(a) clicking to accept or agree to the Terms, where this option
is made available to you by Google in the user interface for
the Service; or
(b) using the Maps APIs. In this case, you understand and agree
that Google will treat your use of the Maps APIs as acceptance
of the Terms from that point onwards.
4.3
Advertising. The Service currently does not include
advertising in the maps images.
However, Google reserves the right to
include advertising in the maps images provided to you through
the Service, but will provide you with ninety (90) days notice
prior to the commencement of advertising in the maps images. Such notice may be
provided on relevant Google websites, including but not limited
to the Google Geo Developers
Blog and the
Google Maps API Group (or such successor URLs that Google may designate
from time to time). During that 90 day period, you may terminate
your use of the Service, or provide notice of your refusal to accept
advertising in the maps images in accordance with Google's policies and procedures for
providing such notice (which Google may make available from time to
time in its sole discretion).
4.4
Changes to the Service: Termination of the Service.
(a) If Google in its discretion chooses to cease providing the current
version of the Service whether through discontinuation of the Service
or by upgrading the Service to a newer version, the current version of
the Service will be deprecated and become the Deprecated Version of the
Service. Google will issue an announcement if the current version of the
Service will be deprecated. For a period of 3 years after an announcement
(the “Deprecation Period”), Google will use commercially reasonable efforts
to continue to operate the Deprecated Version of the Service and to respond to
problems with the Deprecated Version of the Service deemed by Google in its
discretion to be critical. During the Deprecation Period, no new features
will be added to the Deprecated Version of the Service.
(b) Google reserves the right in its discretion to cease providing all or
any part of the Deprecated Version of the Service immediately without any
notice if:
(i) you have breached any provision of the Terms (or have acted in manner
that clearly shows that you do not intend to, or are unable to comply with
the provisions of the Terms); or
(ii) Google is required to do so by law (for example, due to a change to the
law governing the provision of the Deprecated Version of the Service); or
(iii) the Deprecated Version of the Service relies on data or services
provided by a third party partner and the relationship with such partner
(x) has expired or been terminated or (y) requires Google to change the way
Google provides the data or services through the Deprecated Version of the
Service; or
(iv) providing the Deprecated Version of the Service could create a
substantial economic burden as determined by Google in its reasonable good
faith judgment; or
(v) providing the Deprecated Version of the Service could create a security
risk or material technical burden as determined by Google in its reasonable
good faith judgment.
(c) Google is constantly innovating in order to provide the best possible
experience for its users. At any time prior to discontinuing the current
version of the Service or upgrading to a new version of the Service, Google
may, in its discretion as part of this continuing innovation, label certain
features or functionality of the Service as "experimental." Additionally, Google
may elect to offer a version of the Service within Google Labs. This Section
4.4 of the Terms will not apply to any features or functionality labeled as
"experimental," or to any version of the Service offered within Labs.
5. Your Google Account.
5.1
Signing Up for a Google Account. In order to access
the Service, you must have a
Google Account. You agree that any information you give to Google
in connection with your Google Account or your continued use of the Service
will always be accurate, correct and up to date.
5.2
Account Key. After supplying Google with your account
information and the URL of your Maps API Implementation, and accepting
the Terms, you will be issued an alphanumeric key assigned to you by
Google that is uniquely associated with your Google Account and the
URL of your Maps API Implementation. Your Maps API Implementation
must import the Google Maps APIs using this key as described in the
Maps APIs Documentation,
and Google will block requests with an invalid key or invalid URL.
You may only obtain and use a key in accordance with these Terms and
the
Maps APIs Documentation.
5.3
Your Passwords and Account Security. You agree that
you will be solely responsible to Google for your use of the Service.
If you become aware of any unauthorized use of your password, your account,
or your key, you agree to notify Google immediately.
