path: root/licenses/google-talkplugin

# http://www.google.com/chat/video -> http://www.google.com/talk/terms.html -> Licence
# file generated using the following command (open the link in browser for up-to-date version with html links)
# lynx -dump http://www.google.com/accounts/TOS?hl=en

Google Terms of Service

   Welcome to Google!

   1. Your relationship with Google

     1.1 Your use of Google’s products, software, services and web sites
     (referred to collectively as the “Services” in this document and
     excluding any services provided to you by Google under a separate
     written agreement) is subject to the terms of a legal agreement
     between you and Google. “Google” means Google Inc., whose principal
     place of business is at 1600 Amphitheatre Parkway, Mountain View, CA
     94043, United States. This document explains how the agreement is
     made up, and sets out some of the terms of that agreement.

     1.2 Unless otherwise agreed in writing with Google, your agreement
     with Google will always include, at a minimum, the terms and
     conditions set out in this document. These are referred to below as
     the “Universal Terms”.

     1.3 Your agreement with Google will also include the terms of any
     Legal Notices applicable to the Services, in addition to the
     Universal Terms. All of these are referred to below as the
     “Additional Terms”. Where Additional Terms apply to a Service, these
     will be accessible for you to read either within, or through your
     use of, that Service.

     1.4 The Universal Terms, together with the Additional Terms, form a
     legally binding agreement between you and Google in relation to your
     use of the Services. It is important that you take the time to read
     them carefully. Collectively, this legal agreement is referred to
     below as the “Terms”.

     1.5 If there is any contradiction between what the Additional Terms
     say and what the Universal Terms say, then the Additional Terms
     shall take precedence in relation to that Service.

   2. Accepting the Terms

     2.1 In order to use the Services, you must first agree to the Terms.
     You may not use the Services if you do not accept the Terms.

     2.2 You can accept the Terms by:

     (A) clicking to accept or agree to the Terms, where this option is
     made available to you by Google in the user interface for any
     Service; or

     (B) by actually using the Services. In this case, you understand and
     agree that Google will treat your use of the Services as acceptance
     of the Terms from that point onwards.

     2.3 You may not use the Services and may not accept the Terms if (a)
     you are not of legal age to form a binding contract with Google, or
     (b) you are a person barred from receiving the Services under the
     laws of the United States or other countries including the country
     in which you are resident or from which you use the Services.

     2.4 Before you continue, you should print off or save a local copy
     of the Universal Terms for your records.

   3. Language of the Terms

     3.1 Where Google has provided you with a translation of the English
     language version of the Terms, then you agree that the translation
     is provided for your convenience only and that the English language
     versions of the Terms will govern your relationship with Google.

     3.2 If there is any contradiction between what the English language
     version of the Terms says and what a translation says, then the
     English language version shall take precedence.

   4. Provision of the Services by Google

     4.1 Google has subsidiaries and affiliated legal entities around the
     world (“Subsidiaries and Affiliates”). Sometimes, these companies
     will be providing the Services to you on behalf of Google itself.
     You acknowledge and agree that Subsidiaries and Affiliates will be
     entitled to provide the Services to you.

     4.2 Google is constantly innovating in order to provide the best
     possible experience for its users. You acknowledge and agree that
     the form and nature of the Services which Google provides may change
     from time to time without prior notice to you.

     4.3 As part of this continuing innovation, you acknowledge and agree
     that Google may stop (permanently or temporarily) providing the
     Services (or any features within the Services) to you or to users
     generally at Google’s sole discretion, without prior notice to you.
     You may stop using the Services at any time. You do not need to
     specifically inform Google when you stop using the Services.

     4.4 You acknowledge and agree that if Google disables access to your
     account, you may be prevented from accessing the Services, your
     account details or any files or other content which is contained in
     your account.

     4.5 You acknowledge and agree that while Google may not currently
     have set a fixed upper limit on the number of transmissions you may
     send or receive through the Services or on the amount of storage
     space used for the provision of any Service, such fixed upper limits
     may be set by Google at any time, at Google’s discretion.

