From d08debcb211ec2e369c8c88ce15e4aaadd54a8d4 Mon Sep 17 00:00:00 2001
From: Scott Main Please carefully review the Android SDK License Agreement before downloading the SDK.
+The License Agreement constitutes a contract between you and Google with respect to your use of the
+SDK. Note: You must agree to this license agreement in order to
+download one of the archived SDKs, because these SDK packages contain Google software (whereas, the
+current SDK packages do not require a
+license agreement, because they contain only the open sourced SDK tools).
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This is the Android Software Development Kit License Agreement.
+ ++ 1.1 The Android Software Development Kit (referred to in this License Agreement as the "SDK" +and specifically including the Android system files, packaged APIs, and Google APIs add-ons) is +licensed to you subject to the terms of this License Agreement. This License Agreement forms a +legally binding contract between you and Google in relation to your use of the SDK. + +
++ 1.2 "Google" means Google Inc., a Delaware corporation with principal place of business at +1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. +
++ 2.1 In order to use the SDK, you must first agree to this License Agreement. You may not use +the SDK if you do not accept this License Agreement. +
++ 2.2 You can accept this License Agreement by: +
++ (A) clicking to accept or agree to this License Agreement, where this option is made +available to you; or +
++ (B) by actually using the SDK. In this case, you agree that use of the SDK constitutes +acceptance of the Licensing Agreement from that point onwards. +
++ 2.3 You may not use the SDK and may not accept the Licensing Agreement if you are a person +barred from receiving the SDK under the laws of the United States or other countries including the +country in which you are resident or from which you use the SDK. +
++ 2.4 If you are agreeing to be bound by this License Agreement on behalf of your employer or +other entity, you represent and warrant that you have full legal authority to bind your employer or +such entity to this License Agreement. If you do not have the requisite authority, you may not +accept the Licensing Agreement or use the SDK on behalf of your employer or other entity. +
++ 3.1 Subject to the terms of this License Agreement, Google grants you a limited, worldwide, +royalty-free, non- assignable and non-exclusive license to use the SDK solely to develop +applications to run on the Android platform. +
++ 3.2 You agree that Google or third parties own all legal right, title and interest in and to +the SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property +Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, +and any and all other proprietary rights. Google reserves all rights not expressly granted to you. + +
++ 3.3 Except to the extent required by applicable third party licenses, you may not copy +(except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, +or create derivative works of the SDK or any part of the SDK. Except to the extent required by +applicable third party licenses, you may not load any part of the SDK onto a mobile handset or any +other hardware device except a personal computer, combine any part of the SDK with other software, +or distribute any software or device incorporating a part of the SDK. +
++ 3.4 Use, reproduction and distribution of components of the SDK licensed under an open +source software license are governed solely by the terms of that open source software license and +not this License Agreement. +
++ 3.5 You agree that the form and nature of the SDK that Google provides may change without +prior notice to you and that future versions of the SDK may be incompatible with applications +developed on previous versions of the SDK. You agree that Google may stop (permanently or +temporarily) providing the SDK (or any features within the SDK) to you or to users generally at +Google's sole discretion, without prior notice to you. +
++ 3.6 Nothing in this License Agreement gives you a right to use any of Google's trade names, +trademarks, service marks, logos, domain names, or other distinctive brand features. +
++ 3.7 You agree that you will not remove, obscure, or alter any proprietary rights notices +(including copyright and trademark notices) that may be affixed to or contained within the SDK. +
++ 4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) +under this License Agreement in or to any software applications that you develop using the SDK, +including any intellectual property rights that subsist in those applications. +
++ 4.2 You agree to use the SDK and write applications only for purposes that are permitted by +(a) this License Agreement and (b) any applicable law, regulation or generally accepted practices or +guidelines in the relevant jurisdictions (including any laws regarding the export of data or +software to and from the United States or other relevant countries). +
++ 4.3 You agree that if you use the SDK to develop applications for general public users, you +will protect the privacy and legal rights of those users. If the users provide you with user names, +passwords, or other login information or personal information, your must make the users aware that +the information will be available to your application, and you must provide legally adequate privacy +notice and protection for those users. If your application stores personal or sensitive information +provided by users, it must do so securely. If the user provides your application with Google Account +information, your application may only use that information to access the user's Google Account +when, and for the limited purposes for which, the user has given you permission to do so. +
++ 4.4 You agree that you will not engage in any activity with the SDK, including the +development or distribution of an application, that interferes with, disrupts, damages, or accesses +in an unauthorized manner the servers, networks, or other properties or services of any third party +including, but not limited to, Google or any mobile communications carrier. +
++ 4.5 You agree that you are solely responsible for (and that Google has no responsibility to +you or to any third party for) any data, content, or resources that you create, transmit or display +through the Android platform and/or applications for the Android platform, and for the consequences +of your actions (including any loss or damage which Google may suffer) by doing so. +
++ 4.6 You agree that you are solely responsible for (and that Google has no responsibility to +you or to any third party for) any breach of your obligations under this License Agreement, any +applicable third party contract or Terms of Service, or any applicable law or regulation, and for +the consequences (including any loss or damage which Google or any third party may suffer) of any +such breach. +
++ 5.1 You agree that you are responsible for maintaining the confidentiality of any developer +credentials that may be issued to you by Google or which you may choose yourself and that you will +be solely responsible for all applications that are developed under your developer credentials. +
++ 6.1 In order to continually innovate and improve the SDK, Google may collect certain usage +statistics from the software including but not limited to a unique identifier, associated IP +address, version number of the software, and information on which tools and/or services in the SDK +are being used and how they are being used. Before any of this information is collected, the SDK +will notify you and seek your consent. If you withhold consent, the information will not be +collected. +
