8. Licenses from Google to You.
8.1 Definitions
.
- "
Brand Features
" means trade names, trademarks,
logos, domain names, and other distinctive brand features.
- "
Content
" means any content provided through
the Service (whether created by Google or its third-party
licensors), including map and terrain data, imagery, traffic data,
and places data (including business listings).
- "
Maps API Implementation
" means a software
application, website, or other implementation that uses the
Maps API(s) to obtain and display Content in conjunction
with Your Content.
- "
Your Content
" means any content that you
provide in your Maps API Implementation, including data, images,
video, or software. Your Content does not include the Content as
defined in Subsection (b).
8.2 Service License
.
Subject to these Terms (including
Section 9 (License Requirements)
and
Section 10 (License Restrictions)
),
during the term of this agreement, Google gives you a non-exclusive,
worldwide, personal, non-transferable, non-assignable,
non-sublicensable, royalty-free license to use the Service
as provided by Google, in the manner permitted by the Terms.
8.3 Content License
.
Subject to these Terms (including Sections 8.3(a) and (b),
Section 9 (License Requirements)
, and
Section 10 (License Restrictions)
),
during the term of this agreement, Google gives you a non-exclusive,
worldwide, personal, non-transferable,non-assignable,
non-sublicensable, royalty-free license to use the Content
in your Maps API Implementation, as the Content is provided
in the Service, and in the manner permitted by the Terms.
- Content (including map data, traffic, directions, and places)
is provided for planning purposes only. You may find that weather
conditions, construction projects, closures,or other events may
cause road conditions or directions to differ from the results
depicted in the Content. You should exercise judgment in your
use of the Content.
- Certain Content is provided under
license from third parties
, and is subject to copyright
and other intellectual property rights owned by or licensed
to such third parties. You may be held liable for any
unauthorized use of this content. Your use of third-party
Content (including certain business listings Content) is subject
to additional restrictions located in the
Legal Notices page
.
8.4 Brand Features License
.
- Grant
. Subject to these Terms (including Section 8.4(b),
Section 9 (License Requirements)
, and
Section 10 (License Restrictions)
),
during the term of this agreement, Google gives you a
non-exclusive, worldwide, personal, non-transferable,
non-assignable, non-sublicensable, royalty-free license to
display Google’s Brand Features solely for the purposes of
(i) promoting or advertising your authorized use of the
Service in accordance with this Section and (ii) fulfilling
your obligations under the Terms.
- Restrictions
. In using Google Brand Features,
you will not:
- display a Google Brand Feature in any manner that implies
a relationship or affiliation with, sponsorship, or endorsement
by Google (other than your use of the Service), or that can be
reasonably interpreted to suggest editorial content has been
authored by, or represents the views or opinions of, Google
or its personnel;
- display a Google Brand Feature in your Maps API
Implementation, site, or other propert(ies) if any of them
contain or display adult content or promote illegal activities,
gambling, or the sale of tobacco or alcohol to persons under
21 years of age;
- have the Google logo as the largest logo in your
Maps API Implementation, site, or other propert(ies)
(except as displayed in the map image itself);
- display a Google Brand Feature as the most prominent element
in your Maps API Implementation, on any page of your site,
or on any of your other propert(ies);
- display a Google Brand Feature in a manner that is
misleading, defamatory, infringing, libelous, disparaging,
obscene, or otherwise objectionable to Google;
- use Google Brand Features to disparage Google or the
Google Services;
- display a Google Brand Feature in your Maps API
Implementation, site, or other propert(ies) that violate
any law or regulation; or
- remove, distort, or alter any element of a
Google Brand Feature (including squeezing, stretching,
inverting, or discoloring).
No further license grant; no challenges
. Except as
stated in this Section, nothing in the Terms grants or will
be deemed to grant you any right, title, or interest in Google’s
Brand Features. Your use of Google’s Brand Features
(including any goodwill associated with them) will inure to
Google’s benefit. During and after the Term, and to the maximum
extent permitted by applicable law, you will not challenge or assist
others to challenge Google’s Brand Features (or their registration
by Google), and you will not attempt to register any Brand Features
(including domain names) that are confusingly similar to Google’s
in any way (including in sound, appearance, or spelling).
