GOOGLE INC.
END USER LICENSE AGREEMENT
PLEASE READ THE TERMS OF THE FOLLOWING LICENSE AGREEMENT
CAREFULLY. BY INSTALLING THE SOFTWARE DISTRIBUTED WITH
THIS AGREEMENT (THE "SOFTWARE"), YOU ARE CONFIRMING YOUR
ACCEPTANCE OF THIS SOFTWARE AND AGREEING TO BECOME BOUND
BY THE TERMS OF THIS LICENSE AGREEMENT (THE "AGREEMENT").
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE
DO NOT DOWNLOAD THE SOFTWARE AND/OR RETURN THE SOFTWARE FOR
A REFUND OF ALL LICENSE FEES PAID BY YOU FOR SUCH SOFTWARE.
1. LICENSE GRANT
This Software is for non-commercial use only and your rights in the Software
are strictly limited to home, personal or recreational use only by you and not
for the benefit of third parties.
Subject to the terms of this Agreement, Google grants you a non-exclusive,
non-transferable license to use the Software distributed with this Agreement
during the term of this Agreement on a single designated computer. You may
make one copy of the Software in machine-readable form for backup purposes
only. The backup copy must include all copyright information contained on the
original. Such license shall be annual or monthly and is conditioned upon the
receipt by Google or its authorized reseller of full payment, if any, for the
Software but shall be terminable as provided herein. Your rights in the
Software are limited to those expressly granted in this Section 1. Your rights
in the Software do not cover any broadcast or media use without execution of a
separate agreement with Google allowing you to do so. All documentation and
all releases, corrections, updates and enhancements provided hereunder shall
be considered part of the "Software". The geographical information made
available for display using the Software is provided under a nonexclusive,
non-transferable license for use only by you. You may not use the Software or
the geographical information made available for display using the Software, or
any prints or screen outputs generated with the Software in any commercial or
business environment or for any commercial or business purposes for yourself
or any third parties.
THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION
SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES OR ANY OTHER
SUCH HAZARDOUS ACTIVITIES IN WHICH CASE THE FAILURE OF
THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR
SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Your rights under this license will terminate automatically without notice
from Google if you fail to comply with any term(s) of this license.
2. LICENSE RESTRICTIONS
You shall not copy, reverse engineer, decompile, disassemble, translate,
modify or make derivative works of the Software, geographical information,
screen outputs or prints in whole or in part. Further, you shall not rent,
disclose, publish, sell, assign, lease, rent, sublicense, market, or transfer
the Software, geographical information, prints or screen outputs or any part
thereof or use it in any manner not expressly authorized by this Agreement.
Any attempt to transfer any of the rights, duties or obligations hereunder
except as expressly provided for in this Agreement is void. The Software
contains confidential and trade secret information of Google, and you shall at
all times take reasonable steps to protect the confidentiality of such
information.
3. PROPRIETARY RIGHTS
(a) You are only licensing rights to use the Software and the geographical
information available to be viewed using the Software. The Software, in whole
and in part and all copies thereof, are and will remain the sole and exclusive
property of Google. Further, you do not receive any, and Google and/or its
licensors (if any) retain all, ownership rights in the geographic information
displayed using the Software. The geographic information is copyrighted and
may not be copied, even if modified or merged with other data or software.
Your use and access of the geographical information may be subject to further
license requirements or obligations.
(b) You will not delete or in any manner alter the copyright, trademark,
or other proprietary rights notices of Google and its licensors, if any,
appearing on or in the Software, screen outputs and prints generated with
the Software as delivered to you. You will reproduce such notices on all
copies you make of the Software.
4. LIMITED WARRANTY AND LIMITATION OF LIABILITY
(a) Limited Warranty. Google warrants for the period of ten (10) days from
the date of delivery of the Software to you that the medium on which the
Software is furnished (if applicable) will be free from defects in materials
and workmanship under normal use. Google will, at its option, replace or
refund the purchase price of faulty medium at no charge to you, provided you
return the faulty medium to Google. Google will have no responsibility to
replace or refund the purchase price of any medium damaged by accident,
abuse or misapplication.
(b) Virus Warranty. Google warrants that all Software supplied under this
Agreement will be supplied free of viruses or other similar intentionally
disabling code.
(c) Third Party References and Material. References made either in the
Software or in the geographical data displayed using the Software may include
reference to products, services, trademarks or hyperlinks of third parties. No
such reference(s) shall constitute or imply an endorsement or recommendation
by Google. In addition, as with any map, you should exercise caution when
using information displayed using the Software. The geographical information
displayed using the Software is to be used only as an aid in personal or
recreational planning. Google makes no guarantees concerning the accuracy,
currency, or quality of the content displayed using the Software.
(d) THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND GOOGLE
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS,
INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF
NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY GOOGLE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS
SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE
ANY NEW WARRANTIES.
Some States do not allow the exclusion of implied warranties. In that event,
any implied warranties are limited in duration to ninety (90) days from the
date of delivery of the Software.
(e) Limitation of Liability. IN NO EVENT SHALL GOOGLE OR ITS
EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS BE LIABLE TO YOU OR
ANY OTHER PARTY FOR INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THIS
AGREEMENT, THE USE OF THE SOFTWARE, WHETHER RESULTING FROM
TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT
LIABILITY, OR OTHER FORM OF ACTION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. GOOGLE'S AND ITS EMPLOYEES',
DISTRIBUTORS', DEALERS' AND AGENTS' AGGREGATE TOTAL LIABILITY
UNDER THIS AGREEMENT WILL BE LIMITED TO THE LICENSE FEE PAID TO
GOOGLE OR ITS AUTHORIZED RESELLER BY YOU. You expressly assume all
responsibility for any damages, lost data, lost profits and other
consequential damages that may result in any way out of this Agreement,
including without limitation, use of the Software. You expressly agree
that the license fee has been negotiated and agreed to by Google based
in part upon the foregoing limitation of liability.
5. GOVERNMENT RIGHTS
The Software is "commercial computer software", and is provided with
restricted rights. Use, duplication, or disclosure by the United States
government is subject to restrictions as set forth in this Agreement and
as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19,
or FAR 52.227-14(ALT III), as applicable.
6. COMPLIANCE WITH LAW
You acknowledge and agree that the Software, geographical information, and any
other technical data provided hereunder are subject to restrictions and
controls imposed by the United States government. You agree and certify that
neither the Software, geographical information nor any technical data provided
hereunder is being or will be acquired, shipped, transferred or re-exported,
directly or indirectly, into any country prohibited by the United States
government or will be used for any purpose prohibited by the same. You further
agree to comply with all laws and regulations of all jurisdictions in your use
of the Software and geographical information.
7. GENERAL
(a) Choice of Law. This Agreement will be governed by and construed in
accordance with the laws of the State of California applicable to agreements
entered into and to be performed entirely within California between California
residents, and specifically excluding the provisions of the United Nations
Convention on the International Sale of Goods.
(b) Assignment. This Agreement will bind and inure to the benefit of each
party's successors and assigns, provided that you may not assign this
Agreement, in whole or in part, without Google's prior written consent.
(c) Severability. If any provision of this Agreement is found illegal or
unenforceable, it will be enforced to the maximum extent permissible, and if
not possible, severed, and the legality and enforceability of the other
provisions of this Agreement will not be affected.
(d) Survival of Obligations. The provisions of Sections 3 (Proprietary
Rights), 5(e) (Limitation of Liability), 5 (Government Rights), and
7 (General) will survive termination of this Agreement.
(e) Entire Agreement. This license constitutes the entire agreement between
you and Google with respect to the use of the Software.
© 2005 Google