   5. Use of the Services by you

     5.1 In order to access certain Services, you may be required to
     provide information about yourself (such as identification or
     contact details) as part of the registration process for the
     Service, or as part of your continued use of the Services. You agree
     that any registration information you give to Google will always be
     accurate, correct and up to date.

     5.2 You agree to use the Services only for purposes that are
     permitted by (a) the Terms and (b) any applicable law, regulation or
     generally accepted practices or guidelines in the relevant
     jurisdictions (including any laws regarding the export of data or
     software to and from the United States or other relevant countries).

     5.3 You agree not to access (or attempt to access) any of the
     Services by any means other than through the interface that is
     provided by Google, unless you have been specifically allowed to do
     so in a separate agreement with Google. You specifically agree not
     to access (or attempt to access) any of the Services through any
     automated means (including use of scripts or web crawlers) and shall
     ensure that you comply with the instructions set out in any
     robots.txt file present on the Services.

     5.4 You agree that you will not engage in any activity that
     interferes with or disrupts the Services (or the servers and
     networks which are connected to the Services).

     5.5 Unless you have been specifically permitted to do so in a
     separate agreement with Google, you agree that you will not
     reproduce, duplicate, copy, sell, trade or resell the Services for
     any purpose.

     5.6 You agree that you are solely responsible for (and that Google
     has no responsibility to you or to any third party for) any breach
     of your obligations under the Terms and for the consequences
     (including any loss or damage which Google may suffer) of any such
     breach.

   6. Your passwords and account security

     6.1 You agree and understand that you are responsible for
     maintaining the confidentiality of passwords associated with any
     account you use to access the Services.

     6.2 Accordingly, you agree that you will be solely responsible to
     Google for all activities that occur under your account.

     6.3 If you become aware of any unauthorized use of your password or
     of your account, you agree to notify Google immediately at
     [17]http://www.google.com/support/accounts/bin/answer.py?answer=5858
     5.

   7. Privacy and your personal information

     7.1 For information about Google’s data protection practices, please
     read Google’s privacy policy at
     [18]http://www.google.com/privacy.html. This policy explains how
     Google treats your personal information, and protects your privacy,
     when you use the Services.

     7.2 You agree to the use of your data in accordance with Google’s
     privacy policies.

   8. Content in the Services

     8.1 You understand that all information (such as data files, written
     text, computer software, music, audio files or other sounds,
     photographs, videos or other images) which you may have access to as
     part of, or through your use of, the Services are the sole
     responsibility of the person from which such content originated. All
     such information is referred to below as the “Content”.

     8.2 You should be aware that Content presented to you as part of the
     Services, including but not limited to advertisements in the
     Services and sponsored Content within the Services may be protected
     by intellectual property rights which are owned by the sponsors or
     advertisers who provide that Content to Google (or by other persons
     or companies on their behalf). You may not modify, rent, lease,
     loan, sell, distribute or create derivative works based on this
     Content (either in whole or in part) unless you have been
     specifically told that you may do so by Google or by the owners of
     that Content, in a separate agreement.

     8.3 Google reserves the right (but shall have no obligation) to
     pre-screen, review, flag, filter, modify, refuse or remove any or
     all Content from any Service. For some of the Services, Google may
     provide tools to filter out explicit sexual content. These tools
     include the SafeSearch preference settings (see
     [19]http://www.google.com/help/customize.html#safe). In addition,
     there are commercially available services and software to limit
     access to material that you may find objectionable.

     8.4 You understand that by using the Services you may be exposed to
     Content that you may find offensive, indecent or objectionable and
     that, in this respect, you use the Services at your own risk.

     8.5 You agree that you are solely responsible for (and that Google
     has no responsibility to you or to any third party for) any Content
     that you create, transmit or display while using the Services and
     for the consequences of your actions (including any loss or damage
     which Google may suffer) by doing so.

   9. Proprietary rights

     9.1 You acknowledge and agree that Google (or Google’s licensors)
     own all legal right, title and interest in and to the Services,
     including any intellectual property rights which subsist in the
     Services (whether those rights happen to be registered or not, and
     wherever in the world those rights may exist). You further
     acknowledge that the Services may contain information which is
     designated confidential by Google and that you shall not disclose
     such information without Google’s prior written consent.

