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Access to Continuous Match Mode (CMM) for Google Assistant Agreement

Thank you for expressing interest in applying to Access to Continuous Match Mode (CMM) for Google Assistant. By participating, you agree to test and provide feedback on the new Continuous Match Mode (CMM) feature for Interactive Canvas.

CMM allows Canvas developers to keep the mic open for user queries and receive low latency speech recognition results to your Actions. This feature allows the user to provide a series of inputs, which the Canvas Action matches and acknowledges in real-time.

This opportunity is confidential. Please read the following agreement and apply to Access to Continuous Match Mode (CMM) where you will confirm you have read and accepted the terms below. Access to Continuous Match Mode (CMM) is a limited program, submitting does not guarantee your participation. We'll reach out in the following weeks if you are selected to participate.

By acknowledging you have read the agreement below and submitting your application by clicking the "Submit" button on the application for Access to Continuous Match Mode (CMM) for Google Assistant, you, on behalf of yourself and the organization you represent, ("You") agree to comply with the following terms. If You are clicking on behalf of an organization, do not click unless You are authorized to represent that organization.

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  1. Participation.

    (a) Through Google's, Access to Continuous Match Mode (CMM) for Google Assistant (“Access to CMM”), Google may give You access to certain products and services ("Google Products and Services"), which are in different stages of development. Those Google Products and Services may not always perform as specified and may not be suitable for use in a production environment.

    (b) You are responsible for protecting Yourself, Your property and data, and others from any risks caused by Google Products and Services.

    (c) Google may ask You to provide feedback ("Feedback"). By participating, you agree to test and provide feedback on the new Continuous Match Mode (CMM) feature for Interactive Canvas. Any Feedback You provide must only be from You, truthful, and accurate.

    (d) Google will not provide any compensation for Your participation and Your participation may be suspended at any time.

  2. Intellectual Property Rights.

    (a) Evaluation: You may use the Google Products and Services to evaluate them. To the extent the Google Products and Services include any downloadable software products, Google grants You a non-exclusive, non-sublicensable, non-transferable license to reproduce the software solely for evaluation purposes on systems You own, operate, or manage. Google retains title, ownership and all rights to any Google Products and Services and anything else that Google makes available to You.

    (b) Software Developed by You: You may also use the Google Products and Services to develop software that interacts with the Google Products and Services so long as You do not modify or distribute any of the Google Products and Services or include any of the Google Products and Services in the software You develop. Any software You develop may not violate (i) applicable laws, (ii) Google's or any third-party rights, or (iii) any Google policies we notify You of. You retain title, ownership and all rights to any software You develop. At Your request, Google will review the source code of the software You develop and use the source code for support purposes. Google may use Residuals for any purpose, including use in the acquisition, development, manufacture, promotion, sale, or maintenance of products and services. The term "Residuals" means information that is retained in the unaided memories of Google's employees or contractors who have had access to the software You develop. Memory is unaided if the employee or contractor has not intentionally memorized the information for the purpose of retaining and subsequently using or disclosing it.

    (c) Google's Rights: Except as provided in Section 2(b) (Software Developed by You), Google may use Feedback without obligation to You, and You hereby irrevocably assign to Google all right, title, and interest in that Feedback or those suggestions. You waive any moral rights You have and agree not to exercise them, unless You notify Google and follow Google's instructions. Other than Feedback provided to Google, this Agreement does not transfer any intellectual property rights to Google.

    (d) Open Source and Third-Party Software: If the Google Products and Services contain open source or third-party components, those components may be subject to separate license agreements, which Google will provide to You. In addition, Google will notify You if You will be required to procure and use certain third-party software to operate the Google Products and Services.

    (e) Use Restrictions: You will not, and will not allow any third parties to: (a) reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any of the source code of the Google Products and Services (except to the extent such restriction is expressly prohibited by applicable law); or (b) sublicense, transfer, sell, or distribute any of the Google Products and Services.

  3. Confidentiality.

    (a) Any information that Google provides under this agreement, as well as Your Feedback is Google's confidential information ("Confidential Information"). As an exception, information that You rightfully knew before receiving it from Google is public information, or information that was rightfully disclosed to You without confidentiality obligations is not Confidential Information under this agreement. You must immediately tell Google if You are legally required to disclose Confidential Information.

    (b) You must keep all Confidential Information secret and treat that information with the same degree of care as You would with Your own confidential information, but no less than a reasonable degree of care. You can use it only to evaluate Google Products and Services or develop software in accordance with Section 2 (Intellectual Property Rights).

    (c) Upon termination or expiration of this agreement, You will immediately destroy all Confidential Information in Your possession.

  4. Term.

    This agreement becomes effective when You click the "I accept the Access to Continuous Match Mode (CMM) for Google Assistant Agreement" button on the application and remains in force until either party gives written termination notice, which will be effective immediately. Section 2(b), Section 2(c) and Sections 3 through 9 survive any termination of this agreement.

  5. Warranty Disclaimer.

    GOOGLE PROVIDES ALL GOOGLE PRODUCTS AND SERVICES AND OTHER ITEMS AND INFORMATION HEREUNDER "AS IS" WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, GOOGLE DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GOOGLE IS NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY DATA AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF GOOGLE PRODUCTS AND SERVICES. YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP YOUR DATA. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY DISSATISFACTION IS TERMINATION IN ACCORDANCE WITH SECTION 4 (TERM).

  6. Limitation of Liability.

    TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL GOOGLE HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OR DATA, OR COST OF COVER. TO THE EXTENT PERMITTED BY LAW, GOOGLE'S LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH ACCESS TO CMM OR HARM CAUSED BY ANY GOOGLE PRODUCT WILL NOT EXCEED THE MONETARY VALUE OF ANY FEEDBACK PROVIDED BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS LESS. THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 WILL APPLY TO ANY DAMAGES, LOSSES OR EXPENSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF GOOGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 WILL NOT APPLY, HOWEVER, WITH RESPECT TO ANY DAMAGES THAT GOOGLE INTENTIONALLY CAUSES TO YOU.

  7. Indemnification.

    You agree to hold harmless and indemnify Google, its employees, agents, and representatives, from and against any third-party claim related to Your use of Google Products and Services or other activities under this agreement.

  8. Governing Law.

    This agreement is governed by California law, excluding California's choice of law rules. FOR ANY DISPUTE RELATING TO THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA, except that either party may seek injunctive relief in any court of competent jurisdiction worldwide.

  9. Customer Data.

    Google may use and share data that You add to the Google Products and Services in order to operate the Google Products and Services and to provide, maintain, protect and improve Google’s products and services and to develop new ones. Google may use and share personal information that You provide, to operate Access to CMM and exercise Google's rights.

  10. Miscellaneous.

    You understand and agree that your participation in Access to CMM is completely voluntary. You understand and agree that You do not have a partnership, employer-employee, agency, or joint venture relationship with Google, and that You have no expectation of receiving compensation for Your participation. You will not use the Google Products and Services to store or transfer any data that would be controlled for export under Export Control Laws. "Export Control Laws" means all applicable export and reexport control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State. Your rights and obligations under this agreement are specific to You, and You cannot assign them to anyone else. Google may freely assign or delegate its rights and obligations under this agreement. Google can modify the agreement and notify You, and Your continued participation in Access to CMM will constitute Your acceptance of the modified agreement. You may not modify this agreement without Google's written consent. Failure to enforce any provision will not constitute a waiver. The English language version is legally binding and will prevail in case of any inconsistencies with translated versions. This is the entire agreement between You and Google with respect to this subject matter and supersedes any prior oral or written agreements.