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edit License
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android-sdk-preview-2015
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Android SDK Preview License
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Android SDK Preview License Agreement
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Proprietary Free
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Google
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http://developer.android.com/preview/license.html
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LicenseRef-scancode-android-sdk-preview-2015
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license_text
This is the Android SDK Preview License Agreement (the "License Agreement").
1. Introduction
1.1 The Android SDK Preview (referred to in the License Agreement as the
"Preview" and specifically including the Android system files, packaged APIs,
and Preview library files, if and when they are made available) is licensed to
you subject to the terms of the License Agreement. The License Agreement forms a
legally binding contract between you and Google in relation to your use of the
Preview.
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. Accepting the License Agreement
2.1 In order to use the Preview, you must first agree to the License Agreement.
You may not use the Preview if you do not accept the License Agreement.
2.2 By clicking to accept and/or using the Preview, you hereby agree to the
terms of the License Agreement.
2.3 You may not use the Preview and may not accept the License Agreement if you
are a person barred from receiving the Preview under the laws of the United
States or other countries including the country in which you are resident or
from which you use the Preview.
2.4 If you will use the Preview 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 Preview on behalf of your employer or other entity.
3. Preview License from Google
3.1 Subject to the terms of the License Agreement, Google grants you a royalty-
free, non-assignable, non-exclusive, non-sublicensable, limited, revocable
license to use the Preview, personally or internally within your company or
organization, solely to develop applications to run on the Android platform.
3.2 You agree that Google or third parties owns all legal right, title and
interest in and to the Preview, including any Intellectual Property Rights that
subsist in the Preview. "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 Preview for any purpose not expressly permitted by the
License Agreement. Except to the extent required by applicable third party
licenses, you may not: (a) copy (except for backup purposes), modify, adapt,
redistribute, decompile, reverse engineer, disassemble, or create derivative
works of the Preview or any part of the Preview; or (b) load any part of the
Preview onto a mobile handset or any other hardware device except a personal
computer, combine any part of the Preview with other software, or distribute any
software or device incorporating a part of the Preview.
3.4 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 Preview.
3.5 Use, reproduction and distribution of components of the Preview 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.
3.6 You agree that the form and nature of the Preview that Google provides may
change without prior notice to you and that future versions of the Preview may
be incompatible with applications developed on previous versions of the Preview.
You agree that Google may stop (permanently or temporarily) providing the
Preview (or any features within the Preview) to you or to users generally at
Google's sole discretion, without prior notice to you.
3.7 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.
3.8 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 Preview.
4. Use of the Preview by You
4.1 Google agrees that nothing in the License Agreement gives Google any right,
title or interest from you (or your licensors) under the License Agreement in or
to any software applications that you develop using the Preview, including any
intellectual property rights that subsist in those applications.
4.2 You agree to use the Preview 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 Preview 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 Preview,
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 Preview is in development, and your testing and feedback are an
important part of the development process. By using the Preview, you acknowledge
that implementation of some features are still under development and that you
should not rely on the Preview having the full functionality of a stable
release. You agree not to publicly distribute or ship any application using this
Preview as this Preview will no longer be supported after the official Android
SDK is released.
5. Your Developer Credentials
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. Privacy and Information
6.1 In order to continually innovate and improve the Preview, 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 Preview are being used and how
they are being used. Before any of this information is collected, the Preview
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 Preview and
is maintained in accordance with Google's Privacy Policy located at
http://www.google.com/policies/privacy/.
7. Third Party Applications
7.1 If you use the Preview 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.
8. Using Google APIs
8.1 Google 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. Terminating the License Agreement
9.1 the License Agreement will continue to apply until terminated by either you
or Google as set out below.
9.2 If you want to terminate the License Agreement, you may do so by ceasing
your use of the Preview and any relevant developer credentials.
9.3 Google may at any time, terminate the License Agreement, with or without
cause, upon notice to you.
9.4 The License Agreement will automatically terminate without notice or other
action upon the earlier of: (A) when Google ceases to provide the Preview or
certain parts of the Preview to users in the country in which you are resident
or from which you use the service; and (B) Google issues a final release version
of the Android SDK.
9.5 When the License Agreement is terminated, the license granted to you in the
License Agreement will terminate, you will immediately cease all use of the
Preview, and the provisions of paragraphs 10, 11, 12 and 14 shall survive
indefinitely.
10. DISCLAIMERS
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PREVIEW IS AT YOUR
SOLE RISK AND THAT THE PREVIEW IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND FROM GOOGLE.
10.2 YOUR USE OF THE PREVIEW AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE PREVIEW 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 PREVIEW 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.
11. LIMITATION OF LIABILITY
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. Indemnification
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 Preview, (b) any application you develop on the Preview that
infringes any Intellectual Property Rights of any person or defames any person
or violates their rights of publicity or privacy, and (c) any non-compliance by
you of the License Agreement.
13. Changes to the License Agreement
13.1 Google may make changes to the License Agreement as it distributes new
versions of the Preview. When these changes are made, Google will make a new
version of the License Agreement available on the website where the Preview is
made available.
14. General Legal Terms
14.1 the License Agreement constitutes the whole legal agreement between you and
Google and governs your use of the Preview (excluding any services which Google
may provide to you under a separate written agreement), and completely replaces
any prior agreements between you and Google in relation to the Preview.
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 PREVIEW 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 PREVIEW. 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.