8.5 Proprietary Rights Notices
.
You will not remove, obscure, or alter any proprietary rights notices
(including copyright and trademark notices, Terms of Use links,
or Brand Features) displayed or provided through the Service.
Where such notices are not displayed or provided within the Service,
you must display such notices according to the
Maps APIs Documentation
.
8.6 U.S. Government Restricted
Rights
. If the Service or Content is being used or accessed
by or on behalf of the United States government, such use is
subject to additional terms located in our
Legal Notices
page’s "Government End Users" section.
8.7 Determination of Compliance
.
Google reserves the sole right and discretion to determine whether
your use of the Service, Content, and Brand Features complies
with these Terms.
9. License Requirements.
Google’s licenses above are subject to your compliance with the
following requirements:
9.1 Free, Public Accessibility
to Your Maps API Implementation
.
9.1.1 General Rules.
- Free access (no fees)
. Subject to Section 9.1.2
(Exceptions), your Maps API Implementation must be accessible
to the general public without charge and must not require
a fee-based subscription or other fee-based restricted access.
This rule applies to Your Content and any other content in
your Maps API Implementation, whether Your Content or the
other content exists now or is added later.
- Public access (no firewall)
. Your Maps API
Implementation must not operate (i) only behind a firewall;
or (ii) only on an internal network (except during the
development and testing phase); or (iii) in a closed
community (for example, through invitation-only access).
9.1.2 Exceptions.
- Enterprise agreement with Google
. The rules in
Section 9.1.1 (Free access, Public access) do not apply
if you have entered into a separate written agreement
with Google (such as a
Google Maps agreement
) or obtained Google's
written permission.
- Mobile applications
.
- The rule in Section 9.1.1(a) (Free access) does not
apply if your Maps API Implementation is used in a mobile
application that is sold for a fee through an online store
and is downloadable to a mobile device that can access
the online store.
- The rule in Section 9.1.1(b) (Public access) does not
apply if your Maps API Implementation is an Android
application that uses the Google Maps Android API.
(However, the rule in Section 9.1.1(b) (Public access)
will continue to apply if your Maps API Implementation
is an Android application that uses any other Maps APIs,
unless the Maps API Implementation qualifies for the
exception in Section 9.1.2(a) (Enterprise agreement
with Google).)
9.1.3 Examples.
- You can require users to log in to your Maps API
Implementation if you do not require users to pay a fee.
- You can charge a fee for your Maps API Implementation
if it is an Android application downloadable to mobile
devices from the Google Play Store.
- If you are a consultant who creates or hosts Maps API
Implementations for third-party customers, you may charge
those customers a fee for your consulting or hosting
services (but not for the Maps API Implementations themselves,
except as permitted under Section 9.1.2 (Exceptions)).
9.2 Reporting
. You must
implement those reporting mechanisms that Google requires
(as updated from time to time in these Terms and in the
Maps APIs Documentation
).
9.3 End User Terms and
Privacy Policy
.
If you develop a Maps API Implementation for use by other
users, you must:
- display to the users of your Maps API Implementation
the link to Google’s Terms of Service as presented through
the Service or described in the
Maps APIs Documentation
;
- explicitly state in your Maps API Implementation’s terms
of use that, by using your Maps API Implementation, your
users are agreeing to be bound by the
Google Maps/Google Earth Additional Terms of Service
;
and
- protect the privacy and legal rights of those users.
- Your privacy policy
. You must make publicly
available, and must abide by, an appropriate privacy
policy in your Maps API Implementation. In particular,
if your Maps API Implementation enables you or any
party to gain access to information about users of
the Maps API(s), including personally identifiable
information (such as user names) or non-personally
identifiable usage information (such as location),
your privacy policy must describe your use and retention
of this information.
- Geolocation privacy
- Your Maps API Implementation must notify the
user in advance of the type(s) of data that you
intend to collect from the user or the user’s
device. Your Maps API Implementation must not
obtain or cache any user’s location in any manner
except with the user's prior consent. Your Maps
API Implementation must let the user revoke the
user's consent at any time.
- If your Maps API Implementation provides Google
with geolocation data, that geolocation data must
not enable Google to identify an individual user.
