1page.title=Android Backup Service Terms of Service 2excludeFromSuggestions=true 3@jd:body 4 5 6 7<h3>1. Your relationship with Google</h3> 8 9<p>1.1 10Your use of the Android Backup Service (referred to as the "Service" 11in this document) is subject to the terms of a legal agreement between you and 12Google. "Google" means Google Inc., whose principal place of business 13is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This 14document explains how the agreement is made up, and sets out some of the terms 15of that agreement.</p> 16 17<p>1.2 18Unless otherwise agreed in writing with Google, your agreement with Google will 19always include, at a minimum, the terms and conditions set out in this 20document. These are referred to below as the "Terms".</p> 21 22<p>1.3 The 23Terms form a legally binding agreement between you and Google in relation to 24your use of the Service. It is important that you take the time to read them 25carefully.</p> 26 27 28 29 30 31<h2>2. Accepting the Terms</h2> 32 33<p>2.1 In 34order to use the Service, you must first agree to the Terms. You may not use 35the Service if you do not accept the Terms.</p> 36 37<p>2.2 You 38can accept the Terms by clicking to accept or agree to the Terms, where 39this option is made available to you by Google.</p> 40 41<p>2.3 You 42may not use the Service and may not accept the Terms if you are not of legal 43age to form a binding contract with Google.</p> 44 45<p>2.4 46You represent that you have full power, 47capacity and authority to accept these Terms. If you are accepting on behalf of your employer or 48another entity, you represent that you have full legal authority to bind your employer 49or such entity to these Terms. If 50you don't have the legal authority to bind, please ensure that an authorized 51person from your entity consents to and accepts these Terms.</p> 52 53 54 55 56 57<h2>3. Provision of the Service by Google</h2> 58 59<p>3.1 60Google has subsidiaries and affiliated legal entities around the world ("Subsidiaries 61and Affiliates"). Sometimes, 62these companies will be providing the Service to you on behalf of Google 63itself. You acknowledge and agree that Subsidiaries and Affiliates will be 64entitled to provide the Service to you.</p> 65 66<p>3.2 67Google is constantly innovating in order to provide the best possible 68experience for its users. You acknowledge and agree that the form and nature of 69the Service which Google provides may change from time to time without prior 70notice to you.</p> 71 72<p>3.3 As 73part of this continuing innovation, you acknowledge and agree that Google may 74stop (permanently or temporarily) providing the Service (or any features within 75the Service) to you or to users generally at Google's sole discretion, without 76prior notice to you. You may stop using the Service at any time. You do not 77need to specifically inform Google when you stop using the Service.</p> 78 79<p>3.4 You 80acknowledge and agree that if Google disables your Backup Service Key, you and the Android 81application(s) you developed ("Application(s)") may be prevented from accessing 82the Service and any content that is stored with the Service.</p> 83 84<p>3.5 You 85acknowledge and agree that Google may set a fixed upper limit on the number of 86backup transmissions you may send or receive through the Service or on the 87amount of storage space used for the provision of the Service at any time, at 88Google's discretion. You agree to 89abide by any such fixed upper limits.</p> 90 91 92 93 94 95<h2>4. Use of the Service by you</h2> 96 97<p>4.1 In 98order to access the Service, you must have a unique application identifier 99("Package Name") for your Application as described in the documentation for the 100Service.</p> 101 102<p>4.2 103After supplying Google with the Package Name and accepting the Terms, you will 104be issued an alphanumeric key ("Backup Service Key") assigned to you by Google that is 105uniquely associated with your Application. Your Application must include this Backup Service Key as 106described in the documentation for the Service.</p> 107 108<p>4.3 109There is currently no limit to the number of Backup Service Keys you may obtain in this 110manner provided that you use a different Package Name for each Backup Service Key you 111obtain. You agree that each Backup Service Key is only valid for Applications with the corresponding 112Package Name. You agree that Google may, in its sole 113discretion, impose a limit on the number of Backup Service Keys that may be obtained in 114the future. You agree that your 115continued use of any of the Backup Service Keys assigned by Google, or distribution of any 116Applications using such Backup Service Keys, constitutes your continued agreement to these 117Terms.</p> 118 119<p>4.4 You 120agree to use the Service only for purposes that are permitted by (a) the Terms 121and (b) any applicable law, regulation, third-party terms of service, or 122generally accepted practices or guidelines in the relevant jurisdictions 123(including any laws regarding the export of data or software to and from the 124United States or other relevant countries).