6. Google's Proprietary Rights. You acknowledge and agree
that Google (or Google's licensors and their suppliers, as applicable)
own all legal right, title and interest in and to the Service and
Content, including any intellectual property rights that subsist in
the Service and Content (whether those rights happen to be registered
or not, and wherever in the world those rights may exist).
7. Licenses from Google to You.
7.1
Definitions.
(a) "Brand Features" means the trade names,
trademarks, service marks, logos, domain names, and other
distinctive brand features of each party, respectively,
as secured by such party from time to time.
(b) "Content" means any content provided through
the Service (whether created by Google or its third party
licensors), including map and terrain data, photographic
imagery, traffic data, or any other content.
(c) "Maps API Implementation" means a software
application or website that uses the Maps APIs to obtain and
display Content in conjunction with Your Content, according
to these Terms.
(d) "Your Content" means any content that you
provide in your Maps API Implementation, including data,
images, video, or software. Your Content does not include
the Content.
7.2
Service License. Subject to these Terms (including but not limited
to Section 9 (License Requirements)), Google gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive license to use the
Service as provided by Google, in the manner permitted by the Terms.
7.3
Content License. Subject to these Terms (including but not limited
to Section 9 (License Requirements)), Google gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive license to access,
use, publicly perform and publicly display the Content in your Maps
API Implementation, as the Content is provided in the Service, and
in the manner permitted by the Terms. Specifically, you understand
the following:
(a) Content (including but not limited to map data,
traffic, and directions) is provided for planning
purposes only. You may find that weather conditions,
construction projects, closures, or other events may cause
road conditions or directions to differ from the results
depicted in the Content. You should exercise judgment in
your use of the Content.
(b) Certain Content is provided
under
license from third parties, including
Tele Atlas B.V. ("
Tele Atlas"), and is subject
to copyright and other intellectual property rights
owned by or licensed to Tele Atlas and/or such third
parties. You may be held liable for any unauthorized
copying or disclosure of this content. Your use
of Tele Atlas map data is subject to additional
restrictions located in the
Legal Notices page.
7.4
Brand Features License.
(a)
Grant. Subject to these Terms, Google gives you a personal,
worldwide, royalty-free, non-assignable, non-transferable,
non-sublicenseable, and non-exclusive license to display
Google's Brand Features solely for the purpose of promoting or
advertising your authorized use of the Service in accordance
with this Section and for the purpose of fulfilling your
obligations under the Terms.
(b)
Restrictions. In using Google Brand Features,
you will not:
(i) display a Google Brand Feature in any manner
that implies a relationship or affiliation with,
sponsorship, or endorsement by Google, other than
your use of the Service, or that can be reasonably
interpreted to suggest editorial content has been
authored by, or represents the views or opinions of
Google or Google personnel;
(ii) use Google Brand Features to disparage Google,
its products, or the Google Services;
(iii) display a Google Brand Feature in your
Maps API Implementation or on your
site if your Maps API Implementation or site
contains or displays adult content or
promotes illegal activities, gambling, or the sale
of tobacco or alcohol to persons under twenty-one
(21) years of age;
(iv) have the Google logo as the largest logo
in your Maps API Implementation or on your website
(except as displayed in the map image itself);
(v) display a Google Brand Feature as the most
prominent element in your Maps API Implementation
on any page of your website;
(vi) display a Google Brand Feature in a manner
that is misleading, defamatory, infringing, libelous,
disparaging, obscene or otherwise objectionable
to Google;
(vii) display a Google Brand Feature in your Maps
API Implementation or on a site
that violates any law or regulation; or
(viii) remove, distort or alter any element of
a Google Brand Feature (this includes squeezing,
stretching, inverting, discoloring, etc.).
(c)
No Further License Grant; No Challenges.
Except as set forth in this Section, nothing in the Terms
will grant or will be deemed to grant you any right, title
or interest in or to Google's Brand Features. All use
by you of Google's Brand Features (including any goodwill
associated therewith) will inure to the benefit of Google.
