassGIS Commonwealth of Massachusetts,
-Digital Earth Technology."
-
-8.2 Google Data APIs
-
-8.2.1 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 those who provide that data (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 data (either in whole or in part) unless you have been
-specifically given permission to do so by the owners of that data.
-
-8.2.2 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 and with the SDK downloadable.
-
-13.2 You agree that your use of a specific version of the SDK is governed by the License Agreement included
-with that version of the SDK.
-
-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.
-
-
-February 12, 2008
-