     9.2 Unless you have agreed otherwise in writing with Google, nothing
     in the Terms gives you a right to use any of Google’s trade names,
     trade marks, service marks, logos, domain names, and other
     distinctive brand features.

     9.3 If you have been given an explicit right to use any of these
     brand features in a separate written agreement with Google, then you
     agree that your use of such features shall be in compliance with
     that agreement, any applicable provisions of the Terms, and Google's
     brand feature use guidelines as updated from time to time. These
     guidelines can be viewed online at
     [20]http://www.google.com/permissions/guidelines.html (or such other
     URL as Google may provide for this purpose from time to time).

     9.4 Other than the limited license set forth in Section 11, Google
     acknowledges and agrees that it obtains no right, title or interest
     from you (or your licensors) under these Terms in or to any Content
     that you submit, post, transmit or display on, or through, the
     Services, including any intellectual property rights which subsist
     in that Content (whether those rights happen to be registered or
     not, and wherever in the world those rights may exist). Unless you
     have agreed otherwise in writing with Google, you agree that you are
     responsible for protecting and enforcing those rights and that
     Google has no obligation to do so on your behalf.

     9.5 You agree that you shall not remove, obscure, or alter any
     proprietary rights notices (including copyright and trade mark
     notices) which may be affixed to or contained within the Services.

     9.6 Unless you have been expressly authorized to do so in writing by
     Google, you agree that in using the Services, you will not use any
     trade mark, service mark, trade name, logo of any company or
     organization in a way that is likely or intended to cause confusion
     about the owner or authorized user of such marks, names or logos.

   10. License from Google

     10.1 Google gives you a personal, worldwide, royalty-free,
     non-assignable and non-exclusive license to use the software
     provided to you by Google as part of the Services as provided to you
     by Google (referred to as the “Software” below). This license is for
     the sole purpose of enabling you to use and enjoy the benefit of the
     Services as provided by Google, in the manner permitted by the
     Terms.

     10.2 You may not (and you may not permit anyone else to) copy,
     modify, create a derivative work of, reverse engineer, decompile or
     otherwise attempt to extract the source code of the Software or any
     part thereof, unless this is expressly permitted or required by law,
     or unless you have been specifically told that you may do so by
     Google, in writing.

     10.3 Unless Google has given you specific written permission to do
     so, you may not assign (or grant a sub-license of) your rights to
     use the Software, grant a security interest in or over your rights
     to use the Software, or otherwise transfer any part of your rights
     to use the Software.

   11. Content license from you

     11.1 You retain copyright and any other rights you already hold in
     Content which you submit, post or display on or through, the
     Services. By submitting, posting or displaying the content you give
     Google a perpetual, irrevocable, worldwide, royalty-free, and
     non-exclusive license to reproduce, adapt, modify, translate,
     publish, publicly perform, publicly display and distribute any
     Content which you submit, post or display on or through, the
     Services. This license is for the sole purpose of enabling Google to
     display, distribute and promote the Services and may be revoked for
     certain Services as defined in the Additional Terms of those
     Services.

     11.2 You agree that this license includes a right for Google to make
     such Content available to other companies, organizations or
     individuals with whom Google has relationships for the provision of
     syndicated services, and to use such Content in connection with the
     provision of those services.

     11.3 You understand that Google, in performing the required
     technical steps to provide the Services to our users, may (a)
     transmit or distribute your Content over various public networks and
     in various media; and (b) make such changes to your Content as are
     necessary to conform and adapt that Content to the technical
     requirements of connecting networks, devices, services or media. You
     agree that this license shall permit Google to take these actions.

     11.4 You confirm and warrant to Google that you have all the rights,
     power and authority necessary to grant the above license.

   12. Software updates

     12.1 The Software which you use may automatically download and
     install updates from time to time from Google. These updates are
     designed to improve, enhance and further develop the Services and
     may take the form of bug fixes, enhanced functions, new software
     modules and completely new versions. You agree to receive such
     updates (and permit Google to deliver these to you) as part of your
     use of the Services.

