Please note that this Google Spotlight Stories SDK is still in development, subject to change, and that you use it at your own risk. The Google Spotlight Stories SDK may contain errors and defects that can result in serious damage to your computer systems, devices and data.
1.2 "Android" means the Android software stack for devices, as made available under the Android Open Source Project, which is located at the following URL: http://source.android.com/, as updated from time to time.
1.3 "Google" means Google Inc., a Delaware corporation with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
2.2 By checking the "I agree" checkbox on the second page and clicking the "Submit" button, you hereby agree to the terms of this License Agreement.
2.3 You may not use the Spotlight SDK and may not accept the License Agreement if you are a person barred from receiving the Spotlight 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 Spotlight SDK.
2.4 If you will use the Spotlight SDK internally within your company or organization, you agree to be bound by the License Agreement on behalf of your employer or other entity, and you represent and warrant that you have full legal authority to bind your employer or such entity to the License Agreement. If you do not have the requisite authority, you may not accept the License Agreement or use the Spotlight SDK on behalf of your employer or other entity without authorized acceptance of the License Agreement by your employer or other relevant entity.
3.2 You agree that Google or third parties own all legal right, title and interest in and to the Spotlight SDK, including any Intellectual Property Rights that subsist in the Spotlight 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 You may not use the Spotlight SDK for any purpose not expressly permitted by the License Agreement.
3.4 Unless expressly authorized in writing by Google, you may not distribute the Spotlight SDK and/or any data, content, or resources that you create or develop using the Spotlight SDK.
3.5 You agree that all information, data, and material you receive from Google in connection with the Spotlight SDK, including the License Agreement, is Confidential Information and is the sole property of Google. You will use Confidential Information solely for the purposes permitted by the License Agreement. You will not disclose or make Confidential Information available to any third party, except as specifically authorized by Google in writing. Upon Google’s written request, you will promptly return all Confidential Information and copies, and/or certify in writing that you have destroyed all such materials. Confidential Information does not include information that: (i) was known to you without restriction before receipt from Google; (ii) is publicly available through no fault of your own; (iii) is rightfully received by you from a third party without a duty of confidentiality; or (iv) is independently developed by you without reference to any Confidential Information. You may disclose Confidential Information when compelled to do so by law if you provide reasonable prior notice to Google.
3.6 You agree that you will not take any actions that may cause or result in the fragmentation of Android, including but not limited to distributing, participating in the creation of, or promoting in any way a software development kit derived from the Spotlight SDK.
3.7 Use, reproduction and distribution of components of the Spotlight SDK licensed under an open source software license are governed solely by the terms of that open source software license and not the License Agreement. You agree to remain a licensee in good standing in regard to such open source software licenses under all the rights granted and to refrain from any actions that may terminate, suspend, or breach such rights.
3.8 You agree that the form and nature of the Spotlight SDK that Google provides may change without prior notice to you and that future versions of the Spotlight SDK may be incompatible with applications developed on previous versions of the Spotlight SDK. You agree that Google may stop (permanently or temporarily) providing the Spotlight SDK (or any features within the Spotlight SDK) to you or to users generally at Google's sole discretion, without prior notice to you.
3.9 Nothing in the 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.
3.10 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 Spotlight SDK.
4.2 You agree to use the Spotlight SDK and write applications only for purposes that are permitted by (a) the 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 Spotlight SDK to develop applications, you will protect the privacy and legal rights of users. If users provide you with user names, passwords, or other login information or personal information, you 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 users provide you 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, each user has given you permission to do so.
4.4 You agree that you will not engage in any activity with the Spotlight 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 Google or any third party.
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 Android and/or applications for Android, 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 the 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.
4.7 The Spotlight SDK is in development, and your testing and feedback are an important part of the development process. By using the Spotlight SDK, you acknowledge that implementation of some features are still under development and that you should not rely on the Spotlight SDK having the full functionality of a stable release.
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.
8.2 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.
9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of the Spotlight 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 the Spotlight SDK (such as APIs) to you has terminated its relationship with Google or ceased to offer certain parts of the Spotlight SDK to you; or(D) Google decides to no longer provide the Spotlight SDK or certain parts of the Spotlight SDK to users in the country in which you are resident or from which you use the service, or the provision of the Spotlight SDK or certain Spotlight 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.
10.2 YOUR USE OF THE SPOTLIGHT SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SPOTLIGHT 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. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT THE SPOTLIGHT SDK IS NOT A STABLE RELEASE AND MAY CONTAIN ERRORS, DEFECTS AND SECURITY VULNERABILITIES THAT CAN RESULT IN SIGNIFICANT DAMAGE, INCLUDING THE COMPLETE, IRRECOVERABLE LOSS OF USE OF YOUR COMPUTER SYSTEM OR OTHER DEVICE.
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.
14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in the 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 the License Agreement is invalid, then that provision will be removed from the License Agreement without affecting the rest of the License Agreement. The remaining provisions of the 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 the License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the 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 the License Agreement.
14.5 EXPORT RESTRICTIONS. THE SPOTLIGHT 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 SPOTLIGHT SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
14.6 The License Agreement may not be assigned or transferred by you without the prior written approval of Google, and any attempted assignment without such approval will be void. You shall not delegate your responsibilities or obligations under the License Agreement without the prior written approval of Google.
14.7 The License Agreement, and your relationship with Google under the 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 the 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.