# GOOGLE MOBILE DEVELOPER SERVICES TERMS OF SERVICE

These Google Mobile Developer Services Terms of Service, the
[Google Mobile Developer Services Policies](https://developers.google.com/mobile/policy) and the
[Google API Terms of Service](https://developers.google.com/terms/)
(this **"Agreement"** ) are entered into by Google Inc. (**"Google"** )
and the entity or individual using the Service (**"You"** ). This Agreement
governs Your use of the Google Mobile Developer Services (the **"Service"**).
BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE,
YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT
ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. In consideration of the
foregoing, the parties agree as follows:

## 1. Definitions.

**"Account"** refers to the account for the Service.

**"Confidential Information"** includes any proprietary data and any other
information disclosed by one party to the other in writing and marked "confidential" or disclosed
orally and, within five business days, reduced to writing and marked "confidential". However,
Confidential Information will not include any information that is or becomes known to the general
public, which is already in the receiving party's possession prior to disclosure by a party or
which is independently developed by the receiving party without the use of Confidential
Information.

**"Customer Data"** means the data you collect, process or store using the Service
concerning the characteristics and activities of Users.

**"Documentation"** means any accompanying documentation made available to You
by Google for use with the Processing Software, including any documentation available online.

**"SDK"** means the Google Mobile Developer Services Software Development Kit,
which is used or incorporated on an App for the purpose of collecting Customer Data, together
with any fixes, updates and upgrades provided to You.

**"Processing Software"** means the Google server-side software and any upgrades,
which analyzes the Customer Data and generates the Reports.

**"App"** means any app or other resource that sends data to the Service. Each
App must be under Your control.

**"Privacy Policy"** means the privacy policy on an App.

**"Report"** means the resulting analysis made available to You.

**"Servers"** means the servers controlled by Google (or its wholly owned
subsidiaries) on which the Processing Software and Customer Data are stored.

**"Software"** means the SDK and the Processing Software.

**"Third Party"** means any third party (i) to which You provide access to Your
Account or (i) for which You use the Service to collect information on the third party's behalf.

**"Users"** means users of Your Apps.

The words **"include"** and **"including"** mean "including but not
limited to."

## 2. Fees and Service.

Google may change its fees and payment policies for the Service from time to time. The changes
to the fees or payment policies are effective upon Your acceptance of those changes which will
be posted at [https://developers.google.com/mobile/terms](https://developers.google.com/mobile/terms).
Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes
immediately due and payable upon termination of this Agreement and any collection expenses
(including attorneys' fees) incurred by Google will be included in the amount owed, and may be
charged to the credit card or other billing mechanism associated with Your AdWords account.

## 3. Member Account, Password, and Security.

To register for the Service, You must complete the registration process by providing Google
with current, complete and accurate information as prompted by the registration form, including
Your e-mail address (username) and password. You will protect Your passwords and take full
responsibility for Your own, and third party, use of Your accounts. You are solely responsible
for any and all activities that occur under Your Account. You will notify Google immediately
upon learning of any unauthorized use of Your Account or any other breach of security. Google's
(or its wholly-owned subsidiaries') support staff may, from time to time, log in to the Service
under Your Account in order to maintain or improve service, including to provide You
assistance with technical or billing issues.

## 4. Nonexclusive License.

Subject to the terms and conditions of this Agreement, (a) Google grants You a limited,
revocable, non-exclusive, non-sublicensable license to install, copy and use the SDK solely
as necessary for You to use the Service on Your Apps or Third Party's Apps; and (b) You may
remotely access, view and download Your Reports. You will not (and You will not allow any third
party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the
Software or the Documentation; (ii) reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Software, except as expressly permitted by the law
in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or
otherwise transfer rights in or to the Software, the Documentation or the Service; (iv) remove
any proprietary notices or labels on the Software or placed by the Service; (v) use, post,
transmit or introduce any device, software or routine which interferes or attempts to interfere
with the operation of the Service or the Software; or (vi) use data labeled as belonging to a
third party in the Service for purposes other than generating, viewing, and downloading Reports.
You will comply with all applicable laws and regulations and Your agreements with third parties
in Your use of and access to the Documentation, Software, Service and Reports.

## 5. Confidentiality.

Neither party will use or disclose the other party's Confidential Information without the
other's prior written consent except for the purpose of performing its obligations under
this Agreement or if required by law, regulation or court order; in which case, the party
being compelled to disclose Confidential Information will give the other party as much
notice as is reasonably practicable prior to disclosing the Confidential Information.