</p> 125 126<p>4.5 You 127agree not to access (or attempt to access) any of the Service by any means 128other than through the interfaces, methods, and APIs that are provided by 129Google, unless you have been specifically allowed to do so in a separate 130agreement with Google.</p> 131 132<p>4.6 You 133agree that you will not engage in any activity that interferes with or disrupts 134the Service (or the servers and networks which are connected to the Service), 135or the servers or networks of any third-party.</p> 136 137<p>4.7 You 138agree that your use of the Service will be in compliance with any documentation 139guidelines provided by Google and that failure to comply with the documentation 140guidelines may result in the disabling of the Backup Service Key(s) for your 141Application(s).</p> 142 143<p>4.8 144Unless you have been specifically permitted to do so in a separate agreement 145with Google, you agree that you will not reproduce, duplicate, copy, sell, 146trade or resell (a) use of the Service, or (b) access to the Service.</p> 147 148<p>4.9 You 149agree that you are solely responsible for (and that Google has no 150responsibility to you or to any third party for) your and your Application's 151use of the Service, any breach of your obligations under the Terms, and for the 152consequences (including any loss or damage which Google may suffer) of any such 153breach.</p> 154 155<p>4.10 You agree that in your use of the Service, you and 156your Applications will protect the privacy and legal rights of users. You must 157provide legally adequate privacy notice and protection for users whose data 158your Applications back up to the Service. Further, your Application may only 159use that information for the limited purpose of backing up the data to the 160Service unless the user has given you permission for further use. If the user has not given you 161permission to back up information to the Service, you may not transmit such 162information to the Service.</p> 163 164<p>4.11 You agree 165that you and your Applications will not transmit or store sensitive user 166information, such as user names, passwords, or credit card numbers, through the 167Service.</p> 168 169 170 171 172 173<h2>5. Security</h2> 174 175<p>5.1 You 176agree and understand that you are responsible for maintaining the security 177associated with any information you provide to access the Service as well as of 178the Backup Service Key(s) assigned to you by Google. You agree that only you are authorized to use 179the Backup Service Key(s) assigned to you.</p> 180 181<p>5.2 182Accordingly, you agree that you will be solely responsible to Google for all 183activities that occur in connection with your access to the Service, as well as 184the Backup Service Key.</p> 185 186<p>5.3 If 187you become aware of any unauthorized use of your Backup Service Key(s) you agree to notify 188Google immediately.</p> 189 190 191 192 193 194<h2>6. Privacy and your personal information</h2> 195 196<p>6.1 For 197information about Google's data protection practices, please read Google's 198privacy policy at <a 199href="http://www.google.com/privacy.html">http://www.google.com/privacy.html</a>. 200This policy explains how Google treats your personal information when you use 201the Service.</p> 202 203<p>6.2 You 204agree to the use of your data in accordance with Google's privacy policies.</p> 205 206 207 208 209 210<h2>7. Content in the Service</h2> 211 212<p>7.1 You 213agree that you are solely responsible for (and that Google has no 214responsibility to you or to any third party for) any Content that you or your 215Applications transmit or store through the Service and for the consequences of 216your actions (including any loss or damage which Google may suffer) by doing 217so. You agree that you are solely 218responsible for (A) any Content that is transmitted through the Service by your 219Applications, and (B) any Content that Devices retrieve from the Service by 220virtue of your Applications. For 221purposes of the Terms, "Content" means information such as data, messages, 222settings information, written text, computer software, music, audio files or 223other sounds, photographs, videos or other images. "Device(s)" means device(s) powered by 224the Android operating system.</p> 225 226<p>7.2 You 227agree that you will not transmit any Content through the Service that is 228copyrighted, protected by trade secret or otherwise subject to third party 229proprietary rights, including patent, privacy and publicity rights, unless you 230are the owner of such rights or have permission from their rightful owner to 231transmit the Content through the Service.</p> 232 233 234 235 236 237<h2>8. Proprietary rights</h2> 238 239<p>8.1 You 240acknowledge and agree that Google (or Google's licensors) own all legal right, 241title and interest in and to the Service, including any intellectual property 242rights which subsist in the Service (whether those rights happen to be 243registered or not, and wherever in the world those rights may exist).</p> 244 245<p>8.2 246Unless you have agreed otherwise in writing with Google, nothing in the Terms 247gives you a right to use any of Google's trade names, trademarks, service 248marks, logos, domain names, and other distinctive brand features.