At no time during or after the Term will you challenge or
assist others to challenge the Brand Features of Google
(except to the extent such restriction is prohibited by law)
or the registration thereof by Google, nor will you attempt
to register any Brand Features (including domain names) that
are confusingly similar in any way (including but not limited
to, sound, appearance and spelling) to those of Google.
(d)
Proprietary Rights Notices. You agree that
you will not remove, obscure, or alter any proprietary
rights notices (including copyright and trademark notices,
Terms of Use links, or Brand Features) that may be
affixed to or provided through the Service. Where such
notices are not affixed within the Service, you agree
to display such notices according to the
Maps APIs
Documentation.
7.5
U.S. Government Restricted Rights. If the Service
or Content is being used or accessed by or on behalf of the United
States government, such use is subject to additional terms located in
the "Government End Users" section of our
Legal Notices page.
7.6
Determination of Compliance. Google reserves the sole
right and discretion to determine whether your use of the Service,
Content, and Brand Features is in compliance with these Terms.
8. Permitted Uses under Google's Licenses.
8.1
Permitted Purposes. You agree to use the Service only
for purposes:
(a) that are permitted by the Terms;
(b) that are permitted by any applicable third party contract,
law, or regulation in the relevant jurisdictions; and
(c) that comply with all applicable policies or guidelines
made available by Google.
8.2
Maps APIs Documentation and FAQs. For further
guidance regarding use of the Content, please see the
Maps APIs Documentation and
FAQs.
If there is any conflict between these Terms and the Maps API
Documentation or FAQs, these Terms will
control.
9. License Requirements. Google's licenses above are subject
to your adherence to the following requirements:
9.1
Free, Public Accessibility to Your Maps API Implementation.
Your Maps API Implementation must be generally accessible to users
without charge.
You may require users
to log in to your Maps API Implementation if you do not require
users to pay a fee. Unless you have entered into a
separate written agreement with Google or obtained Google's written
permission, your Maps API Implementation must not:
(a) require a fee-based subscription or other fee-based
restricted access; or
(b) operate only behind a firewall or only on an internal
network (except during the development and testing phase).
9.2
Reporting. You must implement those
reporting mechanisms that Google has set forth and may
update from time to time in these Terms and in the
Maps APIs Documentation.
For example, as specified
in the Maps API Documentation, you agree to provide reports to Google
if your Maps API Implementation enables a device to detect its own
location through use of a sensor (including but not limited to GPS,
cell triangulation, WiFi or similar functionality) to display the
location of the device on a map or to calculate a route.
9.3
End User Terms and Privacy Policy. If you
develop a Maps API
Implementation for use by other users, you must:
(a) display to the users of your Maps API Implementation
the link to Google's Terms of Use as presented
through the Service or described in the
Maps APIs
Documentation;
(b) explicitly state in your Maps API Implementation's
terms of use that, by using your Maps API Implementation,
your users are agreeing to be bound by Google's Terms of
Use; and
(c) protect the privacy and legal rights of those users.
If your Maps API Implementation enables you or any party to gain
access to information about users of the Service, including but not
limited to personally identifying information or non-personally
identifying usage information, you or the party receiving the
information must make publicly available, and must abide by,
an appropriate privacy policy in your Maps API Implementation.
9.4
Attribution Content provided to you through the Service may contain
the trade names, trademarks, service marks, logos, domain names, and other
distinctive brand features of Google, its partners, or other third party rights
holders of content indexed by Google. You may not delete or in any manner alter
these trade names, trademarks, service marks, logos, domain names, and other
distinctive brand features.
9.5
Responsibility for Breaches. 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.
