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diff --git a/licenses/android b/licenses/android new file mode 100644 index 000000000..eef62699d --- /dev/null +++ b/licenses/android @@ -0,0 +1,289 @@ +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 + |