   13. Ending your relationship with Google

     13.1 The Terms will continue to apply until terminated by either you
     or Google as set out below.

     13.2 If you want to terminate your legal agreement with Google, you
     may do so by (a) notifying Google at any time and (b) closing your
     accounts for all of the Services which you use, where Google has
     made this option available to you. Your notice should be sent, in
     writing, to Google’s address which is set out at the beginning of
     these Terms.

     13.3 Google may at any time, terminate its legal agreement with you
     if:

     (A) you have breached any provision of the Terms (or have acted in
     manner which clearly shows that you do not intend to, or are unable
     to comply with the provisions of the Terms); or

     (B) Google is required to do so by law (for example, where the
     provision of the Services to you is, or becomes, unlawful); or

     (C) the partner with whom Google offered the Services to you has
     terminated its relationship with Google or ceased to offer the
     Services to you; or

     (D) Google is transitioning to no longer providing the Services to
     users in the country in which you are resident or from which you use
     the service; or

     (E) the provision of the Services to you by Google is, in Google’s
     opinion, no longer commercially viable.

     13.4 Nothing in this Section shall affect Google’s rights regarding
     provision of Services under Section 4 of the Terms.

     13.5 When these Terms come to an end, all of the legal rights,
     obligations and liabilities that you and Google have benefited from,
     been subject to (or which have accrued over time whilst the Terms
     have been in force) or which are expressed to continue indefinitely,
     shall be unaffected by this cessation, and the provisions of
     paragraph 20.7 shall continue to apply to such rights, obligations
     and liabilities indefinitely.

   14. EXCLUSION OF WARRANTIES

     14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL
     EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY
     NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME
     JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
     CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR
     DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED
     TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE
     LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU
     AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
     LAW.

     14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
     SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS
     IS" AND “AS AVAILABLE.”

     14.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
     LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

     (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

     (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE
     OR FREE FROM ERROR,

     (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
     SERVICES WILL BE ACCURATE OR RELIABLE, AND

     (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
     PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

     14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
     OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
     WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
     OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
     SUCH MATERIAL.

     14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
     YOU FROM GOOGLE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY
     WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

     14.6 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND
     CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
     NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
     MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
     NON-INFRINGEMENT.

   15. LIMITATION OF LIABILITY

     15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU
     EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND
     AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

     (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
     EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND
     UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE
     LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR
     INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS
     OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
     SERVICES, OR OTHER INTANGIBLE LOSS;

     (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT
     NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

     (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR
     EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR
     TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE
     ADVERTISING APPEARS ON THE SERVICES;

     (II) ANY CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICES, OR FOR ANY
     PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES
     (OR ANY FEATURES WITHIN THE SERVICES);

     (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY
     CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY
     OR THROUGH YOUR USE OF THE SERVICES;

     (III) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT
     INFORMATION;

     (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE
     AND CONFIDENTIAL;

     15.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 15.1
     ABOVE SHALL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR
     SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES
     ARISING.

   16. Copyright and trade mark policies

     16.1 It is Google’s policy to respond to notices of alleged
     copyright infringement that comply with applicable international
     intellectual property law (including, in the United States, the
     Digital Millennium Copyright Act) and to terminating the accounts of
     repeat infringers. Details of Google’s policy can be found at
     [21]http://www.google.com/dmca.html.

     16.2 Google operates a trade mark complaints procedure in respect of
     Google’s advertising business, details of which can be found at
     [22]http://www.google.com/tm_complaint.html.

   17. Advertisements

     17.1 Some of the Services are supported by advertising revenue and
     may display advertisements and promotions. These advertisements may
     be targeted to the content of information stored on the Services,
     queries made through the Services or other information.

     17.2 The manner, mode and extent of advertising by Google on the
     Services are subject to change without specific notice to you.

     17.3 In consideration for Google granting you access to and use of
     the Services, you agree that Google may place such advertising on
     the Services.

   18. Other content

     18.1 The Services may include hyperlinks to other web sites or
     content or resources. Google may have no control over any web sites
     or resources which are provided by companies or persons other than
     Google.