## 6. Information Rights and Publicity.

Google and its wholly owned subsidiaries may retain and use, subject to the terms of its
privacy policy (located at [www.google.com/privacy.html](http://www.google.com/privacy.html)), information collected in Your use of the Service.
Google will not share Your Customer Data or any Third Party's Customer Data with any third
parties unless Google (i) has Your consent for any Customer Data or any Third Party's consent
for the Third Party's Customer Data; (ii) concludes that it is required by law or has a good
faith belief that access, preservation or disclosure of Customer Data is reasonably necessary
to protect the rights, property or safety of Google, its users or the public; or (iii) provides
Customer Data in certain limited circumstances to third parties to carry out tasks on Google's
behalf (e.g., billing or data storage) with strict restrictions that prevent the data from
being used or shared except as directed by Google. When this is done, it is subject to
agreements that oblige those parties to process Customer Data only on Google's instructions
and in compliance with this Agreement and appropriate confidentiality and security measures.

## 7. Privacy.

You will not (and will not allow any third party to) use the Service to track, collect
or upload any data that personally identifies an individual (such as a name, email address
or billing information), or other data which can be reasonably linked to such information
by Google. You will have and abide by an appropriate Privacy Policy and will comply with
all applicable laws, policies, and regulations relating to the collection, usage and sharing
of information from Users. You must post a Privacy Policy and that Privacy Policy must
provide notice of Your use of cookies,
[identifiers for mobile devices](http://www.google.com/policies/technologies/ads/)
(e.g., Android Advertising Identifier or Advertising Identifier for iOS) or similar technology
that are used to collect data. You must disclose the use of the Service, and how it collects
and processes data. This can be done by displaying a prominent link to the site "How Google
uses data when you use our partners' sites or apps", (located at
[www.google.com/policies/privacy/partners/](http://www.google.com/policies/privacy/partners/),
or any other URL Google may provide from time to time). You will use commercially reasonable
efforts to ensure that a User is provided with clear and comprehensive information about,
and consents to, the storing and accessing of cookies or other information on the User's
device where such activity occurs in connection with the Service and where providing such
information and obtaining such consent is required by law.

You must not circumvent any privacy features that are part of the Service.

Your access to and use of any other DoubleClick or Google service is subject to the
applicable terms between You and Google regarding that service.

## 8. Indemnification.

To the extent permitted by applicable law, You will indemnify, hold harmless and defend
Google and its wholly owned subsidiaries, at Your expense, from any and all third-party
claims, actions, proceedings, and suits brought against Google or any of its officers,
directors, employees, agents or affiliates, and all related liabilities, damages, settlements,
penalties, fines, costs or expenses (including, reasonable attorneys' fees and other
litigation expenses) incurred by Google or any of its officers, directors, employees, agents
or affiliates, arising out of or relating to (i) Your breach of any term or condition of
this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules
or regulations in connection with the Service, (iv) any representations and warranties made
by You concerning any aspect of the Service, the Software or Reports to any Third Party;
(v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to
Your use of the Service, the Software or Reports; (vi) violations of Your obligations of
privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any
Third Party in connection with the Service, the Software or Reports. Google will provide
You with written notice of any claim, suit or action from which You must indemnify Google.
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.

## 9. Third Parties.

If You use the Service on behalf of the Third Party or a Third Party otherwise uses the
Service through Your Account, whether or not You are authorized by Google to do so, then You
represent and warrant that (a) You are authorized to act on behalf of, and bind to this
Agreement, the Third Party to all obligations that You have under this Agreement,
(b) Google may share with the Third Party any Customer Data that is specific to the Third
Party's Apps, and (c) You will not disclose Third Party's Customer Data to any other party
without the Third Party's consent.

## 10. DISCLAIMER OF WARRANTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS
AGREEMENT, GOOGLE MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE AND NON-INFRINGEMENT.

## 11. LIMITATION OF LIABILITY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL NOT BE LIABLE FOR YOUR LOST REVENUES
OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF
GOOGLE OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN
THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. GOOGLE'S
(AND ITS WHOLLY OWNED SUBSIDIARIES' TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR
ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO
THIS AGREEMENT WILL NOT EXCEED $500 (USD).

