1page.title=Android Backup Service Terms of Service 2@jd:body 3 4 5 6<h3>1. Your relationship with Google</h3> 7 8<p>1.1 9Your use of the Android Backup Service (referred to as the "Service" 10in this document) is subject to the terms of a legal agreement between you and 11Google. "Google" means Google Inc., whose principal place of business 12is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This 13document explains how the agreement is made up, and sets out some of the terms 14of that agreement.</p> 15 16<p>1.2 17Unless otherwise agreed in writing with Google, your agreement with Google will 18always include, at a minimum, the terms and conditions set out in this 19document. These are referred to below as the "Terms".</p> 20 21<p>1.3 The 22Terms form a legally binding agreement between you and Google in relation to 23your use of the Service. It is important that you take the time to read them 24carefully.</p> 25 26 27 28 29 30<h2>2. Accepting the Terms</h2> 31 32<p>2.1 In 33order to use the Service, you must first agree to the Terms. You may not use 34the Service if you do not accept the Terms.</p> 35 36<p>2.2 You 37can accept the Terms by clicking to accept or agree to the Terms, where 38this option is made available to you by Google.</p> 39 40<p>2.3 You 41may not use the Service and may not accept the Terms if you are not of legal 42age to form a binding contract with Google.</p> 43 44<p>2.4 45You represent that you have full power, 46capacity and authority to accept these Terms. If you are accepting on behalf of your employer or 47another entity, you represent that you have full legal authority to bind your employer 48or such entity to these Terms. If 49you don't have the legal authority to bind, please ensure that an authorized 50person from your entity consents to and accepts these Terms.</p> 51 52 53 54 55 56<h2>3. Provision of the Service by Google</h2> 57 58<p>3.1 59Google has subsidiaries and affiliated legal entities around the world ("Subsidiaries 60and Affiliates"). Sometimes, 61these companies will be providing the Service to you on behalf of Google 62itself. You acknowledge and agree that Subsidiaries and Affiliates will be 63entitled to provide the Service to you.</p> 64 65<p>3.2 66Google is constantly innovating in order to provide the best possible 67experience for its users. You acknowledge and agree that the form and nature of 68the Service which Google provides may change from time to time without prior 69notice to you.</p> 70 71<p>3.3 As 72part of this continuing innovation, you acknowledge and agree that Google may 73stop (permanently or temporarily) providing the Service (or any features within 74the Service) to you or to users generally at Google's sole discretion, without 75prior notice to you. You may stop using the Service at any time. You do not 76need to specifically inform Google when you stop using the Service.</p> 77 78<p>3.4 You 79acknowledge and agree that if Google disables your Backup Service Key, you and the Android 80application(s) you developed ("Application(s)") may be prevented from accessing 81the Service and any content that is stored with the Service.</p> 82 83<p>3.5 You 84acknowledge and agree that Google may set a fixed upper limit on the number of 85backup transmissions you may send or receive through the Service or on the 86amount of storage space used for the provision of the Service at any time, at 87Google's discretion. You agree to 88abide by any such fixed upper limits.</p> 89 90 91 92 93 94<h2>4. Use of the Service by you</h2> 95 96<p>4.1 In 97order to access the Service, you must have a unique application identifier 98("Package Name") for your Application as described in the documentation for the 99Service.</p> 100 101<p>4.2 102After supplying Google with the Package Name and accepting the Terms, you will 103be issued an alphanumeric key ("Backup Service Key") assigned to you by Google that is 104uniquely associated with your Application. Your Application must include this Backup Service Key as 105described in the documentation for the Service.</p> 106 107<p>4.3 108There is currently no limit to the number of Backup Service Keys you may obtain in this 109manner provided that you use a different Package Name for each Backup Service Key you 110obtain. You agree that each Backup Service Key is only valid for Applications with the corresponding 111Package Name. You agree that Google may, in its sole 112discretion, impose a limit on the number of Backup Service Keys that may be obtained in 113the future. You agree that your 114continued use of any of the Backup Service Keys assigned by Google, or distribution of any 115Applications using such Backup Service Keys, constitutes your continued agreement to these 116Terms.</p> 117 118<p>4.4 You 119agree to use the Service only for purposes that are permitted by (a) the Terms 120and (b) any applicable law, regulation, third-party terms of service, or 121generally accepted practices or guidelines in the relevant jurisdictions 122(including any laws regarding the export of data or software to and from the 123United States or other relevant countries).</p> 124 125<p>4.5 You 126agree not to access (or attempt to access) any of the Service by any means 127other than through the interfaces, methods, and APIs that are provided by 128Google, unless you have been specifically allowed to do so in a separate 129agreement with Google.