(a) Google may give you access to certain products and services, which are in different stages of development. Those products and services may not always perform as specified.
You are responsible for protecting yourself, your property and data, and others from anyrisks caused by Google products and services.
(b) Google may ask you to provide feedback. You are not required to provide feedbackbut if you do, it must only be from you, truthful, and accurate.
(c) Google will not provide any compensation for your participation and your participation may be suspended at any time.
2. Intellectual Property Rights.
(a) Google Products and Services. You may use the Google products and services provided to you to evaluate them. Google retains title, ownership and all rights to any Google products and services and anything else that Google makes available to you.
(b) Software Developed by You: You may also use the Google products and servicesprovided to you to develop software that interacts with the Google products and services. Any software you develop may not violate applicable laws, Google’s or any third party rights, or any Google policies we notify to you. You retain title, ownership and all rights to any software you develop. However, Google will have the unlimited right to post the materials you submit to Google on Google’s websites.
(c) Google’s Rights: Except as provided in Section 2(b), Google shall own all rights toanything you choose to submit under this agreement. If that isn’t possible, then you agree to do whichever of the following that Google asks you to do: transfer all of your rights regarding your submissions to Google, give Google an exclusive, irrevocable, worldwide, royalty-free license to your submissions to Google, or grant Google any other reasonable rights. You will transfer your submissions to Google, and sign documents and provide support as requested by Google, and you appoint Google to act on your behalf to secure these rights from you. You waive any moral rights you have and agree not to exercise them, unless you notify Google and follow Google’s instructions.
3. Confidentiality.
(a) Any information that Google provides under this agreement, as well as your feedback and other submissions, is confidential. As an exception, information that you knew before receiving it from Google, public information, or information that was lawfully disclosed to you is not confidential. You must immediately tell Google if you are legally required to disclose confidential information.
(b) You must keep all of Google’s confidential information secret and use it only to evaluate Google products and services.
4. Term. This agreement becomes effective when you click the “Submit” button and remains in force until either party gives written termination notice, which shall be effective immediately. Upon termination, you will provide to Google, or, at Google’s sole discretion, promptly destroy and delete all submissions and confidential information, and, if requested by Google, certify in writing compliance with this Section 4. Google shall remove you from the program and any related mailing lists within thirty (30) days of receiving your termination notice. Section 2(b), Section 2(c) and Sections 3 through 9 survive any termination of this agreement.
5. Warranty Disclaimer. GOOGLE PROVIDES ALL GOOGLE PRODUCTS AND OTHER ITEMS AND INFORMATION HEREUNDER “AS IS” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. GOOGLE DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY DISSATISFACTION IS TERMINATION IN ACCORDANCE WITH SECTION 4.
6. Limitation of Liability. IN NO EVENT SHALL GOOGLE HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OR DATA, OR COST OF COVER. GOOGLE’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR HARM CAUSED BY ANY GOOGLE PRODUCT SHALL NOT EXCEED THE MONETARY VALUE OF ANY FEEDBACK PROVIDED BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS LESS. THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 SHALL APPLY TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF GOOGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY IN THIS SECTION 6 SHALL NOT APPLY, HOWEVER, WITH RESPECT TO ANY DAMAGES THAT GOOGLE INTENTIONALLY CAUSES TO YOU.
7. Indemnification. You agree to hold harmless and indemnify Google, its employees, agents, and representatives, from and against any third party claim related to your use of Google products or other activities under this agreement.
8. Governing Law. This agreement is governed by California law, excluding California’s choice of law rules. FOR ANY DISPUTE RELATING TO THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA, except that either party may seek injunctive relief in any court of competent jurisdiction worldwide.
9. Miscellaneous. The parties are independent contractors, and this agreement does not create an agency, partnership or joint venture. Your rights and obligations under this agreement are specific to you, and you cannot assign them to anyone else. Google may freely assign or delegate its rights and obligations under this agreement. This is the entire agreement between you and Google. Google can modify the agreement and notify you, and your continued participation in the program shall constitute your acceptance of the modified agreement. You may not modify this agreement without Google’s written consent. Failure to enforce any provision will not constitute a waiver. The English language version is legally binding and shall prevail in case of any inconsistencies with translated versions.
Notice regarding Processing of Personal Data:
Google may use and share personal information that you provide to operate the Trusted Tester Program and exercise Google’s rights. Google’s Privacy Policy applies, as amended from time to time, available at https://www.google.com/privacy.html or on request.
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