1. Your Agreement with Google
1.1. Your use of the App Inventor for Android (the "Service") is governed by this agreement (the "Terms"). "Google" means Google Inc., located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States, and its subsidiaries or affiliates involved in providing the Service.
1.2. In order to use the Service, you must first agree to the Terms. You can agree to the Terms by actually using the Service. You understand and agree that Google will treat your use of the Service as acceptance of the Terms from that point onwards.
1.3. You may not use the Service if you are a person barred from receiving the
Service under the laws of the United States or other countries including the
country in which you are resident or from which you use the Service. You affirm
that you are over the age of 13, as the Service is not intended for children under
Your Account and Use of the Service
2.1. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Google immediately.
2.2. Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3. You agree not to (a) access (or attempt to access) the Service by any means other than through the interface that is provided by Google in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with Google, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
3. Service Policies and Privacy
4. Content in the Service and Take Down Obligations
4.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information, including the application that you create using the Service and any source code written by you to be used with the Service is referred to below as the "Application."
4.2. Google reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Applications from the Service. Google reserves the right to directly take down any Application that violates these Terms, any applicable Program Policies, or applicable law or regulation.
4.3. You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) the Application that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so.
4.4. You agree that Google has no responsibility or liability for the deletion or failure to store your Application and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Application.
4.5. 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 these Terms, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Google or any third party may suffer) of any such breach.
5. Proprietary Rights
5.1. You acknowledge and agree that Google (or Google's licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
5.2. 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.
5.3. Except as provided in Section 7, Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Application (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.
6. License from Google and Restrictions
6.1. Google gives you a personal, limited, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Service as provided to you by Google (referred to as the "App Inventor for Android Programming Platform" below). This license is for the sole purpose of enabling you to develop Applications to run on the Android platform, in the manner permitted by the Terms.
6.2. You may not (and you may not permit anyone else to): (a) copy, modify, adapt, redistribute, decompile, create a derivative work of, reverse engineer, or otherwise attempt to extract the source code of the App Inventor for Android Programming Platform 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 (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by the Service; (c) use the Service to create an Application that performs a malicious activity, including but not limited to spamming users, harvesting usernames and passwords, performing unauthorized scans of machines or ports; or (d) use the Service to create an Application that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party, including, but not limited to, Google or any mobile communications carrier, or (e) upload or otherwise process any malicious content to or through the Service.
6.3. Unless Google has given you specific written permission to do so (e.g., through an open source software license), you may not assign (or grant a sub-license of) your rights to use the App Inventor for Android Programming Platform, grant a security interest in or over your rights to use the App Inventor for Android Programming Platform, or otherwise transfer any part of your rights to use the Software.
6.4. Components of the App Inventor for Android Programming Platform licensed under
an open source software license are governed solely by the terms of that open
source software license and not the Terms.
7. License from You
7.1. Google claims no ownership or control over any Application. You retain copyright and any other rights you already hold in the Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Application on or through the Service you give Google a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute the Application for the sole purpose of enabling Google to provide you with the Service, including storing the Application on its servers. Furthermore, by creating an Application through use of the Service, you give Google a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute such Application for the sole purpose of enabling Google to provide you with the Service, including storing the Application on its servers.
7.2. You agree that Google, in its sole discretion, may use the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of your Application in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.
7.3. If you create an Application to share with other users of the Service, you may determine with whom you share the Application and grant to such users a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application.
8. Software Updates
8.1. 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 Service 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 Service.
9. Modification and Termination of the Service
9.1. 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 Service which Google provides may change from time to time without prior notice to you.
9.2. You may discontinue your use of the Service at any time. Google may, at any time, terminate your use of the Service and disable your access to the Service at any time in its sole discretion with or without notice.
9.3. When the Terms comes 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 Section 16.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
9.4. Upon any termination of the Service under Section 9, these Terms will also terminate, but Sections 5.1, 10, 11, 12, and 16 shall continue to be effective after these Terms are terminated.
10. EXCLUSION OF WARRANTIES
10.1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT GOOGLE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
10.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
10.3. GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, AND (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
11. LIMITATION OF LIABILITY
11.1. SUBJECT TO SECTION 10.1 ABOVE AND SECTION 15 BELOW (CONFIDENTIAL INFORMATION), YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR 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.
11.2. THE LIMITATIONS ON GOOGLE'S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12.1. You agree to hold harmless and indemnify Google, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Google and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Google will provide you with written notice of such claim, suit or action.
13. Policies Regarding Copyright and Trademarks
13.1. Digital Millennium Copyright Act ("DMCA notices"). It is Google's policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act (“DMCA notices”) or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice. For more information, please go to http://www.google.com/dmca.html.
13.2. For information regarding our trademark complaint procedure, please go to http://www.google.com/tm_complaint.html. Any use of Google's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with the Terms and in compliance with Google's then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at the following URL: http://www.google.com/permissions/guidelines.html (or such other URL Google may provide from time to time).
14. Confidential Information
14.1. By virtue of the Terms, the parties may have access to information that is confidential to one another ("Confidential Information"). “Confidential Information” means the specific terms of the Terms, the App Inventor for Android Programming Platform (including without limitation all object code and source code), and any information, data or other materials provided by one party to the other under or in connection with the Terms (other than information intended to be disclosed to third parties as set forth herein) that is (a) clearly and conspicuously marked as “confidential” or with a similar designation; (b) is identified by the disclosing party (“Discloser”) as confidential and/or proprietary before, during, or promptly after presentation or communication; or (c) is disclosed in a manner which the Discloser reasonably communicated, or the receiving party (“Recipient”) should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used.
A party's Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) the Recipient can adequately demonstrate was independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information. You shall not disclose the results of benchmark tests or other evaluations of Android to any third party unless Google grants you prior written consent to such disclosure.
The parties agree, both during the term of the Terms and for a period of three (3) years after termination of the Terms, to hold each other's Confidential Information in confidence and to protect the disclosed Confidential Information by using the same degree of care, but not less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as they use to protect their own confidential information of a like nature. The parties agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than the implementation of the Terms. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of the Terms.
15. Changes to the Terms
15.1. Google reserves the right to make changes to the Terms from time to time. When these changes are made, Google will make a new copy of the Terms available here.
15.2. You understand and agree that if you use the Service after the date on which the Terms have changed, Google will treat your use as acceptance of the updated Terms.
General Legal Terms
16.1. The Terms constitute the whole legal agreement between you and Google and govern your use of the Service (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 Service.
16.2. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
16.3. If Google provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
16.4. You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
16.5. 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.
16.6. Google shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
16.7. 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.