</p> 130 131<p>4.6 You 132agree that you will not engage in any activity that interferes with or disrupts 133the Service (or the servers and networks which are connected to the Service), 134or the servers or networks of any third-party.</p> 135 136<p>4.7 You 137agree that your use of the Service will be in compliance with any documentation 138guidelines provided by Google and that failure to comply with the documentation 139guidelines may result in the disabling of the Backup Service Key(s) for your 140Application(s).</p> 141 142<p>4.8 143Unless you have been specifically permitted to do so in a separate agreement 144with Google, you agree that you will not reproduce, duplicate, copy, sell, 145trade or resell (a) use of the Service, or (b) access to the Service.</p> 146 147<p>4.9 You 148agree that you are solely responsible for (and that Google has no 149responsibility to you or to any third party for) your and your Application's 150use of the Service, any breach of your obligations under the Terms, and for the 151consequences (including any loss or damage which Google may suffer) of any such 152breach.</p> 153 154<p>4.10 You agree that in your use of the Service, you and 155your Applications will protect the privacy and legal rights of users. You must 156provide legally adequate privacy notice and protection for users whose data 157your Applications back up to the Service. Further, your Application may only 158use that information for the limited purpose of backing up the data to the 159Service unless the user has given you permission for further use. If the user has not given you 160permission to back up information to the Service, you may not transmit such 161information to the Service.</p> 162 163<p>4.11 You agree 164that you and your Applications will not transmit or store sensitive user 165information, such as user names, passwords, or credit card numbers, through the 166Service.</p> 167 168 169 170 171 172<h2>5. Security</h2> 173 174<p>5.1 You 175agree and understand that you are responsible for maintaining the security 176associated with any information you provide to access the Service as well as of 177the Backup Service Key(s) assigned to you by Google. You agree that only you are authorized to use 178the Backup Service Key(s) assigned to you.</p> 179 180<p>5.2 181Accordingly, you agree that you will be solely responsible to Google for all 182activities that occur in connection with your access to the Service, as well as 183the Backup Service Key.</p> 184 185<p>5.3 If 186you become aware of any unauthorized use of your Backup Service Key(s) you agree to notify 187Google immediately.</p> 188 189 190 191 192 193<h2>6. Privacy and your personal information</h2> 194 195<p>6.1 For 196information about Google's data protection practices, please read Google's 197privacy policy at <a 198href="http://www.google.com/privacy.html">http://www.google.com/privacy.html</a>. 199This policy explains how Google treats your personal information when you use 200the Service.</p> 201 202<p>6.2 You 203agree to the use of your data in accordance with Google's privacy policies.</p> 204 205 206 207 208 209<h2>7. Content in the Service</h2> 210 211<p>7.1 You 212agree that you are solely responsible for (and that Google has no 213responsibility to you or to any third party for) any Content that you or your 214Applications transmit or store through the Service and for the consequences of 215your actions (including any loss or damage which Google may suffer) by doing 216so. You agree that you are solely 217responsible for (A) any Content that is transmitted through the Service by your 218Applications, and (B) any Content that Devices retrieve from the Service by 219virtue of your Applications. For 220purposes of the Terms, "Content" means information such as data, messages, 221settings information, written text, computer software, music, audio files or 222other sounds, photographs, videos or other images. "Device(s)" means device(s) powered by 223the Android operating system.</p> 224 225<p>7.2 You 226agree that you will not transmit any Content through the Service that is 227copyrighted, protected by trade secret or otherwise subject to third party 228proprietary rights, including patent, privacy and publicity rights, unless you 229are the owner of such rights or have permission from their rightful owner to 230transmit the Content through the Service.</p> 231 232 233 234 235 236<h2>8. Proprietary rights</h2> 237 238<p>8.1 You 239acknowledge and agree that Google (or Google's licensors) own all legal right, 240title and interest in and to the Service, including any intellectual property 241rights which subsist in the Service (whether those rights happen to be 242registered or not, and wherever in the world those rights may exist).</p> 243 244<p>8.2 245Unless you have agreed otherwise in writing with Google, nothing in the Terms 246gives you a right to use any of Google's trade names, trademarks, service 247marks, logos, domain names, and other distinctive brand features.