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diff --git a/WebContent/licenses/google-app-engine-terms-of-service.txt b/WebContent/licenses/google-app-engine-terms-of-service.txt deleted file mode 100644 index daaa8c2189..0000000000 --- a/WebContent/licenses/google-app-engine-terms-of-service.txt +++ /dev/null @@ -1,613 +0,0 @@ -Google App Engine Terms of Service -Your Agreement with Google - -This License Agreement for Google App Engine (the "Agreement") is made and -entered into by and between Google Inc., a Delaware corporation, with offices at -1600 Amphitheatre Parkway, Mountain View 94043 ("Google") and the business -entity agreeing to these terms ("Customer"). This Agreement is effective as of -the date Customer clicks the "I Accept" button below (the "Effective Date"). If -you are accepting on behalf of Customer, you represent and warrant that: (i) if -you have full legal authority to bind Customer to this Agreement; (ii) you have -read and understand this Agreement; and (iii) you agree, on behalf of Customer, -to this Agreement. If you do not have the legal authority to bind Customer, -please do not click the "I Accept" button below. This Agreement governs -Customer's access to and use of the Service. -1. Licenses. - -1.1 From Google to Customer. Subject to this Agreement, Google grants to -Customer a worldwide, non-sublicensable, non-transferable, non-exclusive, -terminable, limited license to (a) use the Service, (b) integrate the Service -into any Application and provide the Service, solely as integrated into the -Application, to users of the Application and (c) use any Software provided by -Google as part of the Service. - -1.2 From Customer to Google. By submitting, posting, generating or displaying -any Application and/or Customer Data on or through the Service, Customer gives -Google a worldwide, non-sublicensable, non-transferable, non-exclusive, -terminable, limited license to reproduce, adapt, modify, translate, publish, -publicly perform, publicly display and distribute any Application and/or -including Customer Data for the sole purpose of enabling Google to provide -Customer with the Service in accordance with the Agreement. -Provision of the Service. - -2.1 Console. Google will provide the Service to Customer. As part of receiving -the Service, Customer will have access to the Admin Console, through which -Customer may administer the Service. - -2.2 Facilities and Data Transfer. All facilities used to store and process an -Application and Customer Data will adhere to reasonable security standards no -less protective than the security standards at facilities where Google processes -and stores its own information of a similar type. Google has implemented at -least industry standard systems and procedures to ensure the security and -confidentiality of an Application and Customer Data, protect against anticipated -threats or hazards to the security or integrity of an Application and Customer -Data, and protect against unauthorized access to or use of an Application and -Customer Content. Google may process and store an Application and Customer Data -in the United States or any other country in which Google or its agents maintain -facilities. By using the Service, Customer consents to this processing and -storage of an Application and Customer Data. The parties agree that Google is -merely a data processor. - -2.3 Data Storage Selection. - - Data Storage. Customer may select via the Service whether the Core App -Engine End User Data will be stored permanently, at rest, in either the United -States or the European Union, and Google will store it accordingly ("App Engine -Data Location Setting"). If no selection is made, Core App Engine End User Data -will be stored permanently, at rest, in the United States. - Transient Storage. Core App Engine End User Data may be stored transiently -or cached in any country in which Google or its agents maintain facilities -before reaching permanent storage. - Limitations. No App Engine Data Location Setting will apply to Core App -Engine End User Data copied in another location or used with other Google -products and services (including any other Google Cloud Platform services). If -so, the Core App Engine End User Data will be processed and stored pursuant to -Section 2.2 of this Agreement. - -2.4 Accounts. Customer must have an Account to use the Service, and is -responsible for the information it provides to create the Account, the security -of its passwords for the Account, and for any use of its Account. If Customer -becomes aware of any unauthorized use of its password or its Account, Customer -will notify Google as promptly as possible. - -2.5 Privacy Policies. The Service is subject to Google's Privacy Policy. Changes -to the Privacy Policy will be made as stated in the applicable policy. In -addition, Google is enrolled in the U.S. Department of Commerce Safe Harbor -Program and will remain enrolled in this program or another replacement program -(or will adopt a compliance solution which achieves compliance with the terms of -Article 25 of Directive 95/46/EC) throughout the Term of the Agreement. - -2.6 New Applications. Google may make new applications, tools, features or -functionality available