Effective: January 19, 2010
The following Terms and Conditions (“Terms”) govern the relationship between you and Google with regard to the Android Developer Phone Giveaway (“Giveaway”). “Google” means Google Inc., a Delaware corporation whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
To qualify for the Giveaway, you must first agree to these Terms. By checking the box on the Giveaway registration form, you agree that these Terms apply to you, so please read them carefully.
You must meet the criteria listed in the registration form to be a “Qualified Developer” for the Giveaway. As a Qualified Developer, you will receive either a Verizon Droid by Motorola or a Nexus One (each, the “Device”), depending on your country of origin and other factors. Distribution of the Device to Qualified Developers and decisions as to the type of Device distributed is at the sole discretion of Google.
Google is not a representative for any carriers for either Device. If you choose to enroll in a carrier’s wireless service plan, you may be required to agree to the carrier’s terms and conditions. Selection of a carrier and wireless service plan is at your sole discretion, and you hereby assume all risks related thereto. In no event will Google be responsible for any fees or costs associated with any wireless service plan.
Warranties; Disclaimer of Warranties
You agree that Google is not the manufacturer of the Devices. You acknowledge that the manufacturers of the Devices may provide a limited warranty for the Device.
OTHER THAN THE ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “GOOGLE PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A GOOGLE PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
General Legal Terms
Governing Law; Jurisdiction. These Terms and your relationship with Google under these Terms 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 these Terms. 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. Certain laws of the jurisdiction in which you reside may confer rights and remedies and imply terms into these Terms that cannot be excluded. Those rights, remedies, and implied terms are not excluded by these Terms. To the extent that the relevant laws permit Google to limit their operation, Google's liability under those laws will be limited at its option, to the cost of replacing the goods, acquiring the equivalent goods or having the goods repaired.
No Assignment. You may not assign the benefit of these Terms or otherwise subcontract or transfer any of your rights or obligations hereunder, without the prior written approval of Google. Google may assign the benefit or otherwise sub-contract or transfer its rights and obligations hereunder, to any third party without notice to your consent.
No Waiver. You agree that if Google does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Google has the benefit of under any applicable law), this will not be taken to be a waiver of Google’s rights and that those rights or remedies will still be available to Google.
Severability. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
Entire Agreement. These Terms constitute the entire legal agreement between you and Google and govern your participation in the Giveaway and completely replaces any prior agreements between you and Google in relation to the Giveaway.