10. License Restrictions. Except as
expressly permitted under the Terms, or unless you have received prior
written authorization from Google (or, as applicable, from the provider of
particular Content), Google's licenses above are subject to your adherence to
all of the restrictions below. Except as explicitly permitted in Section 7 or
the Maps APIs Documentation, you must not (nor may you permit anyone else to):
10.1 access
or use the Service or any Content through any technology or means other
than those provided in the Service, or through other explicitly authorized
means Google may designate;
10.2
copy, translate, modify, create a derivative work of, or publicly display any
Content or any part thereof (for example, the following are prohibited: (a)
creating server-side modification of map tiles; and (b) stitching multiple
static map images together to display a map that is larger than permitted
in the
Maps APIs Documentation);
10.3
pre-fetch,
cache, or store any Content, except that you may store limited amounts of Content for the purpose
of improving the performance of your Maps API Implementation if you do
so temporarily, securely, and in a manner that does not permit use of the
Content outside of the Service;
10.4 charge users
or any other third party any fee for the use of the Maps API Implementation,
the Service, or the Content, unless you have entered into
a separate written
agreement with Google or obtained Google's written permission to do so
(but if you are a consultant who creates or hosts Maps API Implementations
for third party customers, you may charge such customers a fee for your
consulting or hosting services);
10.10
print
more than 5,000 copies of sales collateral materials containing a
screenshot of Tele Atlas Content for purposes of commercial sales
lead generation ("Direct Marketing") or incorporate Tele Atlas Content as a core part of printed
matter (such as printed maps or guide books) that you redistribute
for a fee (you must contact Tele Atlas to obtain a direct license if
you desire to do either of the above);
10.11 offer a batch geocoding service that uses Content contained
in any Google Services;
10.12 use or display the Content without a corresponding
Google map, unless you are explicitly permitted to do so in the
Maps APIs Documentation,
the
Street View API Documentation,
or through written permission from Google (for example, you must not
use geocodes obtained through the Service except in conjunction with
a Google map
, but
the Street View API Documentation explicitly permits
you to display Street View imagery without a corresponding Google
map); or
10.13 hide or mask from Google the identity of your service as it uses
the Service, including by failing to follow the identification conventions
listed in the Maps APIs Documentation; or
10.14 violate any policies in the Maps APIs Documentation
or
violate Google's Software Principles (available at
http://www.google.com/intl/en/corporate/software_principles.html
or such successor URL as Google may provide) and other policies as
Google may develop from time to time, including but not limited to
the Google policies below, under which you agree not to:
(a) defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and
publicity) of others;
(b) upload, post, transmit or otherwise make available
any inappropriate, defamatory, obscene, or unlawful
content;
(c) upload, post, transmit or otherwise make available
any content that infringes any patent, trademark,
copyright, trade secret or other proprietary right of any
party, unless you are the owner of the rights, or have
the permission of the owner or other legal justification
to use such content;
(d) upload, post, transmit or otherwise make available
messages that promote pyramid schemes, chain letters,
or disruptive commercial messages or advertisements;
(e)
upload, post, email, transmit or otherwise make
available any other
content, message, or communication prohibited by applicable law, the
Terms or any applicable Service policies or guidelines;
(f) download any file posted by another that you know,
or reasonably should know, cannot legally be distributed
in such manner;
(g) impersonate another person or entity, or falsify
or delete any author attributions or labels of the origin
or source of Content, or other material;
(h) restrict or inhibit any other user from using and
enjoying the Service or any other Google Services;
(i) delete, obscure, or fail to display the Terms of
Use link as presented through the Service or described
in the Maps APIs Documentation;
(j) delete, obscure, or in any manner alter any warning,
notice (including but not limited to any copyright or
other proprietary rights notice), or link that appears
in the Service or the Content;
(k) interfere with or disrupt the Google Services,
servers, or networks connected to the Google Services,
or disobey any requirements, procedures, policies,
or regulations of networks connected to the Google
Services;
(l) use any robot, spider, site search/retrieval
application, or other device to retrieve or index any
portion of the Google Services or Content or collect
information about users for any unauthorized purpose;
(m) display content in your Maps API Implementation that
falsely expresses or implies that such content is sponsored
or endorsed by Google;
(n) create user accounts by automated means or under
false or fraudulent pretenses, or obtain or attempt to
obtain multiple keys for the same URL;
(o) promote or provide instructional information about
illegal activities;
(p) promote physical harm or injury against any group
or individual; or
(q) transmit any viruses, worms, defects, Trojan horses,
or any items of a destructive nature.