from time to time through the Service, the use of which -may be contingent upon Customer's agreement to additional terms. - -2.7 Modifications. - - To the Service. Subject to Section 9.4 (Termination for Convenience), Google -may make commercially reasonable Updates to the Service from time to time. If -Google makes a material change to the Service, Google will inform Customer, -provided that Customer has subscribed with Google to be informed about such -change. - To the Agreement. Google may make changes to this Agreement, including -pricing from time to time. Unless otherwise noted by Google, material changes to -the Agreement will become effective 90 days after they are posted, except if the -changes apply to new functionality in which case they will be effective -immediately. If Customer does not agree to the revised Agreement, please stop -using the Service. Google will post any modification to this Agreement to the -Terms URL. - -3. Payment Terms. - -3.1 Free Quota. The Service is provided to Customer without charge up to the Fee -Threshold. - -3.2 Online Billing. Google will issue an electronic bill to Customer for all -charges accrued above the Fee Threshold. Fees are solely based on Google's -measurements of Customer's use of the Service, may include monthly fees, and -Google's determination is final. For use above the Fee Threshold, Customer shall -be responsible for all Fees up to the amount set in the Account and shall pay -all Fees in U.S. Dollars or in such other currency as agreed to in writing by -the parties. Customer shall pay all Fees in accordance with the payment terms in -the Service FAQ. - -3.3 Delinquent Payments. Late payments may bear interest at the rate of 1.5% per -month (or the highest rate permitted by law, if less). Google reserves the right -to suspend your Account for any late payments. - -3.4 Taxes. Customer is responsible for any Taxes, and Customer will pay Google -for the Services without any reduction for Taxes. If Google is obligated to -collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer -provides Google with a timely and valid tax exemption certificate authorized by -the appropriate taxing authority. In some states the sales tax is due on the -total purchase price at the time of sale and must be invoiced and collected at -the time of the sale. If Customer is required by law to withhold any Taxes from -its payments to Google, Customer must provide Google with an official tax -receipt or other appropriate documentation to support such withholding payments. - -3.5 Invoice Disputes & Refunds. To the fullest extent permitted by law, Customer -waives all claims relating to Fees unless claimed within sixty days after -charged (this does not affect any Customer rights with its credit card issuer). -Refunds (if any) are at the discretion of Google and will only be in the form of -credit for the Service. Nothing in this Agreement obligates Google to extend -credit to any party. -4. Customer Obligations. - -4.1 Compliance. Customer is solely responsible for its Applications and Customer -Data, and for making sure its Applications or Customer Data comply with the -Acceptable Use Policy. Google reserves the right to review the Application or -Customer Data to ensure Customer's compliance with the Acceptable Use Policy. -Customer is responsible for ensuring all End Users comply with Customer's -obligations under the Agreement. - -4.2 Privacy. Customer will protect the privacy and legal rights of its End Users -under all applicable laws and regulations, which includes a legally adequate -privacy notice communicated from Customer. Customer may have the ability to -access, monitor, use, or disclose Customer Data submitted by End Users through -the Service. Customer will obtain and maintain any required consents from End -Users to allow Customer's access, monitoring, use and disclosure of Customer -Data. Further, Customer will notify its End Users that any Customer Data -provided as part of the Service will be made available to a third party as part -of Google providing the Service. - -4.3 Restrictions. Customer will not, and will not allow third parties under its -control to: (a) copy, modify, create a derivative work of, reverse engineer, -decompile, translate, disassemble, or otherwise attempt to extract the source -code of the Service or any component thereof (subject to Section 4.4 below); (b) -use the Service for High Risk Activities; (c) sublicense, resell, or distribute -the Service or any component thereof separate from any integrated Application; -(d) use the Service to create, train, or improve (directly or indirectly) a -substantially similar product or service, including any other machine -translation engine; (e) create multiple Applications or Accounts to simulate or -act as a single Application or Account (respectively) or otherwise access the -Service in a manner intended to avoid incurring Fees; (f) use the Service to -operate or enable any telecommunications service or in connection with any -Application that allows End Users to place calls to or to receive calls from any -public -switched telephone network; or (g) process or store any Customer Data that is -subject to the International Traffic in Arms Regulations maintained