</p> 249 250<p>8.3 If 251you have been given an explicit right to use any of these brand features in a 252separate written agreement with Google, then you agree that your use of such 253features shall be in compliance with that agreement, any applicable provisions 254of the Terms, and Google's brand feature use guidelines as updated from time to 255time. These guidelines can be viewed online at <a 256href="http://www.google.com/permissions/guidelines.html">http://www.google.com/permissions/ 257guidelines.html</a> (or such other URL as Google may 258provide for this purpose from time to time).</p> 259 260<p>8.4 You 261agree that you shall not remove, obscure, or alter any proprietary rights 262notices (including copyright, trade mark notices) which may be affixed to or 263contained within the Service.</p> 264 265 266 267 268 269<h2>9. License from Google</h2> 270 271<p>9.1 272Subject to terms and conditions of these Terms, Google gives you a personal, 273worldwide, royalty-free, non-assignable and non-exclusive license to use the 274Service as provided to you by Google. This license is for the sole purpose of 275enabling you to use and enjoy the benefit of the Service as provided by Google, 276in the manner permitted by the Terms. </p> 277 278<p>9.2 You 279may not (and you may not permit anyone else to) copy, modify, create a 280derivative work of, reverse engineer, decompile or otherwise attempt to extract 281the source code from the Service or any part thereof, unless this is expressly 282permitted or required by law, or unless you have been specifically told that 283you may do so by Google, in writing.</p> 284 285<p>9.3 286Unless Google has given you specific written permission to do so, you may not 287assign (or grant a sub-license of) your rights to use the Service, grant a 288security interest in or over your rights to use the Service, or otherwise 289transfer any part of your rights to use the Service.</p> 290 291 292 293 294 295<h2>10. Your code</h2> 296 297<p>10.1 298Google claims no ownership or control over any source code written by you to be 299used with the Service. You retain copyright and any other rights you already 300hold in this code, and you are responsible for protecting those rights, as 301appropriate.</p> 302 303 304 305 306 307<h2>11. Ending your relationship 308with Google</h2> 309 310<p>11.1 311The Terms will continue to apply until terminated by either you or Google as 312set out below.</p> 313 314<p>11.2 315You may terminate your legal agreement with Google by discontinuing your use of 316the Service at any time.</p> 317 318<p>11.3 319Google may, at any time, terminate its legal agreement with you if:</p> 320 321<p style='margin-left:1.0em;'> (A) you have breached any provision of the Terms (or have 322acted in manner which clearly shows that you do not intend to, or are unable to 323comply with the provisions of the Terms); or</p> 324 325<p style='margin-left:1.0em;'> (B) Google is required to do so by law (for example, where 326the provision of the Service to you is, or becomes, unlawful); or</p> 327 328<p style='margin-left:1.0em;'> (C) Google is 329transitioning to no longer providing the Service; or</p> 330 331<p style='margin-left:1.0em;'> (D) your Application fails to meet the documentation 332guidelines provided by Google.</p> 333 334<p>11.4 335Nothing in this Section shall affect Google's rights regarding provision of the 336Service under Section 3 of the Terms.</p> 337 338<p>11.5 339When these Terms come to an end, all of the legal rights, obligations and 340liabilities that you and Google have benefited from, been subject to (or which 341have accrued over time whilst the Terms have been in force) or which are 342expressed to continue indefinitely, shall be unaffected by this cessation, and 343the provisions of Sections 12, 13 and Paragraph 16 shall continue to apply to 344such rights, obligations and liabilities indefinitely.</p> 345 346 347 348 349 350<h2>12. EXCLUSION OF WARRANTIES</h2> 351 352<p>12.1 353NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT 354GOOGLE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR 355LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF 356CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY 357FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF 358IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE 359LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR 360LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.</p> 361 362<p>12.2 363YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE 364RISK AND THAT THE SERVICE AND CONTENT ARE PROVIDED "AS IS" AND 365"AS AVAILABLE".</p> 366 367<p>12.3 IN 368PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT 369REPRESENT OR WARRANT TO YOU THAT:</p> 370 371<p style='margin-left:1.0em;'>(A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,</p> 372 373<p style='margin-left:1.0em;'>(B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, 374SECURE OR FREE FROM ERROR, AND</p> 375 376<p style='margin-left:1.0em;'>(C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY 377SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.</p> 378 379<p>12.4 NO 380ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR 381THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN 382THE TERMS.