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diff --git a/licenses/googleearth b/licenses/googleearth index 2195f907dd11..f2a8911bd51c 100644 --- a/licenses/googleearth +++ b/licenses/googleearth @@ -1,322 +1,161 @@ -Thank you for using Google Earth! By downloading, -installing or using Google software or any portion -thereof ("Google Software") you agree to the following -terms and conditions (the "Terms and Conditions"). The -Google Software, and any portion thereof, are referred -to herein as the "Software." - -1. USE OF SOFTWARE The Software is made available to -you for your personal, non-commercial use only. You -may not use the Software or the geographical -information made available for display using the -Software, or any prints or screen outputs generated -with the Software in any commercial or business -environment or for any commercial or business purposes -for yourself or any third parties. You may not use -the Google Software in any manner that could damage, -disable, overburden, or impair Google's services -(e.g., you may not use the Google Software in an -automated manner), nor may you use Software in any -manner that could interfere with any other party's use -and enjoyment of Google's services. - -2. PRIVACY POLICY Protecting users' privacy is very -important to Google. As a condition of downloading and -using the Software, you agree to the terms of the -Google Privacy Policy at -http://www.google.com/privacy.html, which may be -updated from time to time and without notice. -Information collected by Google in connection with -your use of the Software may be stored and processed -in the United States or any other country in which -Google or its agents maintain facilities. Accordingly, -by using the Software you consent to any transfer of -such information outside of your country. You -acknowledge and agree that Google may access, -preserve, and disclose your account information if -required to do so by law or in a good faith belief -that such access preservation or disclosure is -reasonably necessary to: (a) satisfy any applicable -law, regulation, legal process or governmental -request, (b) enforce these Terms and Conditions, -including investigation of potential violations -hereof, (c) detect, prevent, or otherwise address -fraud, security or technical issues (including, -without limitation, the filtering of spam), (d) -respond to user support requests, or (e) protect the -rights, property or safety of Google, its users, and -the public. Google will not be responsible or liable -for the exercise or non-exercise of rights under these -Terms and Conditions. - -3. PROPRIETARY RIGHTS You acknowledge that (a) the -Software contains proprietary and confidential -information that is protected by applicable -intellectual property and other laws, and (b) Google -owns all right, title and interest in and to the -Software and software provided through or in -conjunction with the Software, including without -limitation all Intellectual Property Rights therein -and thereto. "Intellectual Property Rights" means any -and all rights existing from time to time under patent -law, copyright law, trade secret law, trademark law, -unfair competition law, and any and all other -proprietary rights, and any and all applications, -renewals, extensions and restorations thereof, now or -hereafter in force and effect worldwide. You agree -that you will not, and will not allow any third party -to, (i) copy, sell, license, distribute, transfer, -modify, adapt, translate, prepare derivative works -from, decompile, reverse engineer, disassemble or -otherwise attempt to derive source code from the -Software, unless otherwise permitted, (ii) take any -action to circumvent or defeat the security or content -usage rules provided, deployed or enforced by any -functionality (including without limitation digital -rights management functionality) contained in the -Software, (iii) use the Software to access, copy, -transfer, transcode or retransmit content in violation -of any law or third party rights, or (iv) remove, -obscure, or alter Google's copyright notices, -trademarks, or other proprietary rights notices -affixed to or contained within or accessed in -conjunction with or through the Software. - -4. AUTOMATIC UPDATES The Software may communicate with -Google servers from time to time to check for -available updates to the Software, such as bug fixes, -patches, enhanced functions, missing plug-ins and new -versions (collectively, "Updates"). By installing the -Software, you agree to automatically request and -receive Updates. - -5. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and -any related documentation are deemed "commercial -computer software" and "commercial computer software -documentation," respectively, within the meaning of -the applicable civilian and military Federal -acquisition regulations and any supplement thereto. If -the user of the Software is an agency, department, -employee, or other entity of the United States -Government, the use, duplication, reproduction, -release, modification, disclosure, or transfer of the -Software, including technical data or manuals, is -restricted by the terms, conditions and covenants -contained in these Terms and Condition. In accordance -with Federal Acquisition Regulation 12.212 for -civilian agencies and Defense Federal Acquisition -Regulation Supplement 227.7202 for military agencies, -use of the Software is further restricted by these -Terms and Conditions. - -6. EXPORT RESTRICTIONS The Software may be subject to -export controls or restrictions by the United States -or other countries or territories. You agree to (i) -comply with the requirements of the U.S. Department of -Commerce (DOC) Export Administration Regulations (EAR) -(see http://www.bis.doc.gov) and all applicable -international, national, state, regional and local -laws, and regulations, including without limitation -any applicable import and use restrictions, (ii) not -export, or re-export, directly or indirectly, the -Software to any country outlined in the EAR, nor to -any person or entity on the DOC Denied Persons, -Entities and Unverified Lists, the U.S. Department of -State's Debarred List, or on the U.S. Department of -Treasury's lists of Specially Designated Nationals, -Specially Designated Narcotics Traffickers, or -Specially Designated Terrorists, (iii) not export, or -re-export the Software to any military entity not -approved under the EAR, or to any other entity for any -military purpose, and (iv) not license, sell, provide -or distribute the Software for use in connection with -chemical, biological, or nuclear weapons or missiles -capable of delivering such weapons. - -7. COMPLIANCE WITH LAWS AND GOOGLE POLICIES You agree -to comply with all local laws and regulations -regarding the download, installation and/or use of the -Software. You agree to comply with any applicable -policies or guidelines that Google may make available -from time to time in its sole discretion. By way of -example, and not as a limitation, you agree that when -using the Software, you will not: * defame, abuse, -harass, stalk, threaten or otherwise violate the legal -rights (such as rights of privacy and publicity) of -others; * upload, post, email or transmit or -otherwise make available any inappropriate, -defamatory, infringing, obscene, or unlawful Content; -* upload, post, email or transmit or otherwise make -available any Content that infringes any patent, -trademark, copyright, trade secret or other -proprietary right of any party, unless you are the -owner of such rights or have the permission of the -owner to post such Content; * download any file -posted by another that you know, or reasonably should -know, that cannot be legally distributed in such -manner; * impersonate another person or entity, or -falsify or delete any author attributions, legal or -other proper notices or proprietary designations or -labels of the origin or source of software or other -material; * restrict or inhibit any other user from -using and enjoying Google services; * use Google -services for any illegal or unauthorized purpose; * -remove any copyright, trademark or other proprietary -rights notices contained in or on Google services; * -interfere with or disrupt Google services or servers -or networks connected to Google services, or disobey -any requirements, procedures, policies or regulations -of networks connected to Google services; * use any -robot, spider, site search/retrieval application, or -other device to retrieve or index any portion of -Google services or collect information about users for -any unauthorized purpose; * submit Content that -falsely expresses or implies that such Content is -sponsored or endorsed by Google; * create user -accounts by automated means or under false or -fraudulent pretenses; * promote or provide -instructional information about illegal activities or -promote physical harm or injury against any group or -individual; or * transmit any viruses, worms, -defects, Trojan horses, or any items of a destructive -nature. - -8. TERMINATION You may terminate these Terms and -Conditions at any time by permanently deleting the -Software in its entirety. Your rights automatically -and immediately terminate without notice from Google -if you fail to comply with any provision of these -Terms and Conditions. In such event, you must -immediately delete the Software. To the maximum -extent permitted by law, Google reserves the right to -terminate this agreement at any time and for any -reason. - -9. SURVIVAL The provisions of Sections 3, 5, 6, 9, 10, -11, 12, 13, 14, 15 and 16 shall survive any -termination or expiration of these Terms and -Conditions. - -10. INDEMNITY You agree to hold harmless and indemnify -Google and its subsidiaries, affiliates, officers, -agents, and employees from and against any claim, suit -or action arising from or in any way related to your -use of the Software or your violation