by the -Department of State. Customer acknowledges that the Service is not HIPAA -compliant and Customer is solely responsible for any applicable compliance with -HIPAA. - -4.4 Open Source Components. Open source software licenses for components of the -Service released under an open source license constitute separate written -agreements. Open source software is listed in the Documentation. To the limited -extent the open source software licenses expressly supersede this Agreement, the -open source license instead governs Customer's agreement with Google for the -specific included open source components of the Service, or use of the Service -(as may be applicable). - -4.5 Documentation. Google may provide Documentation for Customer's use of the -Service. The Documentation may specify restrictions (e.g. attribution of HTML -restrictions) on how the Applications may be built or the Service may be used -and Customer agrees to comply with any such restrictions specified. - -4.6 DMCA Policy. Google provides information to help copyright holders manage -their intellectual property online, but Google cannot determine whether -something is being used legally or not without their input. Google responds to -notices of alleged copyright infringement and terminates accounts of repeat -infringers according to the process set out in the U.S. Digital Millennium -Copyright Act. If Customer thinks somebody is violating Customer's or its End -Users' copyrights and wants to notify Google, Customer can find information -about submitting notices, and Google's policy about responding to notices at -http://www.google.com/dmca.html. - -4.7 Application and No Multiple Accounts, Bills. Any Application must have -material value independent from the Services. Google has no obligation to -provide multiple bills or Accounts to Customer under the Agreement. -5. Suspension and Removals. - -5.1 Suspension/Removals. If Customer becomes aware that any Application or an -End User's use of an Application, or Customer Data violates the Acceptable Use -Policy, Customer will immediately suspend the Application, remove the applicable -Customer Data, or suspend access to an End User (as may be applicable). If -Customer fails to suspend or remove as noted in the prior sentence, Google may -specifically request that Customer do so. If Customer fails to comply with -Google's request to do so within twenty-four hours, then Google may suspend -Google accounts of the applicable End Users, disable the Application, and/or -disable the Account (as may be applicable) until such violation is corrected. - -5.2 Emergency Security Issues. Despite the foregoing, if there is an Emergency -Security Issue, then Google may automatically suspend the offending End User -account, Application or the Account. Suspension will be to the minimum extent -required, and of the minimum duration, to prevent or terminate the Emergency -Security Issue. If Google suspends an End User account or the Application or -Account, for any reason, without prior notice to Customer, at Customer's -request, Google will provide Customer the reason for the suspension as soon as -is reasonably possible. -6. Intellectual Property Rights; Brand Features. - -6.1 Intellectual Property Rights. Except as expressly set forth herein, this -Agreement does not grant either party any rights, implied or otherwise, to the -other's content or any of the other's intellectual property. As between the -parties, Customer owns all Intellectual Property Rights in any Application and -Customer Content, and Google owns all Intellectual Property Rights in the -Service. - -6.2 Brand Features Limitation. If Customer wants to display Google Brand -Features in connection with its use of the Service, Customer must obtain written -permission from Google through process specified in the Trademark Guidelines. -For the sole purpose of providing the Service, Customer permits Google to -display any Brand Features that may appear in its Application. Any use of a -party's Brand Features will inure to the benefit of the party holding -Intellectual Property Rights to those Brand Features. A party may revoke the -other party's right to use its Brand Features pursuant to this Agreement with -written notice to the other and a reasonable period to stop the use. -7. Technical Support Service - -7.1 By Customer. Customer is responsible for technical support of its -Application. - -7.2 Deprecation Policy. - -Google will announce if we intend to discontinue or make backwards incompatible -changes to this API or Service. We will use commercially reasonable efforts to -continue to operate that Service without these changes until the later of: (i) -one year after the announcement or (ii) April 20, 2015, unless (as Google -determines in its reasonable good faith judgment): - - required by law or third party relationship (including if there is a change -in applicable law or relationship), or - doing so could create a security risk or substantial economic or material -technical burden. - -This Deprecation Policy doesn't apply to versions, features, and functionality -labeled as "experimental." -8. Confidential Information. - -8.1 Obligations. The recipient of the other party's Confidential Information -will not disclose the Confidential Information, except to Affiliates, employees, -agents, or professional advisors who need to know it and who have agreed in -writing (or in the case of professional advisors are otherwise bound) to keep it -confidential. The recipient will ensure that those people and entities use the -Confidential Information only to exercise rights and fulfill obligations under -this Agreement, while using reasonable care to keep it confidential. The -recipient may also disclose Confidential Information when required by law after -giving reasonable notice to the discloser if allowed by law. The recipient may -also disclose Confidential Information to the extent required by applicable -Legal Process; provided that the recipient uses commercially reasonable efforts -to: (i) promptly notify the other party of such disclosure before disclosing; -and (ii) comply with the other party's reasonable requests regarding its efforts -to -oppose the disclosure. Notwithstanding the foregoing, subsections (i) and (ii) -above will not apply if the recipient determines that complying with (i) and -(ii) could: (a) result in a violation of Legal Process; (b) obstruct a -governmental investigation; and/or (c) lead to death or serious physical harm to -an individual. As between the parties, Customer is responsible for responding to -all third party requests concerning its use and its End Users' use of the -Services. -9. Term and Termination. - -9.1 Agreement Term. The license granted in this Agreement will remain in effect, -unless terminated earlier as set forth in this Agreement. - -9.2 Termination for Breach. Either party may terminate this Agreement for breach -if: (i) the other party is in material breach of the Agreement and fails to cure -that breach within thirty days after receipt of written notice; (ii) the other -party ceases its business operations or becomes subject to insolvency -proceedings and the proceedings are not dismissed within ninety days; or (iii) -the other party is in material breach of this Agreement more than two times -notwithstanding any cure of such breaches. - -9.3 Termination for Inactivity. Google reserves the right to terminate the -Service for inactivity, if, for a period exceeding ninety days, Customer (a) has -failed to access the Admin Console, (b) an Application has not served any -requests, and (c) no electronic bills are being generated. - -9.4 Termination for Convenience. Customer may stop using the Service at any -time. Customer may terminate this Agreement for convenience at any time on prior -written notice and upon termination, must cease use of the Service. Google may -terminate this Agreement for its convenience at any time without liability to -Customer. Subject to Section 7.2, Google may discontinue the Service or any -portion or feature for any reason at any time without liability to Customer. - -9.5 Effects of Termination. If the Agreement expires or is terminated, then: (i) -the rights granted by one party to the other will immediately cease; (ii) all -Fees (including Taxes) owed by Customer to Google are immediately due upon -receipt of the final electronic bill; (iii) Customer will delete the Software, -any Application and any Customer Data; and (iv) upon request, each party will -use commercially reasonable efforts to return or destroy all Confidential -Information of the other party. -10. Publicity. - -Customer is permitted to state publicly that it is a customer of the Service, -consistent with the Trademark Guidelines. Customer agrees that Google may -include Customer's name or Brand Features in a list of Google customers, online -or promotional materials. Customer also agrees that Google may verbally -reference Customer as a customer of the Google products or services that are the -subject of this Agreement. This section is subject to the "Brand Features -Limitation" section of the Agreement. For clarification, neither party needs to -seek approval from the other if the party is repeating a public statement that -is substantially similar to a public statement that has been previously -approved. -11. Representations. - -Each party represents that: (a) it has full power and authority to enter into -the Agreement; and (b) it will comply with all laws and regulations applicable -to its provision, or use, of the Service, as applicable. Google warrants it will -provide the Service in accordance with the applicable SLA. -12. Disclaimer. - -EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY -APPLICABLE LAW, GOOGLE DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER -EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION -WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. -GOOGLE IS NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY -CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE -SERVICE. CUSTOMER IS SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ITS -APPLICATION AND CUSTOMER CONTENT. GOOGLE DOES NOT WARRANT THAT THE OPERATION OF -THE SOFTWARE OR THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. NEITHER THE -SOFTWARE NOR THE SERVICE ARE DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK -ACTIVITIES. -13. Limitation of Liability. - -13.