Google OTA Terms of Service

This Google OTA Terms of Service (the "Terms") governs Company's access to and use of Google’s device-update infrastructure and related services, made available by Google via partner.android.com (“Services”). "Google" means Google Inc. with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, United States. “Company” means the legal entity that Google allows to use the Services. These Terms do not alter or modify the terms of any other written agreement that Company may have with Google for products, services or otherwise.
  1. Registration
    1. Registration Information. In order to access the Services, Company’s users must create Google accounts using Company-issued email addresses. Company and its end users will comply with the Google Terms of Service and the Google APIs Terms of Service in connection with their use of a Google account and the Services. Company represents and warrants that any information it or its end users provide to Google in connection with setting up a Google account is accurate and complete. Company and its end users will keep such information up to date.
    2. Account Security. Company and its end users will maintain the security of their Google accounts and passwords. Company and its end users will keep their Google account credentials confidential, not share their credentials with any third party, and use best efforts to prevent third parties from accessing their credentials. If Company or its end users become aware of any unauthorized access or use of their passwords or accounts, Company or its end users (as applicable) will notify Google as promptly as possible.
  2. Use of the Services
    1. Right to Use; Restrictions. Subject to these Terms, Company will have the right to use the Services, including any data made available via the Services (“Data”), for the purpose of updating the system software on Company devices that incorporate the Android operating system software (“Device”) or for the purpose of providing customer support. For those purposes, Company will have access to the Google Over The Air ("GOTA") Dashboard and the Android Over The Air ("OTA") API which allow Company to manage OTA data (including packages and configurations), provide OTA updates to Devices and access Data in aggregated form about the state of Company's Devices. In the event that Company uses the Services to update Devices used for testing or other special groups of Devices ("Special Group Devices"), Company will disclose to the users of such Special Group Devices the fact that their device is receiving a non-standard build update.
    2. Compliance. In connection with its use of the Service, Company will comply with all applicable laws and regulations, and will not violate or infringe any third-party rights.
    3. Permitted Access. Company will only access (or attempt to access) and use the Services via the means described in the Services or any applicable documentation. Company will not, and will not permit others acting on its behalf to: (i) use any automated means not approved by Google to scrape or harvest information or materials (including Data) from the Services; or (ii) sell, lease, timeshare, convey, distribute, publicly display, publicly perform or sublicense the Services (including any Data) to any third party.
    4. Privacy. If Company makes use of the GOTA dashboard or the Android OTA API to access Data about the state of a specific Device based on a hardware identifier, Company will a) only access such Data for the purpose of providing customer support or trouble shooting Devices, b) inform the user of such a Device about the Data that Company will access prior to accessing the Data.
    5. Users. Company will be responsible for any use of the Services via Company’s authorized end users. Company will require any such user that accesses the Services to comply with these Terms. Company will be responsible for all such users that access the Services, including for any breach of these Terms by its users.
    6. Feedback. If Company provides feedback or suggestions about the Services, then Google (and those Google allows) may use such information without obligation or compensation to Company.
    7. Third-Party Rights. Company represents and warrants that Company owns or has valid and enforceable licenses to the intellectual property, including patent, trademark, trade secret, copyright and other proprietary rights to the materials delivered using the Services. If Company distributes any third party materials using the Services, Company represents and warrants that Company has the right to distribute such third party materials.
    8. Malware. Company also represents and warrants that it will not include any viruses, spyware, trojan horses, or other malicious code of any kind in any materials delivered using the Services.
  3. Confidentiality; Publicity
    1. The Services may contain Google’s confidential information. Google’s confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If Company receives any such information, then Company will use such information solely to exercise its rights under these Terms, and will not disclose it to any third party except as permitted under these Terms or with Google's prior written consent. Google’s confidential information does not include information that Company independently developed, that was rightfully given to Company by a third party without confidentiality obligation, or that becomes public through no fault of Company or wrongful act of any third party. Company may disclose Google’s confidential information when compelled to do so by law if it provide reasonable prior notice, unless a court orders that Google not receive notice.
    2. Company will not make any public statement about the Data without Google’s prior written approval, but Company and Google may publicly disclose Company’s use of the Services.
  4. Termination
    1. Termination. If Company wants to terminate the Terms, it must provide Google with prior written notice by sending an email to androidlegal@google.com. Google reserves the right to terminate these Terms (upon notice or by terminating Company’s access to the Services), or discontinue or suspend the Services (in whole or in part) or Company’s access to the Services, for any reason without notice and at any time without liability or other obligation to Company.
    2. Obligations Post-Termination. Upon any termination of the Terms or discontinuation of Company’s access to the Services, Company will immediately stop using the Services.
    3. Surviving Provisions. When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to terms restricting use or disclosure of Data and Sections 3, 4b, 5, 6, 7, 8b and 8c.
  5. Disclaimer of Warranties
    1. NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FOR EXAMPLE, GOOGLE DOESN’T MAKE ANY COMMITMENTS ABOUT THE DATA ACCESSED THROUGH THE SERVICES (INCLUDING THE RELIABILITY OR ACCURACY OF THE DATA), THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET COMPANY’S NEEDS. GOOGLE PROVIDES THE SERVICES "AS IS".
    2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE DISCLAIMS ALL WARRANTIES AS TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
  6. Limitation of Liability
    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE, AND GOOGLE'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
    2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS IS LIMITED TO THE GREATER OF AMOUNTS PAID OR PAYABLE BY COMPANY UNDER THESE TERMS OR $100.
    3. IN ALL CASES, GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
  7. Indemnification
    1. Company will defend and indemnify Google, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from: (a) Company’s use of the Services; or (b) Company’s violation of the Terms.
  8. General Provisions
    1. Modification. Google may modify the Terms or any portion to, for example, reflect changes to the law or changes to the Services, at any time. Such modifications will be effective immediately. If Company does not agree to the modified Terms, Company should discontinue use of the Services. Company’s continued use of the Services constitutes its acceptance of the modified Terms.
    2. General Legal Terms. The Terms do not create any agency, partnership, joint venture, or employment relationship. Nothing in the Terms will limit either party's ability to seek injunctive relief. Neither party will be liable for failure or delay in its performance to the extent caused by circumstances beyond its reasonable control. If Company does not comply with the Terms, and Google does not take action right away, this does not mean that Google is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between Company and Google relating to its subject matter and supersede other agreements between the parties relating to its subject matter.
    3. Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE SERVICE WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA.; COMPANY AND GOOGLE CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

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