11. Licenses from You to Google.
11.1
Content License.
Google claims no ownership over Your Content, and you retain copyright
and any other rights you already hold in Your Content. By submitting,
posting or displaying Your Content in the Service, you give Google a
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
license to reproduce, adapt, modify, translate, publicly perform,
publicly display and distribute Your Content through the Service
and as search results through Google Services. This license is solely
for the purpose of enabling Google to operate the Service, to promote
the Service (including through public presentations), and to index
and serve such content as search results through Google Services.
If you are unable or unwilling to provide such a license to Your
Content, please see the
FAQ for
information on configuring your Maps API Implementation to opt out.
11.2
Brand Features License. You grant to Google a
nontransferable, nonexclusive license during the Term to use Your Brand
Features to advertise that you are using the Service.
11.3
Authority to Grant Licenses. You confirm and warrant to Google
that you have all the rights, power and authority necessary to grant the
above licenses.
12. Terminating this Agreement.
12.1 The Terms will continue to apply until terminated by either you
or Google as set out below.
12.2 You may terminate your legal
agreement with Google by discontinuing your use of the Service at any time,
and removing the Maps API code from your Maps API Implementation. You do
not need to specifically inform Google when you stop using the Service.
12.3 Google may, at any time, terminate its legal agreement with you
or cease providing all or any part of the Service immediately without any
notice if:
(a) you have breached any provision of the Terms (or have acted in manner
that 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, due to a change to
the law governing the provision of the Service); or
(c) the Service relies on data or services provided by a third party
partner and the relationship with such partner (x) has expired or been
terminated or (y) requires Google to change the way Google provides the
data or services through the Service; or
(d) providing the Service could create a substantial economic burden
as determined by Google in its reasonable good faith judgment; or
(e) providing the Service could create a security risk or material
technical burden as determined by Google in its reasonable good faith judgement.
12.4 Nothing in
this Section will affect Google's rights regarding provision of the Service
under Section 4 of the Terms.
12.5 When this legal agreement
comes to an end, those Terms that by their nature are intended to continue
indefinitely will continue to apply, including but not limited to: Sections 6
(Google's Proprietary Rights); 12.4 and 12.5 (Terminating this Agreement);
13 (Exclusion of Warranties); 14 (Limitation of Liability); 15 (Indemnity);
and 19 (General Legal Terms).
13. EXCLUSION OF WARRANTIES.
13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, WILL
EXCLUDE OR LIMIT GOOGLE'S WARRANTY OR LIABILITY FOR LOSSES THAT 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 CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY,
ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU,
AND GOOGLE.S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND
THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, GOOGLE,
ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS,
DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS;
(b) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR FREE FROM ERROR;
(c) ANY INFORMATION OBTAINED
BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE; AND
(d) THAT DEFECTS IN THE OPERATION OR
FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE
SERVICE WILL BE CORRECTED.
13.3 ANY CONTENT OBTAINED THROUGH THE USE OF THE GOOGLE SERVICES
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA,
OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF
ANY SUCH CONTENT.
13.4 NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE, OR THROUGH OR FROM THE
SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TERMS.
13.5 GOOGLE, ITS LICENSORS AND THEIR SUPPLIERS FURTHER
EXPRESSLY DISCLAIM 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 SECTION 13.1, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE,
ITS SUBSIDIARIES AND AFFILIATES, AND GOOGLE.S LICENSORS AND THEIR SUPPLIERS,
WILL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER
CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, 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, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, OR OTHER INTANGIBLE LOSS); OR
(b) ANY 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 GOOGLE SERVICES;
(ii) ANY CHANGES THAT
GOOGLE MAY MAKE TO THE SERVICE, OR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE
(OR ANY FEATURES WITHIN THE SERVICE);
(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 SERVICE;
(iv) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE
ACCOUNT INFORMATION; OR
(v) YOUR FAILURE TO
KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
CONFIDENTIAL.