of these Terms -and Conditions, including any liability or expense -arising from all claims, losses, damages, 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. - -11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND -AND AGREE THAT: a) YOUR USE OF THE SOFTWARE IS AT YOUR -SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" -BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM -EXTENT PERMITTED BY LAW, GOOGLE 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. -b) GOOGLE MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL -MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE -ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, -RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE -SOFTWARE, AND (IV) THAT ANY ERRORS IN THE SOFTWARE -WILL BE CORRECTED. c) ANY CONTENT OR MATERIAL -DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF -THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK -AND 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 CONTENT OR -MATERIAL. d) NONE OF THE SOFTWARE IS INTENDED FOR USE -IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT -SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION -OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, -OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE -OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, -OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. e) NO -ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, -OBTAINED BY YOU FROM GOOGLE OR ANY THIRD PARTY OR -THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT -EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. - -12. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND -AND AGREE THAT GOOGLE SHALL NOT BE LIABLE TO YOU FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, -CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT -LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, -USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOOGLE -HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) -RESULTING FROM: (I) THE USE OR THE INABILITY TO USE -THE SOFTWARE; (II) THE INABILITY TO USE THE SOFTWARE -TO ACCESS CONTENT OR DATA; (III) THE COST OF -PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) -UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR -TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER -RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS -SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL -PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST -EXTENT PERMITTED BY LAW. - -13. EXCLUSIONS AND LIMITATIONS NOTHING IN THIS -AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY -CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT -BE LAWFULLY EXCLUDED OR LIMITED. 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 ABOVE -LIMITATIONS IN SECTIONS 11 AND 12 WHICH ARE LAWFUL IN -YOUR JURISDICTION WILL APPLY TO YOU AND GOOGLE'S -LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT -PERMITTED BY LAW. - -14. NO THIRD PARTY BENEFICIARIES You agree that, -except as otherwise expressly provided in these Terms -and Conditions, there shall be no third party -beneficiaries to these Terms and Conditions. - -15. GOOGLE SERVICES AND THIRD PARTY PRODUCTS AND -SERVICES Some of the Google Software is designed to be -used in conjunction with Google's search and other -services. Accordingly, your use of such Google -Software is also defined by Google's Terms of Service -located at http://www.google.com/terms_of_service.html -and Google's Privacy Policy located at -http://www.google.com/privacypolicy.html. - -16. MISCELLANEOUS PROVISIONS a) Entire Agreement. -These Terms and Conditions constitute the entire -agreement between you and Google relating to the -Software and govern your use of the Software, -superceding any prior or contemporaneous agreements -between you and Google regarding the Software. b) -Choice of Law and Forum. These Terms and Conditions -and the relationship between you and Google shall be -governed by the laws of the State of California -without regard to its conflict of law provisions. You -and Google agree to submit to the personal and -exclusive jurisdiction of the courts located within -the county of Santa Clara, California. c) Waiver and -Severability of Terms. The failure of Google to -exercise or enforce any right or provision of these -Terms and Conditions shall not constitute a waiver of -such right or provision. If any provision of these -Terms and Conditions is found by a court of competent -jurisdiction to be invalid, the parties nevertheless -agree that the court should endeavor to give effect to -the parties' intentions as reflected in the provision, -and the other provisions of these Terms and Conditions -shall remain in full force and effect. d) Statute of -Limitations. You agree that regardless of any statute -or law to the contrary, any claim or cause of action -arising out of or related to use of the Software or -these Terms and Conditions must