For the purposes of these Service Specific Terms, the term " User " means Customer and/or Reseller based on which entity is accessing the applicable Service. Capitalized terms not defined herein have the meaning set forth in the Cloud Platform Reseller Agreement between Reseller and Google (" Agreement ").
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Google App Engine
. The following terms apply only to the Google App Engine Service:
- 1.1 Data Storage. User may select via the Service whether the Core App Engine End User Data will be stored permanently, at rest, in either the United States or the European Union, and Google will store it accordingly (" App Engine Data Location Setting "). If no selection is made, Core App Engine End User Data will be stored permanently, at rest, in the United States.
- 1.2 Transient Storage . Core App Engine End User Data may be stored transiently or cached in any country in which Google or its agents maintain facilities.
- 1.3 Limitations . No App Engine Data Location Setting will apply to Core App Engine End User Data copied in another location or used with other Google products and services (including Google BigQuery Service, Google Cloud Storage (except as set forth under Section 2 below), Google Prediction API, Google Translate API v2, Google Cloud SQL (except as set forth under Section 3 below), Google Compute Engine and Google Cloud Datastore (except as set forth under Section 6 below). If so, the Core App Engine End User Data will be processed and stored in any country in which Google or its agents maintain facilities.
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Google Cloud Storage
. The following terms apply only to the Google Cloud Storage Service:
- 2.1 Data Storage . User may select via the Service whether the Core Cloud Storage Customer Data will be stored permanently, at rest, in either the United States or the European Union, and Google will store it accordingly (" Cloud Storage Data Location Setting "). If no selection is made, Core Cloud Storage Customer Data will be stored permanently, at rest, in the United States.
- 2.2 Transient Storage . Core Cloud Storage Customer Data may be stored transiently or cached in any country in which Google or its agents maintain facilities before reaching permanent storage.
- 2.3 Limitations . No Cloud Storage Data Location Setting will apply to Core Cloud Storage Customer Data copied in another location or used with other Google products and services (including Google BigQuery Service, Google App Engine (except as set forth under Section 1 above), Google Prediction API, Google Translate API v2, Google Cloud SQL (except as set forth under Section 3 below), Google Compute Engine and Google Cloud Datastore (except as set forth under Section 6 below). If so, the Core Cloud Storage Customer Data will be processed and stored in any country in which Google or its agents maintain facilities.
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Google Cloud SQL
. The following terms apply only to the Google Cloud SQL Service:
- 3.1 Data Storage . User may select via the Service whether the Core Cloud SQL Customer Data will be stored permanently, at rest, in either the United States or the European Union, and Google will store it accordingly (" Cloud SQL Data Location Setting "). If no selection is made, Core Cloud SQL Customer Data will be stored permanently, at rest, in the United States.
- 3.2 Transient Storage . Core Cloud SQL Customer Data may be stored transiently or cached in any country in which Google or its agents maintain facilities before reaching permanent storage.
- 3.3 Limitations . No Cloud SQL Data Location Setting will apply to Core Cloud SQL Customer Data copied in another location or used with other Google products and services (including Google BigQuery Service, Google App Engine (except as set forth under Section 1 above), Google Prediction API, Google Translate API v2, Google Cloud Storage (except as set forth under Section 2 above), Google Compute Engine and Google Cloud Datastore (except as set forth under Section 6 below). If so, the Core Cloud SQL Customer Data will be processed and stored in any country in which Google or its agents maintain facilities.
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Google Compute Engine
. The following terms apply only to the Google Compute Engine Service:
- 4.1 Additional Security . If User requires greater than eight static IP addresses, User consents to Google filing a SWIP report and registering these static IP addresses with ARIN. Google reserves the right to log DNS lookups, as well as source and destination IP addresses, for security purposes.
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Google Translate API v2
. The following terms apply only to the Google Translate API v2 Service:
- 5.1 No Data Return . Customer Data will not be returned to User, whether the Customer Data is physically shipped to Google, or entered by User or Google into this Service.
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Google Cloud Data Store
. The following terms apply only to the Google Cloud Datastore Service:
- 6.1 Data Storage. If applicable, User may have an option to select via the Service whether the Core Datastore Customer Data will be stored permanently, at rest, in either the United States or the European Union, and Google will store it according to the option selected ("Datastore Data Location Setting"). If no selection is made, Core Datastore Customer Data will be stored permanently, at rest, in the United States.
- 6.2 Transient Storage. Core Datastore Customer Data may be stored transiently or cached in any country in which Google or its agents maintain facilities.
