Post by RJackthe SFLC is succeeding in educating the business world to avoid
GPL'd "Free Software".
Then all those companies demonstrating and selling electronic devices
that use the Android operating system, running on a Linux kernel, are
either not part of the business world or are uneducated. Good to
know. Or maybe you're just a fool.
UHHHH..... Doesn't look like Google embraced the GPL to me:
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Terms and Conditions
This is the Android Software Development Kit License Agreement.
1. Introduction
1.1 The Android Software Development Kit (referred to in this License
Agreement as the "SDK" and specifically including the Android system
files, packaged APIs, and Google APIs add-ons) is licensed to you
subject to the terms of this License Agreement. This License Agreement
forms a legally binding contract between you and Google in relation to
your use of the SDK.
1.2 "Google" means Google Inc., a Delaware corporation with principal
place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043,
United States.
2. Accepting this License Agreement
2.1 In order to use the SDK, you must first agree to this License
Agreement. You may not use the SDK if you do not accept this License
Agreement.
2.2 You can accept this License Agreement by:
(A) clicking to accept or agree to this License Agreement, where this
option is made available to you; or
(B) by actually using the SDK. In this case, you agree that use of the
SDK constitutes acceptance of the Licensing Agreement from that point
onwards.
2.3 You may not use the SDK and may not accept the Licensing Agreement
if you are a person barred from receiving the SDK under the laws of the
United States or other countries including the country in which you are
resident or from which you use the SDK.
2.4 If you are agreeing to be bound by this License Agreement on behalf
of your employer or other entity, you represent and warrant that you
have full legal authority to bind your employer or such entity to this
License Agreement. If you do not have the requisite authority, you may
not accept the Licensing Agreement or use the SDK on behalf of your
employer or other entity.
3. SDK License from Google
3.1 Subject to the terms of this License Agreement, Google grants you a
limited, worldwide, royalty-free, non- assignable and non-exclusive
license to use the SDK solely to develop applications to run on the
Android platform.
3.2 You agree that Google or third parties own all legal right, title
and interest in and to the SDK, including any Intellectual Property
Rights that subsist in the SDK. "Intellectual Property Rights" means any
and all rights under patent law, copyright law, trade secret law,
trademark law, and any and all other proprietary rights. Google reserves
all rights not expressly granted to you.
3.3 Except to the extent required by applicable third party licenses,
you may not copy (except for backup purposes), modify, adapt,
redistribute, decompile, reverse engineer, disassemble, or create
derivative works of the SDK or any part of the SDK. Except to the extent
required by applicable third party licenses, you may not load any part
of the SDK onto a mobile handset or any other hardware device except a
personal computer, combine any part of the SDK with other software, or
distribute any software or device incorporating a part of the SDK.
3.4 Use, reproduction and distribution of components of the SDK licensed
under an open source software license are governed solely by the terms
of that open source software license and not this License Agreement.
3.5 You agree that the form and nature of the SDK that Google provides
may change without prior notice to you and that future versions of the
SDK may be incompatible with applications developed on previous versions
of the SDK. You agree that Google may stop (permanently or temporarily)
providing the SDK (or any features within the SDK) to you or to users
generally at Google's sole discretion, without prior notice to you.
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Google's trade names, trademarks, service marks, logos, domain names, or
other distinctive brand features.
3.7 You agree that you will not remove, obscure, or alter any
proprietary rights notices (including copyright and trademark notices)
that may be affixed to or contained within the SDK.
4. Use of the SDK by You
4.1 Google agrees that it obtains no right, title or interest from you
(or your licensors) under this License Agreement in or to any software
applications that you develop using the SDK, including any intellectual
property rights that subsist in those applications.
4.2 You agree to use the SDK and write applications only for purposes
that are permitted by (a) this License Agreement 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).
4.3 You agree that if you use the SDK to develop applications for
general public 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, your 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 personal or sensitive
information provided by users, it must do so securely. If the user
provides your application with Google Account information, your
application 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.
4.4 You agree that you will not engage in any activity with the SDK,
including the development or distribution of 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.
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no responsibility to you or to any third party for) any data, content,
or resources that you create, transmit or display through the Android
platform and/or applications for the Android platform, and for the
consequences of your actions (including any loss or damage which Google
may suffer) by doing so.
4.6 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 this License Agreement, 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. Your Developer Credentials
5.1 You agree that you are responsible for maintaining the
confidentiality of any developer credentials that may be issued to you
by Google or which you may choose yourself and that you will be solely
responsible for all applications that are developed under your developer
credentials.
6. Privacy and Information
6.1 In order to continually innovate and improve the SDK, Google may
collect certain usage statistics from the software including but not
limited to a unique identifier, associated IP address, version number of
the software, and information on which tools and/or services in the SDK
are being used and how they are being used. Before any of this
information is collected, the SDK will notify you and seek your consent.
If you withhold consent, the information will not be collected.
