Google Plugin for Eclipse 3.7 2.4.2.relr37v201110112027 com.google.gdt.eclipse.suite.e37.feature.feature.group Google Plugin for Eclipse Terms of Service 1. Your relationship with Google 1.1 Your use of the Google plug-in for Eclipse (referred to as the "Plug-in" in this document) 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 "Terms". 1.3 The Terms form a legally binding agreement between you and Google in relation to your use of the Plug-in. It is important that you take the time to read them carefully. 2. Accepting the Terms 2.1 In order to use the Plug-in, you must first agree to the Terms. You may not use the Plug-in 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 (including the download process) for the Plug-in; or (B) by actually using the Plug-in. In this case, you understand and agree that Google will treat your use of the Plug-in as acceptance of the Terms from that point onwards. 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 Plug-in by Google 4.1 Google has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Plug-in to you on behalf of Google itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Plug-in 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 Plug-in 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 Plug-in (or any features within the Plug-in) to you or to users generally at Google's sole discretion, without prior notice to you. You may stop using the Plug-in at any time. You do not need to specifically inform Google when you stop using the Plug-in. 5. Use of the Plug-in by you 5.1 You agree to use the Plug-in only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, third-party terms of service, 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). 5.2 You agree that if you use the Plug-in to develop a service for other users, you will protect the privacy and legal rights of those users. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores information submitted by users, it must do so securely. If the user provides you with Google account information, you may only use that information to access the user's Google account when, and for the limited purposes for which, the user has given you permission to do so. 5.3 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 Plug-in for any purpose. 5.4 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. Privacy and your personal information 6.1 For information about Google's data protection practices, please read Google's privacy policy at http://www.google.com/privacy.html. This policy explains how Google treats your personal information, and protects your privacy, when you use the Plug-in and related Google services. 6.2 You agree to the use of your data in accordance with Google's privacy policies. 7. Content in the Plug-in 7.1 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 Plug-in are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." 7.2 Google reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content. 7.3 You understand that by using the Plug-in you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Plug-in at your own risk. 7.4 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 Plug-in and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so. 8. Proprietary rights 8.1 You acknowledge and agree that Google (or Google's licensors) own all legal right, title and interest in and to the Plug-in, including any intellectual property rights which subsist in the Plug-in (whether those rights happen to be registered or not, and wherever in the world those rights may exist). 8.2 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. 8.3 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 http://www.google.com/permissions/guidelines.html (or such other URL as Google may provide for this purpose from time to time). 8.4 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 create, submit, post, or display through the Plug-in, 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). You retain copyright and any other rights you already hold in Content which you create, submit, post, or display through the Plug-in. 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. 8.5 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 Plug-in. 8.6 Unless you have been expressly authorized to do so in writing by Google, you agree that in using the Plug-in, 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. 9. License from Google 9.1 Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software 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 Plug-in as provided by Google, in the manner permitted by the Terms. 9.2 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 (e.g., through an open source software license). 9.3 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 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. 9.4 Use, reproduction and distribution of components of the Plug-in released under an open source software license are governed solely by the terms of that open source software license. 10. Software updates 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 Plug-in 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 Plug-in. 11. Ending your relationship with Google 11.1 The Terms will continue to apply until terminated by either you or Google as set out below. 11.2 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 Plug-in to you is, or becomes, unlawful); or (C) Google is transitioning to no longer providing the Plug-in to users in the country in which you are resident or from which you use the service; or (D) the provision of the Plug-in to you by Google is, in Google's opinion, no longer commercially viable. 11.3 Nothing in this Section shall affect Google's rights regarding provision of the Plug-in under Section 4 of the Terms. 11.4 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 Sections 12, 13, and 17.7 shall continue to apply to such rights, obligations and liabilities indefinitely. 12. EXCLUSION OF WARRANTIES 12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, 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. 12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PLUG-IN IS AT YOUR SOLE RISK AND THAT THE PLUG-IN IS PROVIDED "AS IS." 12.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE PLUG-IN WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PLUG-IN WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PLUG-IN WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU WILL BE CORRECTED. 12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLUG-IN 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. 12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR THROUGH OR FROM THE PLUG-IN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 12.6 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. 13. LIMITATION OF LIABILITY 13.1 SUBJECT TO OVERALL PROVISION IN SECTION 12.1 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 IN CONNECTION WITH THE PLUG-IN; (II) ANY CHANGES WHICH GOOGLE MAY MAKE TO THE PLUG-IN, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PLUG-IN (OR ANY FEATURES WITHIN THE PLUG-IN); OR (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 PLUG-IN. 13.2 THE LIMITATIONS ON GOOGLE'S LIABILITY TO YOU IN SECTION 13.1 ABOVE SHALL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 14. Copyright and trade mark policies 14.1 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 http://www.google.com/dmca.html. 14.2 Google operates a trade mark complaints procedure in respect of Google's advertising business, details of which can be found at http://www.google.com/tm_complaint.html. 15. Other content 15.1 The Plug-in 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. 15.2 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. 15.3 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. 16. Changes to the Terms 16.1 Google may make changes to the Terms from time to time. When these changes are made, Google will make a new copy of the Terms. 16.2 You understand and agree that if you use the Plug-in after the date on which the Terms have changed, Google will treat your use as acceptance of the updated Terms. 17. General legal terms 17.1 Sometimes when you use the Plug-in, you may (as a result of, or through your use of the Plug-in) 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. 17.2 The Terms constitute the whole legal agreement between you and Google and govern your use of the Plug-in (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 Plug-in. 17.3 You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Plug-in. 17.4 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. 17.5 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. 17.6 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. 17.7 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 7, 2009