## 12. Proprietary Rights Notice.

The Service, which includes the Software and all intellectual property rights therein
are, and will remain, the property of Google (and its wholly owned subsidiaries). All rights
in and to the Software not expressly granted to You in this Agreement are reserved and
retained by Google and its licensors without restriction, including, Google's (and its
wholly owned subsidiaries') right to sole ownership of the Software and Documentation.
Without limiting the generality of the foregoing, You agree not to (and not to allow any
third party to): (a) sublicense, distribute, or use the Service or Software outside of the
scope of the license granted in this Agreement; (b) copy, modify, adapt, translate, prepare
derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise
attempt to discover any source code or trade secrets related to the Service; (c) rent, lease,
sell, assign or otherwise transfer rights in or to the Software or the Service; (d) use,
post, transmit or introduce any device, software or routine which interferes or attempts
to interfere with the operation of the Service or the Software; (e) use the trademarks, trade
names, service marks, logos, domain names and other distinctive brand features or any
copyright or other proprietary rights associated with the Service for any purpose without
the express written consent of Google; (f) register, attempt to register, or assist anyone
else to register any trademark, trade name, serve marks, logos, domain names and other
distinctive brand features, copyright or other proprietary rights associated with Google
(or its wholly owned subsidiaries) other than in the name of Google (or its wholly owned
subsidiaries, as the case may be); (g) remove, obscure, or alter any notice of copyright,
trademark, or other proprietary right appearing in or on any item included with the Service
or (h) seek, in a proceeding filed during the term of this Agreement or for one year after
such term, an injunction of any portion of the Service based on patent infringement.

## 13. U.S. Government Rights.

If the use of the Service is being acquired by or on behalf of the U.S. Government or by
a U.S. Government prime contractor or subcontractor (at any tier), in accordance with
48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101
and 12.212 (for non-DOD acquisitions), the Government's rights in the Software, including
its rights to use, modify, reproduce, release, perform, display or disclose the Software
or Documentation, will be subject in all respects to the commercial license rights and
restrictions provided in this Agreement.

## 14. Term and Termination.

Either party may terminate this Agreement at any time with notice. Upon any termination
of this Agreement, Google will stop providing, and You will stop accessing the Service.
In the event of any termination (a) You will not be entitled to any refunds of any usage
fees or any other fees, and (b) any outstanding balance for Service rendered through the
date of termination will be immediately due and payable in full and (c) all of Your
historical Report data will no longer be available to You.

## 15. Modifications to Terms of Service and Other Policies.

Google may modify these terms or any additional terms that apply to the Service to,
for example, reflect changes to the law or changes to the Service. You should look at
the terms regularly. Google will post notice of modifications to these terms at
[https://developers.google.com/mobile/terms](https://developers.google.com/mobile/terms),
the [Google Mobile Developer Services Policies](https://developers.google.com/mobile/policy)
at <https://developers.google.com/mobile/policy>,
or other policies referenced in these terms at the applicable URL for such policies. Changes
will not apply retroactively and will become effective no sooner than 14 days after they
are posted. If You do not agree to the modified terms for the Service, You should discontinue
Your use of the Service. No amendment to or modification of this Agreement will be binding
unless (i) in writing and signed by a duly authorized representative of Google,
(ii) You accept updated terms online, or (iii) You continue to use the Service after
Google has posted updates to the Agreement or to any policy governing the Service.

## 16. Miscellaneous, Applicable Law and Venue.

Google will be excused from performance in this Agreement to the extent that performance
is prevented, delayed or obstructed by causes beyond its reasonable control. This
Agreement (including any amendment agreed upon by the parties in writing) represents the
complete agreement between You and Google concerning its subject matter, and supersedes
all prior agreements and representations between the parties. If any provision of this
Agreement is held to be unenforceable for any reason, such provision will be reformed
to the extent necessary to make it enforceable to the maximum extent permissible so as
to effect the intent of the parties, and the remainder of this Agreement will continue
in full force and effect. This Agreement will be governed by and construed under the laws
of the state of California without reference to its conflict of law principles. In the
event of any conflicts between foreign law, rules, and regulations, and California law,
rules, and regulations, California law, rules and regulations will prevail and govern.
Each party agrees to submit to the exclusive and personal jurisdiction of the courts
located in Santa Clara County, California. The United Nations Convention on Contracts
for the International Sale of Goods and the Uniform Computer Information Transactions
Act do not apply to this Agreement. The Software is controlled by U.S. Export Regulations,
and it may be not be exported to or used by embargoed countries or individuals. Any
notices to Google must be sent to: Google Inc., 1600 Amphitheatre Parkway, Mountain View,
CA 94043, USA, with a copy to Legal Department, via first class or air mail or overnight
courier, and are deemed given upon receipt. A waiver of any default is not a waiver of
any subsequent default. You may not assign or otherwise transfer any of Your rights in
this Agreement without Google's prior written consent, and any such attempt is void.
The relationship between Google and You is not one of a legal partnership relationship,
but is one of independent contractors. This Agreement will be binding upon and inure to
the benefit of the respective successors and assigns of the parties hereto. The following
sections of this Agreement will survive any termination thereof: 1, 4, 5, 6 , 7, 8, 9,
10, 11, 12, 14, and 16.

Last Updated: 2015-09-01