SOFTWARE LICENSE AGREEMENT OF
GOOGLE APPLICATIONS ON THE ANDROID DEVELOPER PHONE

1. Introduction
1. The Google applications on the Android Developer Phone (referred to in this License Agreement as the "Google Software" and specifically referring to the Google applications which are not included in the Android Open-Source Project (and which may be updated from time to time)) are licensed to you subject to the terms of this Software License Agreement of Google Applications on the Android Developer Phone ("License Agreement"). This License Agreement governs your use of the Google Software that is downloaded from the HTC Support website and forms a legally binding contract between you and Google in relation to your use of the Google Software. "Google" means Google Inc., a Delaware corporation with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
2. Accepting this License Agreement

1. In order to use the Google Software, you must first agree to this License Agreement by clicking to accept where the option is made available to you. You may not use the Google Software if you do not accept this License Agreement.
2. You may not use the Google Software and may not accept the License Agreement if you are a person barred from receiving the Google Software under the laws of the United States or other countries including the country in which you are resident or from which you use the Google Software.
3. Google Software License from Google

1. Subject to the terms of this License Agreement, Google grants you a limited, worldwide, royalty-free, non-assignable and non-exclusive license to use the Google Software solely to run the Android platform on your Android Developer Phone.
2. You agree that Google owns all legal right, title and interest in and to the Google Software, including any Intellectual Property Rights that subsist in the Google Software.
3. You may not copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Google Software or any part of the Google Software. You may only load the Google Software onto the Android Developer Phone, and except in conjunction with third party software that makes up the Android system image, you may not combine any part of the Google Software with other software, or distribute any software or device incorporating a part of the Google Software.
4. You agree that the Android system image that you download contains third party software. You agree that you may not distribute such third party software for any purpose without appropriate licenses from the applicable third party.
5. Nothing in this License Agreement gives you a right to use any of Google's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
6. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Google Software.
4. Use of the Google Software by You

1. You agree to use the Google Software only for purposes that are permitted by (a) this License Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5. Terminating this License Agreement

1. This License Agreement will continue to apply until terminated by either you or Google as set out below.
2. If you want to terminate this License Agreement, you may do so by ceasing your use of the Google Software.
3. Google may at any time, terminate this License Agreement with you if:
   1. you have breached any provision of this License Agreement; or
   2. Google is required to do so by law; or
   3. Google decides to no longer provide the Google Software or certain parts of the Google Software to users in the country in which you are resident or from which you use the service, or the provision of the Google Software or certain Google Software services to you by Google is, in Google's sole discretion, no longer commercially viable.

4. When this License Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time whilst this License Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 10.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
6. DISCLAIMER OF WARRANTIES

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE GOOGLE SOFTWARE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ANDROID DEVELOPER PHONE IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE GOOGLE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE.
2. GOOGLE FURTHER EXPRESSLY DISCLAIMS 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.
7. LIMITATION OF LIABILITY

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
8. Indemnification

1. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Google, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Google Software, and (b) any non-compliance by you with this License Agreement.
9. Confidential Information

1. "Confidential Information" means all information and material to which You have access in connection with this License Agreement, including the specific terms of this License Agreement, the Google Software (including without limitation all object code and source code), and any other materials You receive in connection with this License Agreement.

   Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of You; or (b) was in your lawful possession prior to the disclosure and had not been obtained by You either directly or indirectly from Google; or (c) is lawfully disclosed to You by a third party without restriction on disclosure; or (d) You can adequately demonstrate was independently developed by You without use of or reference to Google's Confidential Information.

   You will use Confidential Information solely in connection with this License Agreement. Upon Google's written request, You will promptly return all Confidential Information and copies, or certify in writing that it has destroyed all such materials.

10. General Legal Terms

1. This License Agreement constitutes the whole legal agreement between you and Google and governs your use of the Google Software (excluding any services which Google may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Google in relation to the Google Software.
2. You agree that if Google does not exercise or enforce any legal right or remedy which is contained in this License Agreement (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google's rights and that those rights or remedies will still be available to Google.
3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this License Agreement is invalid, then that provision will be removed from this License Agreement without affecting the rest of this License Agreement. The remaining provisions of this License Agreement will continue to be valid and enforceable.
4. You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to this License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this License Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this License Agreement.
5. EXPORT RESTRICTIONS. THE GOOGLE SOFTWARE IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE GOOGLE SOFTWARE. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
6. The rights granted in this License Agreement may not be assigned or transferred by either you or Google without the prior written approval of the other party. Neither you nor Google shall be permitted to delegate their responsibilities or obligations under this License Agreement without the prior written approval of the other party.
7. This License Agreement, and your relationship with Google under this License Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from this License Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.