For example, if your Maps API Implementation sends
Google Your Content, and Your Content includes
geolocation data, Your Content must not also
include unique device identifiers associated
with individual users.
- If you intend to obtain the user’s location
and use it with any other data provider's data,
you must disclose this fact to the user.
- Google’s Privacy Policy
. Your privacy policy
must notify users that you are using the Maps API(s)
and incorporate by reference Google’s Privacy Policy
by including a link to Google’s then-current Privacy
Policy (at
http://www.google.com/policies/privacy
or such
other URL as Google may provide).
- Cookies
. As noted in the Documentation,
certain Maps API(s) store and access cookies and other
information on end users’ devices. If you use any of
these cookie-enabled Maps API(s) in your Maps API
Implementation, then for end users in the European
Union, you must comply with the
EU User Consent Policy
.
9.4 Attribution
.
- Content provided to you through the Service may contain
the Brand Features of Google, its strategic partners, or other
third-party rights holders of content that Google indexes.
When Google provides those Brand Features or other attribution
through the Service, you must display such attribution as
provided (or as described in the
Maps APIs Documentation
) and
must not delete or alter the attribution.
- You must conspicuously display the "powered by Google"
attribution (and any other attribution(s) required by
Google in the
Maps APIs Documentation
) on or adjacent to the relevant
Service search box and Google search results. If you use
the standard Google search control, or the standard Google
search control form, this attribution will be included
automatically, and you must not modify or obscure this
automatically-generated attribution.
- You understand and agree that Google has the sole right
and discretion to determine whether your attribution(s)
are in compliance with the above requirements.
9.5 Preventing Unauthorized Use
.
You will use all reasonable efforts to prevent unauthorized use
of the Service and to terminate any such unauthorized use.
9.6 Responsibility for Breaches
.
You are solely responsible for (and Google has no responsibility
to you or any third party for) any breach of your obligations
under the Terms and for the consequences of any such breach
(including any loss or damage that Google may suffer).
10. License Restrictions.
Except as expressly permitted under the Terms, or unless you have
received prior written authorization from Google (or, as applicable,
from the particular Content provider), Google’s licenses above are
conditioned on your adherence to all of the restrictions below. In this
Section 10, the phrase "you will not" means "when using the Service,
you will not, and will not permit a third party to."
10.1 Administrative Restrictions
.
- No access to APIs or Content except through the Service
.
You will not access the Maps API(s) or the Content except through
the Service. For example, you must not access map tiles or
imagery through interfaces or channels (including undocumented
Google interfaces) other than the Maps API(s).
- No access to Service without applicable Developer
Identifier(s)
. For certain versions or features of the
Maps API(s), Google may require you to use a Developer
Identifier to access and administer the Service. If a
Developer Identifier is required under the
Maps APIs Documentation
,
you will not access the Service without the Developer Identifier.
- No hiding identity
. You will not hide from Google
the identity of your Maps API Implementation. You must follow
the identification conventions in the
Maps APIs Documentation
.
10.2 General Google API
Restrictions
.
The following restrictions apply generally to all Google Services,
including the Google application programming interfaces at
https://developers.google.com/products/
(or such other URL as Google may provide)
(the “
Google API(s)
”). You will not:
- Sublicense a Google API for use by a third party.
Consequently, you will not create an API client that
functions substantially the same as the Google APIs and
offer it for use by third parties.
- Perform an action with the intent of introducing to
Google Services any viruses, worms, defects, Trojan horses,
malware, or any items of a destructive nature.
- Defame, abuse, harass, stalk, or threaten others.
- Interfere with or disrupt the Google APIs or the servers
or networks providing the Google APIs.
- Promote or facilitate unlawful online gambling or disruptive
commercial messages or advertisements.
- Reverse engineer or attempt to extract the source code
from any Google API or any related software, except to the
extent that this restriction is expressly prohibited by
applicable law.
- Use the Google APIs for any activities where the use or
failure of the Google APIs could lead to death, personal
injury, or environmental damage (such as the operation
of nuclear facilities, air traffic control, or life
support systems).
