search results, and/or referral buttons, as applicable). "intellectual property rights" means any
and all rights existing from time to time under patent law, copyright law,
semiconductor chip protection law, moral rights law, trade secret law,
trademark law, unfair competition law, publicity rights law, privacy rights
law, and any and all other proprietary rights, as well as, any and all
applications, renewals, extensions, restorations and re-instatements thereof,
now or hereafter in force and effect worldwide.
16. information
rights. google may retain and use, subject to the terms of the google
privacy policy (located at http://www.google.com/privacy.html, or such
other url as google may provide from time to time), all information you
provide, including but not limited to property demographics and contact and
billing information. you agree that google may transfer and disclose to third
parties personally identifiable information about you for the purpose of approving
and enabling your participation in the program, including to third parties that
reside in jurisdictions with less restrictive data laws than your own. google
may also provide information in response to valid legal process, such as
subpoenas, search warrants and court orders, or to establish or exercise its
legal rights or defend against legal claims. google disclaims all
responsibility, and will not be liable to you, however, for any disclosure of
that information by any such third party. google may share
non-personally-identifiable information about you, including property urls,
property-specific statistics and similar information collected by google, with
advertisers, business partners, sponsors, and other third parties. in addition,
you grant google the right to access, index and cache the property(ies), or any
portion thereof, including by automated means including web spiders or
crawlers.
17. miscellaneous. this
agreement shall be governed by the laws of california, except for its conflicts
of laws principles. the parties specifically exclude from application to the
agreement the united nations convention on contracts for the international sale
of goods and the uniform computer information transactions act. the parties
agree that they will try in good faith to settle within thirty (30) days any
dispute relating to this agreement ("dispute"). if the dispute
is not resolved within thirty (30) days after such dispute arose, the dispute
must be resolved by arbitration. the arbitration will be submitted to the
international centre for dispute resolution of the american arbitration
association ("aaa") and conducted in accordance with the expedited
commercial rules of the aaa in force as of the date of this agreement
("rules"). there will be one arbitrator selected by mutual agreement
of the parties. the arbitration will be conducted in english and the place of
arbitration will be in santa clara county, california, usa. either party
may, without waiving any remedy under this agreement, apply to any court having
jurisdiction for any interim, provisional or injunctive relief necessary to
protect the rights or property of that party until the arbitration award is
rendered or the dispute is otherwise resolved. any decision rendered by
the arbitral tribunal will be final and binding on the parties, and judgment
thereon may be entered by any court of competent jurisdiction. the
arbitral tribunal will be empowered to order equitable or injunctive relief
consistent with the remedies and limitations set forth in this agreement.
the parties agree that all arbitral proceedings conducted pursuant to this
section, including the existence of any arbitral proceedings and information
disclosed in the course of such arbitral proceedings, will be considered confidential
information not to be disclosed to third paries. the parties may,
however, disclose such information to an appropriate court under
confidentiality restrictions, as is necessary to seek enforcement of any award
rendered by the arbitral tribunal or to seek any relief permitted under the
terms hereof. this agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof. any modifications to this
agreement must be made in a writing executed by both parties, by your online
acceptance of updated terms, or after your continued participation in the
program after such terms have been updated by google. the failure to require
performance of any provision shall not affect a party's right to require
performance at any time thereafter, nor shall a waiver of any breach or default
of this agreement constitute a waiver of any subsequent breach or default or a
waiver of the provision itself. if any provision herein is held unenforceable,
then such provision will be modified to reflect the parties' intention, and the
remaining provisions of this agreement will remain in full force and effect.
you may not resell, assign, or transfer any of your rights hereunder. any such
attempt may result in termination of this agreement, without liability to
google. notwithstanding the foregoing, google may assign this agreement to any
affiliate at any time without notice. the relationship between google and you
is not one of a legal partnership relationship, but is one of independent
contractors.
search
results, and/or referral buttons, as applicable). "intellectual
property rights" means any and all rights existing from time to time
under patent law, copyright law, semiconductor chip protection law, moral
rights law, trade secret law, trademark law, unfair competition law, publicity
rights law, privacy rights law, and any and all other proprietary rights, as
well as, any and all applications, renewals, extensions, restorations and
re-instatements thereof, now or hereafter in force and effect worldwide.
you acknowledge
that google owns all right, title and interest, including without limitation
all intellectual property rights (as defined below), in and to the program
(including google's ad serving technology, search technology, referral
technology, and brand features, including implied licenses, and excluding items
licensed by google from third parties and excluding any third party media
player that may comprise the property), and that you will not acquire any
right, title, or interest in or to the program except as expressly set forth in
this agreement. you will not modify, adapt, translate, prepare derivative works
from, decompile, reverse engineer, disassemble or otherwise attempt to derive
source code from any google services, software, or documentation, or create or
attempt to create a substitute or similar service or product through use of or
access to the program or proprietary information related thereto. you will not
remove, obscure, or alter google's copyright notice, brand features, or other
proprietary rights notices affixed to or contained within any google services,
software, or documentation (including without limitation the display of
google’s brand features with ads, links, search boxes,