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