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTEND PERMITTED BY -APPLICABLE LAW, NEITHER PARTY, NOR GOOGLE'S SUPPLIERS, WILL BE LIABLE UNDER THIS -AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, -EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT -SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. - -13.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY -APPLICABLE LAW, NEITHER PARTY, NOR GOOGLE'S SUPPLIER'S, MAY BE HELD LIABLE UNDER -THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE DURING THE -TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. - -13.3 Exceptions to Limitations. These limitations of liability do not apply to -breaches of confidentiality obligations, violations of a party's Intellectual -Property Rights by the other party, or indemnification obligations. -14. Indemnification. - -14.1 By Customer. Customer will indemnify, defend, and hold harmless Google from -and against all liabilities, damages, and costs (including settlement costs and -reasonable attorneys' fees) arising out of a third party claim: (i) regarding -any Application or Customer Content; (ii) that Customer Brand Features infringe -or misappropriate any patent, copyright, trade secret or trademark of a third -party; or (iii) regarding Customer's, or its End Users', use of the Service in -violation of the Acceptable Use Policy. - -14.2 By Google. Google will indemnify, defend, and hold harmless Customer from -and against all liabilities, damages, and costs (including settlement costs and -reasonable attorneys' fees) arising out of a third party claim that Google's -technology used to provide the Service (excluding any open source software) or -any Google Brand Feature infringes or misappropriates any patent, copyright, -trade secret or trademark of such third party. Notwithstanding the foregoing, in -no event shall Google have any obligations or liability under this Section -arising from: (i) use of any Service or Google Brand Features in a modified form -or in combination with materials not furnished by Google, and (ii) any Customer -Content. - -14.3 Possible Infringement. - - Repair, Replace, or Modify. If Google reasonably believes the Service -infringes a third party's Intellectual Property Rights, then Google will: (a) -obtain the right for Customer, at Google's expense, to continue using the -Service; (b) provide a non-infringing functionally equivalent replacement; or -(c) modify the Service so that it no longer infringes. - Suspension or Termination. If Google does not believe the foregoing options -are commercially reasonable, then Google may suspend or terminate Customer's use -of the impacted Service. - -14.4 General. As a condition to indemnification for a claim, the party seeking -indemnification must promptly notify the other party of the claim in writing and -cooperate with the other party in defending the claim. The indemnifying party -has full control and authority over the defense, except that: (a) any settlement -requiring the party seeking indemnification to admit liability or to pay any -money will require that party's prior written consent, such consent not to be -unreasonably withheld or delayed; and (b) the other party may join in the -defense with its own counsel at its own expense. Notwithstanding the foregoing, -if the indemnified party settles without the prior written consent of the -indemnifying party, the indemnifying party has no obligation of contribution. -THE INDEMNITIES ABOVE ARE THE ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION OF -A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. -15. Government Purposes (applicable to United States government customers only). - -The Service was developed solely at private expense and is commercial computer -software and related documentation within the meaning of the applicable civilian -and military Federal acquisition regulations and any supplements thereto. If the -user of the Service is an agency, department, employee, or other entity of the -United States Government, under FAR 12.212 and DFARS 227.7202, the use, -duplication, reproduction, release, modification, disclosure, or transfer of the -Service, including technical data or manuals, is governed by the terms and -conditions contained in this Agreement, which is Google's standard commercial -license agreement. -16. Miscellaneous. - -16.1 Notices. All notices must be in writing and addressed to the other party's -legal department and primary point of contact. The email address for notices -being sent to Google's Legal Department is legal-notices@google.com. Notice will -be treated as given: (a) on receipt as verified by written automated receipt or -by electronic log (as applicable). - -16.2 Assignment. Neither party may assign any part of this Agreement without the -written consent of the other, except to an Affiliate where: (a) the assignee has -agreed in writing to be bound by the terms of this Agreement; (b) the assigning -party remains liable for obligations under the Agreement if the assignee -defaults on them; and (c) the assigning party has notified the other party of -the assignment. Any other attempt to assign is void. - -16.3 Change of Control. If a party experiences a change of Control (for example, -through a stock purchase