(a) Area 120 ("Area 120") is a division of Google Inc. ("Google") which is focused on launching experimental products which are iterated quickly, and which may be discontinued at any time. Through Google’s user testing program ("Program"), Google may give You access to certain products and services ("Area 120 Products and Services"), which are in different stages of development. Those Area 120 Products and Services may not always perform as specified.
You are responsible for protecting Yourself, Your property and data, and others from any risks caused by Area 120 Products and Services.
(b) Google may ask You to provide feedback. You are not required to provide feedback but 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) Evaluation. You may use the Area 120 Products and Services to evaluate them. Google retains title, ownership and all rights to any Area 120 Products and Services and anything else that Google makes available to You. You may not use the Area 120 Products and Services in a production environment.
(b) Software Developed by You: If permitted by the applicable Program, You may also use the Area 120 Products and Services to develop software that interacts with the Area 120 Products and Services, provided that You do not modify or distribute any of the Area 120 Products and Services or include any of the Area 120 Products and Services in the software You develop. Any software You develop may not violate (i) applicable laws, (ii) Google’s or any third party rights, or (iii) any Google policies we notify You of. 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 or Area 120’s websites. At Your request Google will review the source code of the software You develop and use the source code for support purposes. Google may use Residuals for any purpose, including use in the acquisition, development, manufacture, promotion, sale, or maintenance of products and services. The term "Residuals" means information that is retained in the unaided memories of Google’s employees or contractors who have had access to the software you develop. Memory is unaided if the employee or contractor has not intentionally memorized the information for the purpose of retaining and subsequently using or disclosing it.
(c) Feedback. You agree to provide feedback to Google, which shall include but not be limited to survey responses, bug reports, and feature requests. You hereby assign to Google all right, title and interest in and to any feedback submitted by You under this agreement or, if such assignment is not enforceable for any reason, then You agree to do one of the following (including performing such acts as may reasonably be required to do so), at Google’s request: (i) transfer or assign to Google all of Your rights regarding such feedback to Google; (ii) grant Google a perpetual, exclusive, irrevocable, worldwide, royalty-free license to use such feedback; or (iii) grant Google any other reasonable rights as requested by Google. You understand that Google will not provide any compensation for Your provision of feedback.
(a) Any information that Google provides under this agreement, as well as Your feedback and other submissions, are Google’s confidential information. As an exception, information that You rightfully knew before receiving it from Google, is public information, or information that was lawfully disclosed to You is not confidential information under this agreement. 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 Area 120 Products and Services or develop software as set forth in Section 2.
This agreement becomes effective when You click the "I Agree" button and remains in force until terminated by You or by Google. You will notify Google in writing if you wish to terminate this agreement. Google may suspend or terminate this agreement at any time. Upon termination, You will provide to Google, or, at Google’s sole discretion, promptly destroy and delete all submissions and confidential information that You provided to Google, and, if requested by Google, certify in writing compliance with this Section 4. Google shall remove You from the applicable 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 AND AREA 120 PRODUCTS AND SERVICES AND OTHER ITEMS AND INFORMATION HEREUNDER "AS IS" WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, GOOGLE AND ITS SUPPLIERS 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.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GOOGLE OR ITS SUPPLIERS HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OR DATA, OR COST OF COVER. TO THE EXTENT PERMITTED BY LAW, GOOGLE’S OR ITS SUPPLIER’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE APPLICABLE PROGRAM OR HARM CAUSED BY ANY GOOGLE OR AREA 120 PRODUCT OR SERVICE 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, LOSSES OR EXPENSES, 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, LOSSES OR EXPENSES 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.
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 and Area 120 Products and Services or other activities under this agreement.
8. Governing Laws
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. Personal Data
You understand and agree that your participation in the applicable Program is completely voluntary. You understand and agree that You do not have a partnership, employer-employee, agency, or joint venture relationship with Google, and that You have no expectation of receiving compensation for Your participation. You will not use the Area 120 Products and Services to store or transfer any customer data that would be controlled for export under Export Control Laws. "Export Control Laws" means all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. 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. Google can modify the agreement and notify You, and Your continued participation in the applicable 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. This is the entire agreement between You and Google with respect to this subject matter and supersedes any prior oral or written agreements.
Last Revised: October 7, 2016