     18.2 You acknowledge and agree that Google is not responsible for
     the availability of any such external sites or resources, and does
     not endorse any advertising, products or other materials on or
     available from such web sites or resources.

     18.3 You acknowledge and agree that Google is not liable for any
     loss or damage which may be incurred by you as a result of the
     availability of those external sites or resources, or as a result of
     any reliance placed by you on the completeness, accuracy or
     existence of any advertising, products or other materials on, or
     available from, such web sites or resources.

   19. Changes to the Terms

     19.1 Google may make changes to the Universal Terms or Additional
     Terms from time to time. When these changes are made, Google will
     make a new copy of the Universal Terms available at
     [23]http://www.google.com/accounts/TOS?hl=en and any new Additional
     Terms will be made available to you from within, or through, the
     affected Services.

     19.2 You understand and agree that if you use the Services after the
     date on which the Universal Terms or Additional Terms have changed,
     Google will treat your use as acceptance of the updated Universal
     Terms or Additional Terms.

   20. General legal terms

     20.1 Sometimes when you use the Services, you may (as a result of,
     or through your use of the Services) use a service or download a
     piece of software, or purchase goods, which are provided by another
     person or company. Your use of these other services, software or
     goods may be subject to separate terms between you and the company
     or person concerned. If so, the Terms do not affect your legal
     relationship with these other companies or individuals.

     20.2 The Terms constitute the whole legal agreement between you and
     Google and govern your use of the Services (but excluding any
     services which Google may provide to you under a separate written
     agreement), and completely replace any prior agreements between you
     and Google in relation to the Services.

     20.3 You agree that Google may provide you with notices, including
     those regarding changes to the Terms, by email, regular mail, or
     postings on the Services.

     20.4 You agree that if Google does not exercise or enforce any legal
     right or remedy which is contained in the Terms (or which Google has
     the benefit of under any applicable law), this will not be taken to
     be a formal waiver of Google’s rights and that those rights or
     remedies will still be available to Google.

     20.5 If any court of law, having the jurisdiction to decide on this
     matter, rules that any provision of these Terms is invalid, then
     that provision will be removed from the Terms without affecting the
     rest of the Terms. The remaining provisions of the Terms will
     continue to be valid and enforceable.

     20.6 You acknowledge and agree that each member of the group of
     companies of which Google is the parent shall be third party
     beneficiaries to the Terms and that such other companies shall be
     entitled to directly enforce, and rely upon, any provision of the
     Terms which confers a benefit on (or rights in favor of) them. Other
     than this, no other person or company shall be third party
     beneficiaries to the Terms.

     20.7 The Terms, and your relationship with Google under the Terms,
     shall be governed by the laws of the State of California without
     regard to its conflict of laws provisions. You and Google agree to
     submit to the exclusive jurisdiction of the courts located within
     the county of Santa Clara, California to resolve any legal matter
     arising from the Terms. Notwithstanding this, you agree that Google
     shall still be allowed to apply for injunctive remedies (or an
     equivalent type of urgent legal relief) in any jurisdiction.

     April 16, 2007


   ©2008 Google - [24]Home - [25]About Google - [26]Privacy Policy -
   [27]Terms of Service

References

   Visible links
   1. http://www.google.com/
   2. http://www.google.com/about.html
   3. http://www.google.com/privacy.html
   4. http://www.google.com/privacypolicy.html
   5. http://www.google.com/privacy_faq.html
   6. http://www.google.com/accounts/tos/highlights/utos-us-en-h.html
   7. http://desktop.google.com/privacypolicy.html
   8. http://gmail.google.com/gmail/help/privacy.html
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  10. http://www.orkut.com/privacy.aspx
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  18. http://www.google.com/privacy.html
  19. http://www.google.com/help/customize.html#safe
  20. http://www.google.com/permissions/guidelines.html
  21. http://www.google.com/dmca.html
  22. http://www.google.com/tm_complaint.html
  23. http://www.google.com/accounts/TOS?hl=en
  24. http://www.google.com/
  25. http://www.google.com/about.html
  26. http://www.google.com/privacy.html
  27. http://www.google.com/accounts/TOS?hl=en

   Hidden links:
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