or sale, merger, or other form of corporate -transaction): (a) that party will give written notice to the other party within -thirty days after the change of Control; and (b) the other party may immediately -terminate this Agreement any time between the change of Control and thirty days -after it receives that written notice. - -16.4 Force Majeure. Neither party will be liable for failure or delay in -performance to the extent caused by circumstances beyond its reasonable control. - -16.5 No Agency. This Agreement does not create any agency, partnership or joint -venture between the parties. - -16.6 No Waiver. Neither party will be treated as having waived any rights by not -exercising (or delaying the exercise of) any rights under this Agreement. - -16.7 Severability. If any term (or part of a term) of this Agreement is invalid, -illegal or unenforceable, the rest of the Agreement will remain in effect. - -16.8 No Third-Party Beneficiaries. This Agreement does not confer any benefits -on any third party unless it expressly states that it does. - -16.9 Equitable Relief. Nothing in this Agreement will limit either party's -ability to seek equitable relief. - -16.10 Governing Law. - - For City, County, and State Government Entities. If Customer is a city, -county or state government entity, then the parties agree to remain silent -regarding governing law and venue. - For Federal Government Entities. If Customer is a federal government entity -then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS -AGREEMENT OR THE SERVICE WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF -AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY -FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA'S -CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND -(II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, -THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE -COURTS IN SANTA CLARA COUNTY, CALIFORNIA. - For All Other Entities. If Customer is any entity not set forth in Section -16.10(a) or (b) then the following applies: ALL CLAIMS ARISING OUT OF OR -RELATING TO THIS AGREEMENT OR THE SERVICE WILL BE GOVERNED BY CALIFORNIA LAW, -EXCLUDING THAT STATE'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY -IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA;THE -PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS. - -16.11 Amendments. Any amendment must be in writing, signed by both parties, and -expressly state that it is amending this Agreement. - -16.12 Survival. The following Sections will survive expiration or termination of -this Agreement: 6.1 (Intellectual Property Rights), 8 (Confidential -Information), 9.5 (Effects of Termination), 13 (Limitation of Liability), 14 -(Indemnification) and 16 (Miscellaneous). - -16.13 Entire Agreement. This Agreement supersedes all other agreements between -the parties relating to its subject matter. In entering into this Agreement, -neither party has relied on, and neither party will have any right remedy based -on, any statement, representation or warranty (whether made negligently or -innocently), except those expressly set out in this Agreement. The terms located -at a URL referenced in this Agreement and the Documentation are hereby -incorporated by this reference. After the Effective Date, Google may provide -Customer with an updated URL in place of any URL in this Agreement. - -16.14 Interpretation of Conflicting Terms. If there is a conflict among the -documents that make up this Agreement, the documents will control in the -following order: the Agreement, and the terms located at any URL. - -16.15 Counterparts. The parties may execute this Agreement in counterparts, -including facsimile, PDF and other electronic copies, which taken together will -constitute one instrument. - -16.16 Definitions. - - "Acceptable Use Policy" means the acceptable use policy set forth here: -http://developers.google.com/cloud/terms/aup. - "Account" means Customer's Google account (either gmail.com address or an -Email address provided under the - "Google Apps" product line); subject to those terms of service, as may be -applicable. - "Admin Console" means the online tool provided by Google to Customer for -administering the Service. - "Affiliate" means any entity that directly or indirectly controls, is -controlled by, or is under common control with a party. - "Application(s)" means any web application Customer creates using the -Service, including any source code written by Customer to be used with the -Service. - "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. - "Confidential Information" means information that one party (or an -Affiliate) discloses to the other party under this Agreement, and which is -marked as confidential or would normally under the circumstances be considered -confidential information. It does not include information that the recipient -already rightfully knew, that becomes public through no fault of the recipient, -that was independently developed by the recipient, or that was lawfully given to -the recipient by a third party. Customer Data is considered Customer's -Confidential Information. - "Control" means control of greater than fifty percent of the voting rights -or equity interests of a