(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.