</p> 248 249<p>8.3 If 250you have been given an explicit right to use any of these brand features in a 251separate written agreement with Google, then you agree that your use of such 252features shall be in compliance with that agreement, any applicable provisions 253of the Terms, and Google's brand feature use guidelines as updated from time to 254time. These guidelines can be viewed online at <a 255href="http://www.google.com/permissions/guidelines.html">http://www.google.com/permissions/ 256guidelines.html</a> (or such other URL as Google may 257provide for this purpose from time to time).</p> 258 259<p>8.4 You 260agree that you shall not remove, obscure, or alter any proprietary rights 261notices (including copyright, trade mark notices) which may be affixed to or 262contained within the Service.</p> 263 264 265 266 267 268<h2>9. License from Google</h2> 269 270<p>9.1 271Subject to terms and conditions of these Terms, Google gives you a personal, 272worldwide, royalty-free, non-assignable and non-exclusive license to use the 273Service as provided to you by Google. This license is for the sole purpose of 274enabling you to use and enjoy the benefit of the Service as provided by Google, 275in the manner permitted by the Terms. </p> 276 277<p>9.2 You 278may not (and you may not permit anyone else to) copy, modify, create a 279derivative work of, reverse engineer, decompile or otherwise attempt to extract 280the source code from the Service or any part thereof, unless this is expressly 281permitted or required by law, or unless you have been specifically told that 282you may do so by Google, in writing.</p> 283 284<p>9.3 285Unless Google has given you specific written permission to do so, you may not 286assign (or grant a sub-license of) your rights to use the Service, grant a 287security interest in or over your rights to use the Service, or otherwise 288transfer any part of your rights to use the Service.</p> 289 290 291 292 293 294<h2>10. Your code</h2> 295 296<p>10.1 297Google claims no ownership or control over any source code written by you to be 298used with the Service. You retain copyright and any other rights you already 299hold in this code, and you are responsible for protecting those rights, as 300appropriate.</p> 301 302 303 304 305 306<h2>11. Ending your relationship 307with Google</h2> 308 309<p>11.1 310The Terms will continue to apply until terminated by either you or Google as 311set out below.</p> 312 313<p>11.2 314You may terminate your legal agreement with Google by discontinuing your use of 315the Service at any time.</p> 316 317<p>11.3 318Google may, at any time, terminate its legal agreement with you if:</p> 319 320<p style='margin-left:1.0em;'> (A) you have breached any provision of the Terms (or have 321acted in manner which clearly shows that you do not intend to, or are unable to 322comply with the provisions of the Terms); or</p> 323 324<p style='margin-left:1.0em;'> (B) Google is required to do so by law (for example, where 325the provision of the Service to you is, or becomes, unlawful); or</p> 326 327<p style='margin-left:1.0em;'> (C) Google is 328transitioning to no longer providing the Service; or</p> 329 330<p style='margin-left:1.0em;'> (D) your Application fails to meet the documentation 331guidelines provided by Google.</p> 332 333<p>11.4 334Nothing in this Section shall affect Google's rights regarding provision of the 335Service under Section 3 of the Terms.</p> 336 337<p>11.5 338When these Terms come to an end, all of the legal rights, obligations and 339liabilities that you and Google have benefited from, been subject to (or which 340have accrued over time whilst the Terms have been in force) or which are 341expressed to continue indefinitely, shall be unaffected by this cessation, and 342the provisions of Sections 12, 13 and Paragraph 16 shall continue to apply to 343such rights, obligations and liabilities indefinitely.</p> 344 345 346 347 348 349<h2>12. EXCLUSION OF WARRANTIES</h2> 350 351<p>12.1 352NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT 353GOOGLE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR 354LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF 355CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY 356FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF 357IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE 358LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR 359LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p> 360 361<p>12.2 362YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE 363RISK AND THAT THE SERVICE AND CONTENT ARE PROVIDED "AS IS" AND 364"AS AVAILABLE".</p> 365 366<p>12.3 IN 367PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT 368REPRESENT OR WARRANT TO YOU THAT:</p> 369 370<p style='margin-left:1.0em;'>(A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,</p> 371 372<p style='margin-left:1.0em;'>(B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, 373SECURE OR FREE FROM ERROR, AND</p> 374 375<p style='margin-left:1.0em;'>(C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY 376SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.</p> 377 378<p>12.4 NO 379ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR 380THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN 381THE TERMS.</p> 382 383<p>12.5 384GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, 385WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED 386WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE 387AND NON-INFRINGEMENT.