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  1.  
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  3. Thank you for using Google Earth! By downloading, installing or using this software or any portion thereof ("Google Software"), you agree to be bound by the following Terms of Service as well as the terms found on our Legal Notices page at http://www.google.com/intl/en_gb/help/legalnotices_maps.html (together the “Terms of Service”). The Google Software, and any portion thereof, are referred to herein as the "Software".
  4. 1. USE OF SOFTWARE; RESTRICTIONS
  5.  
  6. Use of Software. For an individual end user, the Software is made available to and may be used by you only for your personal, non-commercial use according to these Terms of Service and the Software documentation. For a business entity end user or government entity end user, the Software may be used by you and your employees for internal use according to these Terms of Service and the Software documentation (individual, business and government end users are hereinafter collectively referred to as "You"). Restrictions. Except where you have been specifically licensed by Google to do so, you may not use the Software in connection with any products, systems or applications installed, otherwise connected to or in communication with vehicles for or in connection with:
  7.  
  8. (a) real-time route guidance (including without limitation, turn-by-turn route guidance and other routing that is enabled through the use of a sensor);
  9.  
  10. (b) any systems or functions for automatic or autonomous control of vehicle behaviour or
  11.  
  12. (c) dispatch fleet management or similar applications. You may not use the Software in a manner which gives you or any other person access to mass downloads or bulk feeds of numerical latitude and longitude coordinates. You may not use the Software for any bulk printing or downloading of imagery, data or other content.
  13. 2. PRIVACY POLICY
  14.  
  15. As a condition of downloading and using the Software, you agree to the terms of the Google Privacy Policy at http://www.google.co.uk/privacy.html, which may be updated from time to time and without notice.
  16. 3. PROPRIETARY RIGHTS
  17.  
  18. a. Google. You acknowledge that
  19.  
  20. (a) the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws and
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  22. (b) Google owns all rights, titles and interest in and to the Software, and software provided through or in conjunction with the Software, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter, in force and effect worldwide. You agree that you will not, nor will allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Software, (iii) use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third-party rights or (iv) remove, obscure or alter Google's copyright notices, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or through the Software. The content presented to you as part of the Software, including, but not limited to, photographic imagery and map data (the “Content”), is protected by Intellectual Property Rights which are owned by Google, its third-party licensors, partners and others who provide that Content to Google. You may not, nor may you allow others to, copy, distribute, display, modify or otherwise use the Content except as it is provided to you through the Software, unless you have been specifically told that you may do so by Google or by the owners of that Content in a separate agreement. Google and its licensors make no representations or warranties regarding the accuracy or completeness of this information.
  23.  
  24. b. Third Parties. Data for map content in the Software is provided under licence from Google’s licensors, including Tele Atlas North America, Inc. (“TANA”) (the “TANA Data”), and is subject to intellectual property rights owned by or licensed by TANA and such other licensors. You agree that you will not engage in, and may be held liable for, any unauthorised copying or disclosure of this material. You may not use or distribute map information for any commercial purpose. By using the Software, you agree to make TANA a third-party beneficiary of this agreement. Your use of TANA Data is subject to additional restrictions located in the Legal Notices page.
  25. 4. AUTOMATIC UPDATES
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  27. The Software may communicate with Google servers from time to time in order to check for available updates to the Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the Software, you agree to request and receive Updates automatically.
  28. 5. US GOVERNMENT RESTRICTED RIGHTS
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  30. If the Software is used or accessed by, or on behalf of the United States government, such use or access is subject to the following provision. The Software and any related documentation are deemed "commercial computer software" and "commercial computer software documentation" respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. If the user of the Software is an agency, department, employee or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure or transfer of the Software, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Terms of Service. In accordance with US Federal Acquisition Regulation 12.212 for civilian agencies and US Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, the use of the Software is further restricted by these Terms of Service.
  31. 6. EXPORT RESTRICTIONS
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  33. The Software is subject to United States export controls. By downloading the Software, you agree that you are solely responsible for complying with all United States export control regulations, including the Export Administration Regulations ("EAR") and sanctions programmes, including those administered by the United States Treasury Department's Office of Foreign Assets Controls ("OFAC") and all other applicable international trade regulations. You agree that you will not download or use the Software without all required approvals in any proscribed destination (including Cuba, Iran, North Korea, Sudan and Syria) on behalf of any proscribed entity or person, for any proscribed end use or in any other manner contrary to these export regulations and sanctions programmes. By downloading or using the Software, you acknowledge and warrant that you are not a proscribed end user and that you are not utilising this software for a proscribed end use under these regulations.