++ 6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in +accordance with Google's Privacy Policy. +
++ 7.1 If you use the SDK to run applications developed by a third party or that access data, +content or resources provided by a third party, you agree that Google is not responsible for those +applications, data, content, or resources. You understand that all data, content or resources which +you may access through such third party applications are the sole responsibility of the person from +which they originated and that Google is not liable for any loss or damage that you may experience +as a result of the use or access of any of those third party applications, data, content, or +resources. +
++ 7.2 You should be aware the data, content, and resources presented to you through such a +third party application may be protected by intellectual property rights which are owned by the +providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, +sell, distribute or create derivative works based on these data, content, or resources (either in +whole or in part) unless you have been specifically given permission to do so by the relevant +owners. +
++ 7.3 You acknowledge that your use of such third party applications, data, content, or +resources may be subject to separate terms between you and the relevant third party. In that case, +this License Agreement does not affect your legal relationship with these third parties. +
++ 8.1 Google Data APIs +
++ 8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be +protected by intellectual property rights which are owned by Google or those parties that provide +the data (or by other persons or companies on their behalf). Your use of any such API may be subject +to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create +derivative works based on this data (either in whole or in part) unless allowed by the relevant +Terms of Service. +
++ 8.1.2 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. + +
++ 9.1 This License Agreement will continue to apply until terminated by either you or Google +as set out below. +
++ 9.2 If you want to terminate this License Agreement, you may do so by ceasing your use of +the SDK and any relevant developer credentials. +
++ 9.3 Google may at any time, terminate this License Agreement with you if: +
++ (A) you have breached any provision of this License Agreement; or +
++ (B) Google is required to do so by law; or +
++ (C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has +terminated its relationship with Google or ceased to offer certain parts of the SDK to you; or +
++ (D) Google decides to no longer providing the SDK or certain parts of the SDK to users in +the country in which you are resident or from which you use the service, or the provision of the SDK +or certain SDK services to you by Google is, in Google's sole discretion, no longer commercially +viable. +
++ 9.4 When this License Agreement comes to an end, all of the legal rights, obligations and +liabilities that you and Google have benefited from, been subject to (or which have accrued over +time whilst this License Agreement has been in force) or which are expressed to continue +indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall +continue to apply to such rights, obligations and liabilities indefinitely. +
++ 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND +THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE. +
++ 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE +OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR +COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. +
++ 10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER +EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF +MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. +
++ 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND +ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY +LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN +AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. +
++ 12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold +harmless Google, its affiliates and their respective directors, officers, employees and agents from +and against any and all claims, actions, suits or proceedings, as well as any and all losses, +liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or +accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any +copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any +person or defames any person or violates their rights of publicity or privacy, and (c) any +non-compliance by you with this License Agreement. +
++ 13.1 Google may make changes to the License Agreement as it distributes new versions of the +SDK. When these changes are made, Google will make a new version of the License Agreement available +on the website where the SDK is made available. +
++ 14.1 This License Agreement constitute the whole legal agreement between you and Google and +govern your use of the SDK (excluding any services which Google may provide to you under a separate +written agreement), and completely replace any prior agreements between you and Google in relation +to the SDK. +
++ 14.2 You agree that if Google does not exercise or enforce any legal right or remedy which +is contained in this License Agreement (or which Google has the benefit of under any applicable +law), this will not be taken to be a formal waiver of Google's rights and that those rights or +remedies will still be available to Google. +
++ 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any +provision of this License Agreement is invalid, then that provision will be removed from this +License Agreement without affecting the rest of this License Agreement. The remaining provisions of +this License Agreement will continue to be valid and enforceable. +
++ 14.4 You acknowledge and agree that each member of the group of companies of which Google is +the parent shall be third party beneficiaries to this License Agreement and that such other +companies shall be entitled to directly enforce, and rely upon, any provision of this License +Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person +or company shall be third party beneficiaries to this License Agreement. +
++ 14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. +YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE +SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. +
++ 14.6 The rights granted in this License Agreement may not be assigned or transferred by +either you or Google without the prior written approval of the other party. Neither you nor Google +shall be permitted to delegate their responsibilities or obligations under this License Agreement +without the prior written approval of the other party. +
++ 14.7 This License Agreement, and your relationship with Google under this License Agreement, +shall be governed by the laws of the State of California without regard to its conflict of laws +provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located +within the county of Santa Clara, California to resolve any legal matter arising from this License +Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for +injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. +
++ April 10, 2009 +
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