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Picasa End User License Agreement
Thank you for trying out the Picasa software! By using this software,
including certain third party software made available in conjunction
with this software but not including software provided in source form
and expressly licensed under other terms as set forth at http://code.google.com,
("Picasa Software"), you agree to accept a license under and
be bound by the following terms and conditions of this agreement
(the "Agreement") with Picasa LLC and Google Inc. (collectively
referred to herein as “Google”):
Non-Commercial Use Only
Picasa Software is made available to you for your non-commercial use only. This
means that you may use it at work or at home, but you first need to obtain Google's
permission if you want to sell the Picasa Software or any information, services,
or software associated with or derived from the Picasa Software, or if you want
to modify, copy (except as explicitly provided below), license, or create derivative
works from the Picasa Software (collectively, “Commercial Use”).
In the event that you would like to use the Picasa Software for Commercial Use,
please contact us requesting permission for such Commercial Use (and detailing
the specific type of Commercial Use requested) at http://www.google.com/picasasupport. You
may not use the Picasa Software in any manner that could damage, disable, overburden,
or impair Google’s services (e.g., you may not use the Picasa Software
in an automated manner), nor may you use Picasa Software in any manner that could
interfere with any other party's use and enjoyment of Google's services.
This Agreement allows you to install and use the Picasa Software on a single
computer. You may make copies of the Picasa Software and distribute such copies
to other persons employed by your employer’s organization, provided that
each such recipient has had an opportunity to review and agrees to be bound by
this Agreement prior to any use of the Picasa Software. If others employed
by your employer’s organization do not have this opportunity to review
and/or do not individually agree to be bound by this Agreement and you would
still like to distribute copies to them, you may do so provided that you have
the legal right to bind your employer’s organization and others within
your employer’s organization to this Agreement. If you do not have
this right and the recipients do not have an opportunity to review and/or do
not agree to be bound by this Agreement, you may not distribute the Picasa Software
to them. If you have any questions regarding the terms of distribution,
please contact us at http://www.google.com/picasasupport.
For each copy of the Picasa Software authorized under this license, you may make
one backup copy, provided your backup copy is not installed or used concurrently
on different computers. You must reproduce on any such copy all copyright notices
and any other proprietary legends on the original copy of the Picasa Software.
Google is not obligated to provide maintenance, support, or updates to you for
the Picasa Software.
If you have comments on the Picasa Software or ideas on how to improve it, please
contact us at http://www.google.com/picasasupport.
Please note that by doing so, you also grant to Google and third parties permission
to use and incorporate your ideas or comments into the Picasa Software (or third
party software) without further compensation.
Proper Use
You agree that you will use the Picasa Software in compliance with all applicable
local, state, national, and international laws, rules and regulations, including
any laws regarding the transmission of technical data exported from your country
of residence. You shall not agree to, and shall not authorize or encourage any
third party to: (i) use the Picasa Software to upload, transmit or otherwise
distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent,
obscene, contains viruses, or is otherwise objectionable; (ii) upload, transmit
or otherwise distribute content that infringes upon another party's intellectual
property rights or other proprietary, contractual or fiduciary rights or obligations;
(iii) use the Picasa Software for any fraudulent or inappropriate purpose; or
(iv) act in any way that violates this Agreement, as may be revised from time
to time. Violation of any of the foregoing may result in immediate termination
of this license, and may subject you to state, national and/or international
penalties and other legal consequences.
Automatic Updates
The Picasa Software may communicate with Google's servers to check for available
updates to the Picasa Software, such as bug fixes, patches, enhanced functions,
missing plug-ins and new versions (collectively, "Updates"). During
this process, the Picasa Software creates a randomly generated number for updating
the software, which is not associated with any personally identifying information. The
Picasa Software sends Google a request for the latest Picasa Software version
information. If a newer version is available, the Picasa Software will
give you the option of downloading it. The Picasa Software asks for permission
before downloading an updated version. If you wish to disable the automated
check for updates, please see the FAQ [http://picasa.google.com/support/bin/answer.py?answer=11249]
for details. By installing the Picasa Software and not disabling the automated
check for Updates, you hereby agree to automatically request and receive Updates
from Google's servers.