- Use the Google APIs to process or store any data that
is subject to the International Traffic in Arms Regulations
maintained by the U.S. Department of State.
- Remove, obscure, or alter any Google terms of service,
or any links to or notices of those terms.
10.3 Quality Standards
Restrictions
.
- No violation of Google’s Software Principles
.
You will not violate Google’s Software Principles at
http://www.google.com/intl/en/about/company/software-principles.html
(or such other URLs that Google may designate).
- No modification of search results
. You will not modify,
reorder, augment, or manipulate search results in any way
unless you explicitly notify the end user of your actions.
10.4 Restrictions on Unfair
Exploitation of the Service and Content
.
- No use except under these Terms
. You will not
use the Service or Content except as expressly permitted
under these Terms. For example:
- No fees
. You will not charge any third party
a fee to use your Maps API Implementation, the Service,
or the Content, unless you have purchased an applicable
Google Maps Platform Premium Plan or Google Maps APIs for Work license
that expressly permits this use.
- No printing 5,000+ copies for direct marketing
.
You will not print more than 5,000 copies of sales collateral
materials containing a screenshot of the Content for
purposes of commercial sales lead generation.
- No use as a core part of printed matter
.
You will not incorporate the Content as a core part
of printed matter (such as a printed map or guide book)
that is redistributed for a fee.
No use beyond transaction limits and usage policies
.
If your Maps API Implementation generates a high volume of
transactions, Google reserves the right to set transaction
limits, as described in the Maps APIs Documentation
here
. Google also reserves
the right to set other usage policies in the Documentation from
time to time. If you want to engage in use outside these
transaction limits or usage policies, you can purchase more
usage capacity through the
Maps API Standard pricing plan
,
or you can contact the
Google Maps sales team
for licensing options
to address your needs. Google may decline your request, or condition
acceptance on your agreement to additional terms and/or charges
for that use.
Restrictions on your Maps API Implementations
.
- No creation of a substitute service
.
You will not use the Service to create a Maps API
Implementation that is a substitute for, or substantially
similar service to, Google Maps
(at
https://www.google.com/maps
(or such other URL
as Google may provide)) ("
Google Maps
")
or the Service.
- No creation or augmentation of data sets based on Google’s
Content or Services
.
You will not use Google’s Content or Services to create or
augment your own mapping-related dataset (or that of a third
party), including a mapping or navigation dataset, business
listings database, mailing list, or telemarketing list.
- No navigation
. You will not use the Service
or Content for or in connection with (a) real-time
navigation or route guidance; or (b) automatic or
autonomous vehicle control.
- No asset-tracking unless you have purchased the
applicable enterprise license
. Unless you have
purchased an applicable Premium Plan
or Maps APIs for Work license that
expressly permits you to do so, you will not use the
Service or Content for commercial asset-tracking or
in Maps API Implementations whose primary purpose
is to assess vehicle insurance risks.
- Commercial asset-tracking includes dispatch, fleet
management, and Maps API Implementations that track
your (or your end users’) assets (for example, private
or commercial transportation applications, including taxi
and vehicle-for-hire applications).
- Non-commercial asset-tracking implementations include
applications used for a non-commercial purpose
(for example, a free, publicly accessible Maps API
Implementation that displays real-time public transit
or other transportation status information or that allows
end users to share real-time location with others).
No use of Content in a listings service
.
You will not use business listings-related Content in
any Customer Implementation that has the primary purpose
of making available business, residential address, or
telephone directory listings.
No use of Content for an Ads product
.
You will not use business listings-related Content
to create or augment an advertising product.
No use of Content without a Google map
. Unless the
Maps APIs Documentation
expressly permits you to do so, you will not use the
Content in a Maps API Implementation without a corresponding
Google map. For example, you may display Street View imagery
without a corresponding Google map because the
Maps APIs Documentation
expressly permits this use.
No use of Content with a non-Google map
.
You must not use the Content in a Maps API Implementation
that contains a non-Google map.
10.5 Intellectual Property
Restrictions
.
- No distribution or sale except as permitted
under the Terms
.
You will not distribute, sell, or otherwise make any part
of the Service available to third parties except as permitted
by these Terms.