6.2 The data collected is examined in the aggregate to improve the SDK
and is maintained in accordance with Google's Privacy Policy.
7. Third Party Applications for the Android Platform
7.1 If you use the SDK to run applications developed by a third party or
that access data, content or resources provided by a third party, you
agree that Google is not responsible for those applications, data,
content, or resources. You understand that all data, content or
resources which you may access through such third party applications are
the sole responsibility of the person from which they originated and
that Google is not liable for any loss or damage that you may experience
as a result of the use or access of any of those third party
applications, data, content, or resources.
7.2 You should be aware the data, content, and resources presented to
you through such a third party application may be protected by
intellectual property rights which are owned by the providers (or by
other persons or companies on their behalf). You may not modify, rent,
lease, loan, sell, distribute or create derivative works based on these
data, content, or resources (either in whole or in part) unless you have
been specifically given permission to do so by the relevant owners.
7.3 You acknowledge that your use of such third party applications,
data, content, or resources may be subject to separate terms between you
and the relevant third party. In that case, this License Agreement does
not affect your legal relationship with these third parties.
8. Using Android APIs
8.1 Google Data APIs
8.1.1 If you use any API to retrieve data from Google, you acknowledge
that the data may be protected by intellectual property rights which are
owned by Google or those parties that provide the data (or by other
persons or companies on their behalf). Your use of any such API may be
subject to additional Terms of Service. You may not modify, rent, lease,
loan, sell, distribute or create derivative works based on this data
(either in whole or in part) unless allowed by the relevant Terms of
Service.
8.1.2 If you use any API to retrieve a user's data from Google, you
acknowledge and agree that you shall retrieve data only with the user's
explicit consent and only when, and for the limited purposes for which,
the user has given you permission to do so.
9. Terminating this License Agreement
9.1 This License Agreement will continue to apply until terminated by
either you or Google as set out below.
9.2 If you want to terminate this License Agreement, you may do so by
ceasing your use of the SDK and any relevant developer credentials.
9.3 Google may at any time, terminate this License Agreement with you if:
(A) you have breached any provision of this License Agreement; or
(B) Google is required to do so by law; or
(C) the partner with whom Google offered certain parts of SDK (such as
APIs) to you has terminated its relationship with Google or ceased to
offer certain parts of the SDK to you; or
(D) Google decides to no longer providing the SDK or certain parts of
the SDK to users in the country in which you are resident or from which
you use the service, or the provision of the SDK or certain SDK services
to you by Google is, in Google's sole discretion, no longer commercially
viable.
9.4 When this License Agreement 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 this
License Agreement has been in force) or which are expressed to continue
indefinitely, shall be unaffected by this cessation, and the provisions
of paragraph 14.7 shall continue to apply to such rights, obligations
and liabilities indefinitely.
10. DISCLAIMER OF WARRANTIES
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT
YOUR SOLE RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE"
WITHOUT WARRANTY OF ANY KIND FROM GOOGLE.
10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK
AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
10.3 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.
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AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY
THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
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INCLUDING ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES
HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY
SUCH LOSSES ARISING.
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claims, actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable attorneys
fees) arising out of or accruing from (a) your use of the SDK, (b) any
application you develop on the SDK that infringes any copyright,
trademark, trade secret, trade dress, patent or other intellectual
property right of any person or defames any person or violates their
rights of publicity or privacy, and (c) any non-compliance by you with
this License Agreement.
13. Changes to the License Agreement
13.1 Google may make changes to the License Agreement as it distributes
new versions of the SDK. When these changes are made, Google will make a
new version of the License Agreement available on the website where the
SDK is made available.
14. General Legal Terms
14.1 This License Agreement constitute the whole legal agreement between
you and Google and govern your use of the SDK (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 SDK.
14.2 You agree that if Google does not exercise or enforce any legal
right or remedy which is contained in this License Agreement (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.
14.3 If any court of law, having the jurisdiction to decide on this
matter, rules that any provision of this License Agreement is invalid,
then that provision will be removed from this License Agreement without
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of this License Agreement will continue to be valid and enforceable.
14.4 You acknowledge and agree that each member of the group of
companies of which Google is the parent shall be third party
beneficiaries to this License Agreement and that such other companies
shall be entitled to directly enforce, and rely upon, any provision of
this License Agreement that confers a benefit on (or rights in favor of)
them. Other than this, no other person or company shall be third party
beneficiaries to this License Agreement.
14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT
LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND
INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE
LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
14.6 The rights granted in this License Agreement may not be assigned or
transferred by either you or Google without the prior written approval
of the other party. Neither you nor Google shall be permitted to
delegate their responsibilities or obligations under this License
Agreement without the prior written approval of the other party.
14.7 This License Agreement, and your relationship with Google under
this License Agreement, 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 this License Agreement. 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 10, 2009
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Sincerely,
RJack :)