14.2 THE LIMITATIONS ON GOOGLE'S LIABILITY TO YOU IN SECTION 14.1
ABOVE WILL APPLY WHETHER OR NOT GOOGLE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THEIR
SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY
OF ANY SUCH LOSSES OR DAMAGES.
15. Indemnity.
15.1 You hereby agree to indemnify, defend and hold Google, its
strategic partners, officers, directors, agents, affiliates, licensors
and their suppliers ("
the Indemnified Parties") harmless from and
against any claim or liability arising out of:
(a) your use of the Maps APIs in breach of the Terms or
applicable policies;
(b) your Maps API Implementation;
(c) any use by users of your Maps API Implementation;
(d)
any claim that your Maps API Implementation or Your Content
violates any applicable law, including but not limited to any
claim that your Maps API Implementation infringes the rights
of a third party.
15.2 You will cooperate as fully as reasonably required in the
defense of any claim. Google reserves the right, at its own expense,
to assume the exclusive defense and control of any matter subject to
indemnification by you. You acknowledge that damages for improper use of
the Maps APIs may be irreparable; therefore, Google is entitled to seek
equitable relief, including but not limited to preliminary injunction
and injunction, in addition to all other remedies.
16.
Copyright Policies. 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 terminate the accounts of
repeat infringers. Details of Google's policy can be found
here.
17.
Other Content.
17.1 The Service may include hyperlinks to
other websites or content or resources. Google has no control over any
web sites or resources that are provided by companies or persons other
than Google. 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 websites or resources.
17.2 You acknowledge and agree
that Google is not liable for any loss or damage that 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 websites or resources.
18. Language
of the Terms.
18.1 Where Google has provided you with a
translation of the English language version of the Terms, you agree that
the translation is provided for your convenience only and that the English
language version of the Terms will govern your relationship with Google.
18.2 If there is any contradiction between the English language
version of the Terms and a translation of the Terms, the English language
version will take precedence.
19. General Legal Terms.
19.1
Notices. You agree that Google may provide you
with notices, including those regarding changes to the Terms, by email,
regular mail, or postings on the Service.
19.2
No Waiver.
You agree that if Google does not exercise or enforce any legal right or
remedy contained in the Terms (or that 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. Any waiver of any provision of these Terms will be effective
only if Google expressly states in a signed writing that it is waiving a
specified Term.
19.3
Severability. If any court of law
that has jurisdiction 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.
19.4
Third Party Beneficiaries.
You acknowledge and agree that each member of the group of companies of which
Google is the parent will be third party beneficiaries to the Terms and that
such other companies will be entitled to directly enforce, and rely upon,
any provision of the Terms that confers a benefit on (or rights in favor
of) them. Other than this, no other person or company will be a third party
beneficiary to the Terms.
19.5
Assignment. The Terms
may be assigned by Google and will inure to the benefit of Google, its
successors and assigns.
19.6
Governing Law and Jurisdiction;
Injunctive Relief. The Terms, and your relationship with Google under
the Terms, will be governed by the laws of the State of California, USA,
without regard to its conflict of laws provisions. You and Google agree to
submit to the exclusive jurisdiction of the courts located in the County
of Santa Clara, California, USA, to resolve any legal matter arising from
the Terms. Notwithstanding this, you agree that Google will be allowed
to apply for injunctive remedies (or an equivalent type of urgent legal
relief) in any jurisdiction.
19.7
Complete Agreement.
The Terms constitute the whole legal agreement between you and Google and
govern your use of the Service and Content, and completely replace and
supersede any prior agreements between you and Google, written or oral,
in relation to the Service and Content.
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