Intellectual Property
You acknowledge that Google, its subsidiaries and affiliates, and/or third parties
own all right, title and interest in and to the Picasa Software, portions thereof,
and any software or other materials (not including user photos or message text)
provided through or in conjunction with the Picasa Software, including without
limitation all intellectual property rights. You agree not to modify, adapt,
translate, prepare derivative works from, decompile, reverse engineer, disassemble
or otherwise attempt to derive source code from the Picasa Software. You also
agree to not remove, obscure, or alter Google's or any third party's copyright
notice, trademarks, or other proprietary rights notices affixed to or contained
within or accessed in conjunction with or through the Picasa Software.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, Google and its licensors and
suppliers disclaim any responsibility for any harm resulting from your use of
the Picasa Software and/or any third party software accessed in conjunction with
or through the Picasa Software.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PICASA SOFTWARE AND ANY
THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PICASA
SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY
DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PICASA SOFTWARE
AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE PICASA SOFTWARE AND
ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PICASA
SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OR USE OF PICASA SOFTWARE AND SUCH THIRD PARTY SOFTWARE. SOME
STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS
THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GOOGLE, ITS SUBSIDIARIES AND AFFILIATES OR ITS LICENSORS
AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF
THE PICASA SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY
OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE PICASA SOFTWARE, FROM INABILITY TO
USE PICASA SOFTWARE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PICASA
SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION
SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Further Limitation of Liability
It is your responsibility to ensure that you obtain all consents, authorizations
and clearances in any data or photographs owned or controlled by third parties
that you transmit, access or communicate to others using the Picasa Software.
Google will not be liable in any way (a) for any errors or omissions in any photographs
or data, or for any loss or damage of any kind incurred as a result of any data
transmitted via the Picasa Software; (b) if you are exposed to photographs or
data that are offensive, indecent or objectionable; or (c) for any violations
of copyright or other proprietary rights as a result of your use of the Picasa
Software.
Indemnification
It is your responsibility to ascertain whether any copyright or other licenses
for use of content are necessary and to obtain any such licenses. You agree
to copy, distribute, display, and modify only those materials which you have
the necessary permission to use. You agree to hold harmless and indemnify
Google and its subsidiaries, affiliates, and their respective officers, agents,
and employees from and against any third party claim arising from or in any way
related to your use of the Picasa Software, including any liability or expense
arising from all claims, losses, damages (actual and consequential), 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.
Data Practices and Privacy Policy
The Picasa Software does not require you to provide any personally identifying
information, such as your name or email address. If you send a request to Google’s
servers, we record standard log information, including Internet Protocol addresses
and information related to your request. We also log information about
the installation process and your system and settings when you download Picasa. We
will ask before collecting personally identifying information from you and give
you an opportunity to opt out. For a full description of how Google handles personal
information, please see the Google Privacy Policy [http://www.google.com/intl/en/privacy.html]
and the related Picasa FAQs [http://picasa.google.com/support].
Accessing Other Sites and Servers from Picasa
If you access web sites or servers from the Picasa website or the Picasa Software,
your computer will send standard log information, including your IP address. The
site you visit may log this information. If you use the Picasa website
or the Picasa Software to link to a merchant site that requires a log-in, you
can opt to have Picasa and/or Google save an encrypted copy of your log-in information
on your computer.
U.S. Government Restricted Rights
The Picasa Software and Documentation are "Commercial Items," as that
term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation," as
such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as
applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and Commercial
Computer Software Documentation are being licensed to U.S. Government end users
(a) only as Commercial Items and (b) with only those rights as are granted to
all other end users pursuant to the terms and conditions herein.
Export Controls
The Picasa Software is subject to the export control laws of the United States
and applicable export and import control laws of other countries. You agree to
comply with and use the Picasa Software in a manner consistent with such applicable
laws. All rights to use the Picasa Software are granted on condition that such
rights are forfeited if you fail to comply with this Agreement.
Miscellaneous Provisions
This Agreement will be governed by and construed in accordance with the laws
of the State of California, without giving effect to the conflict of laws provisions
of California or your actual state or country of residence. This Agreement will
not be governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded. If for any
reason a court of competent jurisdiction finds any provision or portion of this
Agreement to be unenforceable, the remainder of this Agreement will continue
in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of this Agreement will be effective only if in writing
and signed by Google.
Termination
IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY SIMPLY CEASE USING THE PICASA
SOFTWARE AND FOLLOW THE UNINSTALL INSTRUCTIONS. GOOGLE RESERVES THE RIGHT TO
TERMINATE THIS AGREEMENT AND YOUR AUTHORIZATION TO USE THE PICASA SOFTWARE AT
ANY TIME WITHOUT CAUSE. |