</p> 383 384<p>12.5 385GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, 386WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED 387WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE 388AND NON-INFRINGEMENT.</p> 389 390 391 392 393 394<h2>13. LIMITATION OF LIABILITY</h2> 395 396<p>13.1 397SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND 398AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL 399NOT BE LIABLE TO YOU FOR:</p> 400 401<p style='margin-left:1.0em;'> (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL 402OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY 403THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF 404PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR 405BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF 406SUBSTITUTE GOODS OR SERVICE, OR OTHER INTANGIBLE LOSS;</p> 407 408<p style='margin-left:1.0em;'> (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, 409INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:</p> 410 411<p style='margin-left:2em;'> (I) ANY 412CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY 413CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE 414SERVICE);</p> 415 416<p style='margin-left:2em;'> (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, 417ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR 418THROUGH YOUR USE OF THE SERVICE;</p> 419 420<p style='margin-left:2em;'> (III) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT 421INFORMATION; OR</p> 422 423<p style='margin-left:2em;'> (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS 424SECURE AND CONFIDENTIAL.</p> 425 426<p>13.2 427THE LIMITATIONS ON GOOGLE'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL 428APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF 429THE POSSIBILITY OF ANY SUCH LOSSES ARISING.</p> 430 431 432 433 434 435<h2>14. Indemnification</h2> 436 437<p>14.1 You agree to hold 438harmless and indemnify Google, and its subsidiaries, affiliates, officers, 439agents, employees, or licensors from and against any third party claim arising 440from or in any way related to (a) your breach of the Terms, (b) your use of the 441Service, or (c) your violation of applicable laws, rules or regulations in 442connection with the Service, including any liability or expense arising from 443all claims, losses, damages (actual and consequential), suits, judgments, 444litigation costs and attorneys' fees, of every kind and nature. In such a case, 445Google will provide you with written notice of such claim, suit or action.</p> 446 447 448 449 450 451<h2>15. Changes to the Terms</h2> 452 453<p>15.1 454Due to things like changes to the law or changes to 455functionality offered through the Service, Google may need to change these Terms from time to 456time. You should look at the Terms regularly. We'll post 457notice of the modified Terms within, or through, the Service. Once the modified Terms are posted, 458the changes will become effective immediately, and you are deemed to have accepted the modified 459Terms if you continue to use the Service. If you do not agree to the modified 460Terms for the Service, please stop using the Service.</p> 461 462 463 464 465 466<h2>16. General legal terms</h2> 467 468<p>16.1 469The Terms constitute the whole legal agreement between you and Google and 470govern your use of the Service (but excluding any service which Google may 471provide to you under a separate written agreement), and completely replace any 472prior agreements between you and Google in relation to the Service.</p> 473 474<p>16.2 475You agree that Google may provide you with notices, including those regarding 476changes to the Terms, by email, regular mail, or postings on the Service.</p> 477 478<p>16.3 479You agree that if Google does not exercise or enforce any legal right or remedy 480which is contained in the Terms (or which Google has the benefit of under any 481applicable law), this will not be taken to be a formal waiver of Google's 482rights and that those rights or remedies will still be available to Google.</p> 483 484<p>16.4 If 485any court of law, having the jurisdiction to decide on this matter, rules that 486any provision of these Terms is invalid, then that provision will be removed 487from the Terms without affecting the rest of the Terms. The remaining 488provisions of the Terms will continue to be valid and enforceable.</p> 489 490<p>16.5 491You acknowledge and agree that each member of the group of companies of which 492Google is the parent shall be third party beneficiaries to the Terms and that 493such other companies shall be entitled to directly enforce, and rely upon, any 494provision of the Terms which confers a benefit on (or rights in favor of) them. 495Other than this, no other person or company shall be third party beneficiaries 496to the Terms.</p> 497 498<p>16.6 499The Terms, and your relationship with Google under the Terms, shall be governed 500by the laws of the State of California without regard to its conflict of laws 501provisions. You and Google agree to submit to the exclusive jurisdiction of the 502courts located within the county of Santa Clara, California to resolve any 503legal matter arising from the Terms. Notwithstanding this, you agree that 504Google shall still be allowed to apply for injunctive remedies (or an 505equivalent type of urgent legal relief) in any jurisdiction.</p> 506 507