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diff --git a/licenses/google-chrome b/licenses/google-chrome deleted file mode 100644 index 1fdba597f..000000000 --- a/licenses/google-chrome +++ /dev/null @@ -1,830 +0,0 @@ -# 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. |