be filed within one -(1) year after such claim or cause of action arose or -be forever barred. e) Headings. The section headings -in these Terms and Conditions are for convenience only -and have no legal or contractual effect. - - +# 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/intl/en/help/terms_maps_earth.html + + Google Maps/Earth Terms of Service + + By downloading, installing, or using the Google Earth software, + accessing or using the Google Maps service (together, the "Products" or + "Services"), or accessing or using any of the content available within + the Products, you agree to be bound by the following: (1) the [1]Google + Terms of Service (the "Universal Terms"); (2) the terms found on our + [2]Legal Notices page (the "Legal Notices"); and (3) the additional + terms and conditions set forth below (the "Additional Terms"). Before + you continue, you should read each of these three documents, as + together they form a binding agreement between you and Google regarding + your use of the Products. Collectively, the Universal Terms, the Legal + Notices, and the Additional Terms are referred to as the "Terms". + As a condition of downloading, accessing, or using the Products, you + also agree to the terms of the [3]Google Privacy Policy. + 1. Use of the Products. Google grants you a non-exclusive, + non-transferable license to access the Google Maps service, to download + and use the Google Earth software and service, and to access the + Content (as defined below) within the Products and according to the + Terms. + 2. Restrictions on Use. Unless you have received prior written + authorization from Google (or, as applicable, from the provider of + particular Content), you must not: + (a) access or use the Products or any Content through any technology or + means other than those provided in the Products, or through other + explicitly authorized means Google may designate (such as through the + [4]Google Maps/Google Earth APIs); + (b) copy, translate, modify, or make derivative works of the Content or + any part thereof; + (c) redistribute, sublicense, rent, publish, sell, assign, lease, + market, transfer, or otherwise make the Products or Content available + to third parties; + (d) reverse engineer, decompile or otherwise attempt to extract the + source code of the Service or any part thereof, unless this is + expressly permitted or required by applicable law; + (e) use the Products in a manner that gives you or any other person + access to mass downloads or bulk feeds of any Content, including but + not limited to numerical latitude or longitude coordinates, imagery, + and visible map data; + (f) delete, obscure, or in any manner alter any warning, notice + (including but not limited to any copyright or other proprietary rights + notice), or link that appears in the Products or the Content; or + (g) use the Service or Content with any products, systems, or + applications for or in connection with (i) real time navigation or + route guidance, including but not limited to turn-by-turn route + guidance that is synchronized to the position of a user's + sensor-enabled device; or (ii) any systems or functions for automatic + or autonomous control of vehicle behavior. + 3. Appropriate Conduct; Compliance with Law and Google Policies. You + agree that you are responsible for your own conduct and content while + using the Products, and for any consequences thereof. You agree to use + the Products only for purposes that are legal, proper and in accordance + with the Terms and any applicable policies or guidelines Google may + make available. By way of example, and not as a limitation, you agree + that when using the Products or the Content, you will not: + (a) defame, abuse, harass, stalk, threaten or otherwise violate the + legal rights (such as rights of privacy and publicity) of others; + (b) upload, post, email, transmit or otherwise make available any + inappropriate, defamatory, obscene, or unlawful content; + (c) upload, post, transmit or otherwise make available any content that + infringes any patent, trademark, copyright, trade secret or other + proprietary right of any party, unless you are the owner of the rights, + or have the permission of the owner or other legal justification to use + such content; + (d) upload, post, email, transmit or otherwise make available messages + that promote pyramid schemes, chain letters, or disruptive commercial + messages or advertisements; + (e) upload, post, email, transmit or otherwise make available any other + content, message, or communication prohibited by applicable law, the + Terms or any applicable Product policies or guidelines; + (f) download any file posted by another that you know, or reasonably + should know, cannot be legally distributed in such manner; + (g) impersonate another person or entity, or falsify or delete any + author attributions or proprietary designations or labels of the origin + or source of Content, software or other