- No derivative works
. You will not modify or create
a derivative work based on any Content unless expressly
permitted to do so under these Terms. For example, the following
are prohibited: (i) creating server-side modification of map
tiles; (ii) stitching multiple static map images together to
display a map that is larger than permitted in the
Maps APIs Documentation
;
or (iii) tracing or copying the copyrightable elements
of Google’s maps or building outlines and creating a
new work, such as a new mapping or navigation dataset.
- No use of Content outside the Service
. You will not
use any Content outside of the Service except as expressly
permitted to do so in Subsection (d). For example, you will
not export or save the Content to a third party’s platform
or service.
- No caching or storage
. You will not pre-fetch, cache,
index, or store any Content to be used outside the Service,
except that you may store limited amounts of Content solely
for the purpose of improving the performance of your Maps API
Implementation due to network latency (and not for the purpose
of preventing Google from accurately tracking usage), and only
if such storage:
- is temporary (and in no event more than 30
calendar days);
- is secure;
- does not manipulate or aggregate any part of
the Content or Service; and
- does not modify attribution in any way.
No mass downloading
. You will not use the Service
in a manner that gives you or a third party access to mass
downloads or bulk feeds of any Content. For example, you are
not permitted to offer a batch geocoding service that uses
Content contained in the Maps API(s).
No incorporating Google software into other software
.
You will not incorporate any software provided as part of
the Service into other software.
No removing, obscuring, or altering terms of service,
links, or proprietary rights notices
. You will not:
- remove, obscure, or alter any Google terms of service
or any links to or notices of those terms, or any
copyright, trademark, or other proprietary rights
notices; or
- falsify or delete any author attributions, legal notices,
or other labels of the origin or source of material.
10.6 Restrictions on Trying to Shut Down the Service
.
We want to make sure that the Services remain online and available for all users.
To help ensure this, during the agreement term, you will not try to shut down the Services
that you have been using by seeking an injunction or exclusion order.
14. EXCLUSION OF WARRANTIES.
14.1
NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15,
WILL EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES
THAT 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
CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE
LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO
YOU, AND GOOGLE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
14.2
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE
SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE."
IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO
YOU THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS;
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE;
- THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY
SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL
BE CORRECTED.
14.3
ANY CONTENT OBTAINED THROUGH THE GOOGLE SERVICES IS
AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT
RESULTS FROM DOWNLOADING OR USING ANY SUCH CONTENT.
14.4
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM GOOGLE, OR THROUGH OR FROM THE SERVICE
OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS.
14.5
GOOGLE, ITS LICENSORS, AND THEIR SUPPLIERS FURTHER
EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
19. General Legal Terms.
19.1 Notices
.
Google may provide you with notices, including those regarding
changes to the Terms, by email, regular mail, or postings on
the Service.
19.2 Assignment
.
Google may assign any part of this agreement without written consent.
19.3 No Waiver
.
Google will not be treated as having waived any rights by not
exercising (or delaying the exercise of) any rights under
these Terms. A waiver will be effective only if Google
expressly states in a writing signed by an authorized
representative that Google is waiving a specified Term.
19.4 Third-Party Beneficiaries
.
Google’s affiliates and the Indemnified Parties are third-party
beneficiaries to the Terms and are entitled to directly enforce,
and rely on, any Terms that confer a right or benefit to them.
There are no other third-party beneficiaries to the Terms.
19.5 Entire Agreement
.
These Terms set out all terms agreed between the parties
and supersede all other agreements between the parties
relating to its subject matter.
19.6 Severability
.
If any term (or part of a term) of these Terms is invalid, illegal
or unenforceable, the rest of the Terms will remain in effect.
19.7 Equitable Relief
.
You understand and agree that damages for improper use of the
Maps API(s) may be irreparable; therefore, Google is entitled
to seek equitable relief, including injunctions in any jurisdiction,
in addition to all other remedies it may have.
19.8 Conflicting Languages
.
If these Terms are translated into any other language, and there is
a discrepancy between the English text and the translated text,
the English text will govern.
19.9 Governing Law
.
ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR ANY
RELATED GOOGLE SERVICES 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; THE PARTIES CONSENT TO
PERSONAL JURISDICTION IN THOSE COURTS.