TERMS AND CONDITIONS FOR GOOGLE SOAP SEARCH API SERVICE
Thank you for using the Google SOAP Search API (TM) service! By using this
service ("Google SOAP Search API") you agree to be bound by the following
terms and conditions (the "Terms and Conditions").
PERSONAL AND LEGITIMATE USES ONLY
The Google SOAP Search API service is made available to you for your
personal, non-commercial use only (at home or at work). You may only
create a single account and must provide accurate identification,
contact, and other information required as part of the registration
process. You may not create any script or other automated tool that
attempts to create multiple Google SOAP Search API accounts. And you may
not use the search results provided by the Google SOAP Search API service
with an existing product or service that competes with products or
services offered by Google.
If you are interested in doing anything different than the foregoing,
you must first obtain Google's written consent. If you fail to do so,
Google reserves the right to take legal action against you.
Furthermore, you may not use the Google SOAP Search API in any manner that
either directly or indirectly violates any laws or proprietary rights.
This includes laws and proprietary rights in the United States as well as
in other countries.
If you have questions on your contemplated use or if you have comments
on the Google SOAP Search API or ideas on how to improve it, please use
the Google SOAP Search API discussion forum. Please note that by doing so,
you also grant Google permission to use and incorporate your ideas or
comments into the Google SOAP Search API without further compensation.
INTELLECTUAL PROPERTY
You agree not to remove, obscure, or alter Google's copyright notice,
trademarks, or other proprietary rights notices affixed to or
contained within the Google SOAP Search API. You also acknowledge that
Google owns all right, title and interest in and to the Google SOAP Search
API, including without limitation all intellectual property rights (the
"Google Rights"). The Google Rights include rights to the following:
(1) the APIs developed and provided by Google, (2) all software
associated with the Google SOAP Search API server, and (3) the search
results and spell checking you obtain when you use the Google SOAP Search
API. The Google Rights do not include the following: (1) third party
components used as part of Google SOAP Search API; or (2) software
developed by you in conjunction with using the Google SOAP Search API.
PUBLICITY
So long as you comply with your obligations under this Agreement, you
may indicate that a product or service that you created either used or
is based on the Google SOAP Search API provided that those products or
services do not in Google's reasonable opinion (1) tarnish, infringe, or
dilute Google's trademarks, (2) violate any applicable law, and (3)
infringe any third party rights. If you wish to use the GOOGLE trademark
and/or logo in any other manner, you must first obtain Google's written
consent.
DISCLAIMER OF WARRANTIES
The Google SOAP Search API service is presently in Beta form and has not
been fully tested or debugged. Accordingly, Google disclaims any
responsibility for any harm resulting from your use of the Google SOAP
Search API.
The Google SOAP Search API service is provided "as is," with no warranties
whatsoever. Google expressly disclaims to the fullest extent permitted
by law all express, implied, and statutory warranties, including,
without limitation, the warranties of merchantability, fitness for a
particular purpose, and non-infringement of proprietary rights. Google
disclaims any warranties regarding the security, reliability,
timeliness, availability, and performance of the Google SOAP Search API.
You understand and agree that you use the Google SOAP Search API 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 the Google SOAP Search API.
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
The Google SOAP Search API service is being provided free of charge.
Accordingly, you agree that Google shall have no liability arising
from or based on your use of the Google SOAP Search API.
Under no circumstances shall Google be liable to any user on account
of that user's use or misuse of the Google SOAP Search API. 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, even if Google has been advised of the
possibility of such damages). Such limitation of liability shall apply
whether the damages arise from use or misuse of and reliance on the
Google SOAP Search API, from inability to use the Google SOAP Search API,
or from the interruption, suspension, or termination of the Google SOAP
Search API (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.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold Google, and its
officers, directors, agents, licensors and licensees (collectively,
the "Indemnified Parties") harmless from and against any and all
liability and costs incurred by the Indemnified Parties in connection
with any claim arising out of your use of the Google SOAP Search API,
including, without limitation, reasonable attorneys' fees. You shall
cooperate as fully as reasonably required in the defense of any claim.
Google reserves the right, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification by you.
GOOGLE'S SEARCH SERVICE
The Google SOAP Search API service is designed to be used in conjunction
with Google's search services. Accordingly, your use of the Google SOAP
Search API is also defined by Google's Terms of Service and Privacy
Policy. In the event of a conflict between these Terms and Conditions and
Google's Terms of Service, these Terms and Conditions shall prevail.
TERM AND TERMINATION
If you wish to terminate this Agreement, you may simply cease using
the Google SOAP Search API service. In such a case, you must delete any
search result information that you may have obtained from the Google SOAP
Search API service. Google may terminate this Agreement (and your
account) at any time, with or without cause.
GENERAL PROVISIONS
These Terms and Conditions 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. Any dispute arising from these Terms
and Conditions shall be adjudicated in the federal or state courts
located in Santa Clara County, California. If for any reason a court
of competent jurisdiction finds any provision or portion of these
Terms and Conditions to be unenforceable, the remainder of these Terms
and Conditions will continue in full force and effect. These Terms and
Conditions constitute the entire agreement between the parties with
respect to the subject matter hereof and supersede and replace all
prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. Any waiver of any provision of
these Terms and Conditions will be effective only if in writing and
signed by Google.
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