  34. 7. COMPLIANCE WITH LAWS AND GOOGLE POLICIES
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  36. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software. You agree to comply with any applicable policies or guidelines that Google may make available from time to time at its sole discretion. By way of example, and not as a limitation, you agree that when using the Software, you will not:
  37.  
  38.     defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  39.     upload, post, email, transmit or otherwise make available any inappropriate, defamatory, infringing obscene or unlawful content;
  40.     upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
  41.     download any file posted by another person that you know, or reasonably should know, cannot be legally distributed in such a manner;
  42.     impersonate another person or entity or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, Content or other material;
  43.     restrict or inhibit any other user from using and enjoying Google services;
  44.     use Google services for any illegal or unauthorised purpose;
  45.     remove any copyright, trademark or other proprietary rights notices contained in or on Google services;
  46.     interfere with or disrupt Google services or servers or networks connected to Google services or disobey any requirements, procedures, policies or regulations of networks connected to Google services;
  47.     use any robot, spider, site search/retrieval application or other device to retrieve or index any portion of Google services or collect information about users for any unauthorised purpose;
  48.     submit content that falsely expresses or implies that such content is sponsored or endorsed by Google;
  49.     create user accounts by automated means or under false or fraudulent pretences;
  50.     promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual or
  51.     transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature.
  52.  
  53. 8. TERMINATION
  54.  
  55. You may terminate these Terms of Service at any time by permanently deleting the Software in its entirety. Your rights automatically and immediately terminate without notice from Google if you fail to comply with any provision of these Terms of Service. In such event, you must immediately delete the Software and all Content. To the maximum extent permitted by law, Google reserves the right to terminate this agreement and your use of the Software at any time and for any reason.
  56. 9. SURVIVAL
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  58. The provisions of Sections 3, 5, 6, 9, 10, 11, 12, 13, 14, 15 and 16 shall survive any termination or expiry of these Terms and Conditions.
  59. 10. INDEMNITY
  60.  
  61. You agree to hold harmless and indemnify Google and its subsidiaries, affiliates, officers, agents and employees from and against any claim, suit or action arising from or in any way related to your use of the Software or your violation of these Terms of Service, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and lawyers' fees, of every kind and nature. In such a case, Google will provide you with written notice of such claim, suit or action.
  62. 11. DISCLAIMER OF WARRANTIES
  63.  
  64. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
  65.  
  66. a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOOGLE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  67.  
  68. b) GOOGLE AND ITS LICENSORS MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS OR PERFORMANCE OF THE SOFTWARE AND (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  69.  
  70. c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS CARRIED OUT AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
  71.  
  72. d) NONE OF THE SOFTWARE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS OR ANY OTHER SUCH ACTIVITIES, IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
  73.  
  74. e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
  75. 12. LIMITATION OF LIABILITY
  76.  
  77. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOOGLE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
  78.  
  79. (I) THE USE OR THE INABILITY TO USE THE SOFTWARE OR TO ACCESS CONTENT OR DATA;
  80.  
  81. (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
  82.  
  83. (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE.
  84.  
  85. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL GOOGLE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF YOUR USE OR MISUSE OF THE SOFTWARE OR SUCH THIRD-PARTY SOFTWARE OR CONTENT. 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 AND/OR A THIRD-PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF, INABILITY TO USE OR RELIANCE ON THE SOFTWARE AND ALL THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SOFTWARE AND ANY THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 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.
  86. 13. EXCLUSIONS AND LIMITATIONS
  87.  
  88. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. 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.
  89. 14. NO THIRD-PARTY BENEFICIARIES
  90.  
  91. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms and Conditions.
  92. 15. GOOGLE SERVICES AND THIRD-PARTY PRODUCTS AND SERVICES
  93.  
  94. Some of the Software is designed to be used in conjunction with Google's search and other services. Accordingly, each time that you use the Software you agree to be bound by Google's Terms of Service, located at http://www.google.co.uk/accounts/TOS.
  95. 16. MISCELLANEOUS PROVISIONS
  96.  
  97. a) Choice of Law and Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of law provisions of California or your actual state or country of residence. 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 remain in full force and effect.
  98.  
  99. b) Waiver and Severability of Terms. The failure of Google to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision. The other provisions of these Terms and Conditions shall remain in full force and effect.
  100.  
  101. c) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Software or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  102.  
  103. d) 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 provided in writing and signed by Google and/or a third party who make(s) its software available in conjunction with or through the Software.