party. - "Core App Engine End User Data" means content provided through the use of an -Application running on Google App Engine, by those End Users who are not acting -as Developer End Users (and information related to those End Users stored by the -Application), but excluding authentication information for those End Users' -Google accounts. - "Customer Data" means content provided, transmitted or displayed via the -Service by Customer, or its End Users; but excluding any data provided as part -of the Account. - "Documentation" means the Google documentation in the form generally made -available by Google to its customers for use with the Service, as may be found -here: https://developers.google.com/appengine/docs or such other URL as Google -may provide. - "Emergency Security Issue" means either: (a) Customer's or its End User's -use of the Service in violation of the Acceptable Use Policy, which could -disrupt: (i) the Service; (ii) other Customers' or its End Users' use of the -Service; or (iii) the Google network or servers used to provide the Service; or -(b) unauthorized third party access to the Service. - "End Users" means the individuals Customer permits to use the Application. - "Export Control Laws" means all applicable export and re-export control laws -and regulations, including the Export Administration Regulations ("EAR") -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 ("ITAR") maintained by the -Department of State. - "Fee Threshold" means the threshold (as may be updated from time to time), -which is more fully described here: -https://developers.google.com/appengine/docs/quotas. - "Fees" means the applicable fees for the Service and any applicable Taxes as -set forth here: https://developers.google.com/appengine/docs/billing. - "High Risk Activities" means uses such as the operation of nuclear -facilities, air traffic control, or life support systems, where the use or -failure of the Service could lead to death, personal injury, or environmental -damage. - "HIPAA" means the Health Insurance Portability and Accountability Act of -1996 as it may be amended from time to time, and any regulations issued -thereunder. - "Intellectual Property Rights" means current and future worldwide rights -under patent law, copyright law, trade secret law, trademark law, moral rights -law, and other similar rights. - "Legal Process" means a request for disclosure of data made pursuant to law, -governmental regulation, court order, subpoena, warrant, governmental regulatory -or agency request, or other valid legal authority, legal procedure, or similar -process. - "Privacy Policy" means Google's privacy policy located at: -https://www.google.com/privacypolicy.html or such other URL as Google may -provide. - "Protected Health Information" means the definition on 45 CFR 160.103, -limited to the information created or received by a business associate from on -or behalf of a covered entity. - "Service" means the Google App Engine Service as more fully described here: -https://developers.google.com/appengine/ or such other URL as Google may -provide. The APIs provided under the Service are listed here: -https://developers.google.com/appengine/appengine_services or such other URL as -Google may provide. - "Service FAQ" means those FAQs more fully described here: -https://developers.google.com/appengine/kb or such other URL as Google may -provide. - “Service Level Agreement” or “SLA” means the service level agreement then in -effect for the Service available at the following URL: -https://developers.google.com/appengine/sla or such other URL as Google may -provide. - "Software" means any downloadable tools, software development kits or other -such proprietary computer software provided by Google in connection with the -Service, which may be downloaded by Customer, and any updates Google may make to -such Software from time to time. - "Taxes" means any duties, customs fees, or taxes (other than Google's income -tax) associated with the purchase of the Service, including any related -penalties or interest. - "Terms URL" means the following URL: -https://developers.google.com/appengine/terms or such other URL as Google may -provide. - "Third Party Request" means a request from a third party for records -relating to an End User's use of the Services. Third Party Requests can be a -lawful search warrant, court order, subpoena, other valid legal order, or -written consent from the End User permitting the disclosure. - "Trademark Guidelines" means Google's Guidelines for Third Party Use of -Google Brand Features, located at the following URL: -http://www.google.com/permissions/guidelines.html or such other URL as Google -may provide. - "Updates" means the periodic software updates provided by Google to Customer -from time to time. Updates are designed to improve, enhance and further develop -the Service and may take the form of bug fixes, enhanced functions, new software -modules and completely new versions. - "Updates" means the periodic software updates provided by Google to Customer -from time to time. Updates are designed to improve, enhance and further develop -the Service and may take the form of bug fixes, enhanced functions, new software -modules and completely new versions. |