material; + (h) restrict or inhibit any other user from using and enjoying the + Products or Google services; + (i) interfere with or disrupt Google services or servers or networks + connected to Google services, or disobey any requirements, procedures, + policies or regulations of networks connected to Google services; + (j) use any robot, spider, site search/retrieval application, or other + device to retrieve or index any portion of the Google services or + Content, or collect information about users for any unauthorized + purpose; + (k) submit content that falsely expresses or implies that such content + is sponsored or endorsed by Google; + (l) create user accounts by automated means or under false or + fraudulent pretenses; + (m) promote or provide instructional information about illegal + activities; + (n) promote physical harm or injury against any group or individual; or + (o) transmit any viruses, worms, defects, Trojan horses, or any items + of a destructive nature. + 4. Content in the Products. Google Maps and Google Earth allow you to + access and view a variety of content, including but not limited to + photographic imagery, map and terrain data, business listings, reviews, + traffic, and other related information provided by Google, its + licensors, and its users (the "Content"). Additionally, you may choose + to access other third party content made available in the Products + through Google services such as Google Gadgets. You understand and + agree to the following: + (a) Map data, traffic, directions, and related Content are provided for + planning purposes only. You may find that weather conditions, + construction projects, closures, or other events may cause road + conditions or directions to differ from the map results. You should + exercise judgment in your use of this Content. + (b) By using the Products, you do not receive any, and Google and/or + its licensors and users retain all ownership rights in the Content. You + may not use, access or allow others to use or access the Content in any + manner not permitted under the Terms, unless you have been specifically + permitted to do so by Google or by the owner of that Content, in a + separate agreement. + (c) Certain Content is provided under [5]license from third parties, + including but not limited to Tele Atlas B.V. ("Tele Atlas"), and is + subject to copyright and other intellectual property rights owned by or + licensed to Tele Atlas and/or such third parties. You may be held + liable for any unauthorized copying or disclosure of this Content. Your + use of Tele Atlas Content, including but not limited to printing or use + in marketing or promotional materials, is subject to additional + restrictions located in the [6]Legal Notices page. + 5. Additional Terms for Google Earth. + (a) Export Restrictions. The Google Earth software is subject to United + States export controls. By using the Google Earth software, you agree + to use the software only for purposes that are legal, proper and in + accordance with these Terms. Specifically, you agree to comply with all + applicable export and reexport control laws and regulations, including + the Export Administration Regulations ("EAR") maintained by the U.S. + Department of Commerce, and trade and economic sanctions maintained by + the Treasury Department's Office of Foreign Assets Control. + (b) Automatic Updates. The Google Earth software may communicate with + Google servers from time to time to check for available updates to the + software, such as bug fixes, patches, enhanced functions, missing + plug-ins and new versions (collectively, "Updates"). By installing the + Google Earth software, you agree to automatically request and receive + Updates. + 6. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY. + (a) GOOGLE AND ITS LICENSORS (INCLUDING BUT NOT LIMITED TO TELE ATLAS + AND ITS SUPPLIERS) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE + ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE PRODUCTS. + (b) SUBJECT TO SECTION 14.1 OF THE GOOGLE UNIVERSAL TERMS, GOOGLE AND + ITS LICENSORS (INCLUDING BUT NOT LIMITED TO TELE ATLAS AND ITS + SUPPLIERS) DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND + THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING + FROM YOUR USE OF THE CONTENT OR THE PRODUCTS. + 7. U.S. Government Restricted Rights. If the Products are being used or + accessed by or on behalf of the United States government, such use is + subject to additional terms located in the "Government End Users" + section of our [7]Legal Notices page. + +References + + 1. http://www.google.com/terms_of_service.html + 2. http://www.google.com/intl/en-us/help/legalnotices_maps.html + 3. http://www.google.com/privacypolicy.html + 4. http://code.google.com/apis/maps/terms.html + 5. http://www.google.com/intl/en-us/help/legalnotices_maps.html + 6. http://www.google.com/intl/en-us/help/legalnotices_maps.html + 7. http://www.google.com/intl/en-us/help/legalnotices_maps.html |