path: root/licenses/googleearth

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.