</p> 388 389 390 391 392 393<h2>13. LIMITATION OF LIABILITY</h2> 394 395<p>13.1 396SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND 397AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL 398NOT BE LIABLE TO YOU FOR:</p> 399 400<p style='margin-left:1.0em;'> (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL 401OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY 402THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF 403PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR 404BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF 405SUBSTITUTE GOODS OR SERVICE, OR OTHER INTANGIBLE LOSS;</p> 406 407<p style='margin-left:1.0em;'> (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, 408INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:</p> 409 410<p style='margin-left:2em;'> (I) ANY 411CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY 412CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE 413SERVICE);</p> 414 415<p style='margin-left:2em;'> (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, 416ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR 417THROUGH YOUR USE OF THE SERVICE;</p> 418 419<p style='margin-left:2em;'> (III) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT 420INFORMATION; OR</p> 421 422<p style='margin-left:2em;'> (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS 423SECURE AND CONFIDENTIAL.</p> 424 425<p>13.2 426THE LIMITATIONS ON GOOGLE'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL 427APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF 428THE POSSIBILITY OF ANY SUCH LOSSES ARISING.</p> 429 430 431 432 433 434<h2>14. Indemnification</h2> 435 436<p>14.1 You agree to hold 437harmless and indemnify Google, and its subsidiaries, affiliates, officers, 438agents, employees, or licensors from and against any third party claim arising 439from or in any way related to (a) your breach of the Terms, (b) your use of the 440Service, or (c) your violation of applicable laws, rules or regulations in 441connection with the Service, including any liability or expense arising from 442all claims, losses, damages (actual and consequential), suits, judgments, 443litigation costs and attorneys' fees, of every kind and nature. In such a case, 444Google will provide you with written notice of such claim, suit or action.</p> 445 446 447 448 449 450<h2>15. Changes to the Terms</h2> 451 452<p>15.1 453Due to things like changes to the law or changes to 454functionality offered through the Service, Google may need to change these Terms from time to 455time. You should look at the Terms regularly. We'll post 456notice of the modified Terms within, or through, the Service. Once the modified Terms are posted, 457the changes will become effective immediately, and you are deemed to have accepted the modified 458Terms if you continue to use the Service. If you do not agree to the modified 459Terms for the Service, please stop using the Service.</p> 460 461 462 463 464 465<h2>16. General legal terms</h2> 466 467<p>16.1 468The Terms constitute the whole legal agreement between you and Google and 469govern your use of the Service (but excluding any service which Google may 470provide to you under a separate written agreement), and completely replace any 471prior agreements between you and Google in relation to the Service.</p> 472 473<p>16.2 474You agree that Google may provide you with notices, including those regarding 475changes to the Terms, by email, regular mail, or postings on the Service.</p> 476 477<p>16.3 478You agree that if Google does not exercise or enforce any legal right or remedy 479which is contained in the Terms (or which Google has the benefit of under any 480applicable law), this will not be taken to be a formal waiver of Google's 481rights and that those rights or remedies will still be available to Google.</p> 482 483<p>16.4 If 484any court of law, having the jurisdiction to decide on this matter, rules that 485any provision of these Terms is invalid, then that provision will be removed 486from the Terms without affecting the rest of the Terms. The remaining 487provisions of the Terms will continue to be valid and enforceable.</p> 488 489<p>16.5 490You acknowledge and agree that each member of the group of companies of which 491Google is the parent shall be third party beneficiaries to the Terms and that 492such other companies shall be entitled to directly enforce, and rely upon, any 493provision of the Terms which confers a benefit on (or rights in favor of) them. 494Other than this, no other person or company shall be third party beneficiaries 495to the Terms.</p> 496 497<p>16.6 498The Terms, and your relationship with Google under the Terms, shall be governed 499by the laws of the State of California without regard to its conflict of laws 500provisions. You and Google agree to submit to the exclusive jurisdiction of the 501courts located within the county of Santa Clara, California to resolve any 502legal matter arising from the Terms. Notwithstanding this, you agree that 503Google shall still be allowed to apply for injunctive remedies (or an 504equivalent type of urgent legal relief) in any jurisdiction.</p> 505 506