- 6.3 Limitations. No Datastore Data Location Setting will apply to Core Datastore Customer Data copied in another location or used with other Google products and services (including Google BigQuery Service, Google App Engine (except as set forth under Section 1 above), Google Prediction API, Google Translate API v2, Google Cloud Storage (except as set forth under Section 2 above), Google Cloud SQL (except as set forth under Section 3 above), and Google Compute Engine). If so, the Core Datastore Customer Data will be processed and stored in any country in which Google or its agents maintain facilities.
- 6.4 Services. The "Services" definition in the Agreement is amended to add "Google Cloud Datastore" (if applicable).
- 6.5 Documentation. Documentation for Google Cloud Datastore is set forth at: https://developers.google.com/datastore.
- 6.6 SLA. The SLA for Google Cloud Datastore is set forth at: https://developers.google.com/datastore/sla (if applicable).
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Operation of Communications Services.
Notwithstanding the telecommunication and call related restrictions in the "Restrictions" section of the Agreement, User may use the Services in connection with operating communications services under the conditions of this paragraph. User represents that: (a) User will use the Services for hosting capacity only; (b) User or its End Users will arrange and pay for any communications services used in connection with the Services, including transmission or transport to or from End Users; and (c) User will obtain and maintain all necessary regulatory authorizations and approvals relating to any product or service User provides using the Services. Any breach of the foregoing representation will be a material breach of the Agreement.
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Definitions
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- 8.1 " Core App Engine End User Data " means content provided through the use of an Application running on Google App Engine, by those End Users who are not acting as Developer End Users (and information related to those End Users stored by the Application), but excluding authentication information for those End Users’ Google accounts.
- 8.2 " Core Cloud SQL Customer Data " means only that Customer Data which is uploaded by User and stored using Google Cloud SQL.
- 8.3 " Core Cloud Storage Customer Data " means only that Customer Data which is uploaded by User (or End Users authorized by Customer) using the Google Cloud Storage tools or API for storage by Google Cloud Storage.
- 8.4 " Core Datastore Customer Data " means content provided through the use of Google Cloud Datastore, by those End Users who are not acting as Developer End Users (and information related to those End Users stored by the Google Cloud Datastore Service), but (a) excluding authentication information for those End Users' Google accounts, and (b) information about such content, such as access control lists (ACLs), configuration data, or data provided in HTTP request headers.
- 8.5 " Developer End User " means an End User who has been authorized by Customer to create or maintain an Application.
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Third Party Additional Terms.
- 9.1 Red Hat Enterprise Linux. User’s use of the Red Hat Enterprise Linux product, provided by Google in conjunction with Google Compute Engine is subject to the terms and conditions set forth at http://www.redhat.com/licenses/cloud_cssa/
- 9.2 Microsoft Windows Server.
- User’s use of the Microsoft Windows Server product, which may include associated media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”), provided by Google in conjunction with Google Compute Engine is subject to the following terms and conditions.
- a. Additional Terms . Google does not own the Products and the use thereof is subject to certain rights and limitations of which Google must inform User. User’s right to use the Products is subject to the terms of the Agreement, and to User’s understanding of, compliance with, and consent to the following terms and conditions, which Google does not have authority to vary, alter, or amend.
- b. Definitions.
- i. “Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
- ii. “Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” server or other electronic device.
- iii. “Server Software” means software that provides services or functionality on a computer acting as a server.
- iv. “Software Documentation” means any end user document included with server software.
- v. “Redistribution Software” means the software described in Section e (“Use of Redistribution Software”) below.
- c. Ownership of Products. The Products are licensed to Google from an affiliate of the Microsoft Corporation (collectively “Microsoft”). All title and intellectual property rights in and to the Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Products) are owned by Microsoft or its suppliers. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. User’s possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to User. User may not remove, modify, or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Products.
- d. Use of Client Software. User may use the Client Software installed on User Devices by Google only in accordance with the instructions, and only in connection with the services, provided to User by Google. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during User’s use of the Client Software.
- e. Use of Redistribution Software. In connection with the services provided to User by Google, User may have access to certain Microsoft “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). USER MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS USER EXPRESSLY AGREES TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO GOOGLE, WHICH TERMS MUST BE PROVIDED TO USER BY GOOGLE. Microsoft does not permit User to use any Redistribution Software unless User expressly agrees to and complies with such additional terms, as provided to User by Google.
- f. Copies. User may not make any copies of the Products; provided, however, that User may (a) make one copy of Client Software on User Device as expressly authorized by Google; and (b) User may make copies of certain Redistribution Software in accordance with Section e (Use of Redistribution Software). User must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of the Agreement, upon notice from Google or upon transfer of User Device to another person or entity, whichever occurs first. User may not copy any printed materials accompanying the Products.
- g. Limitations on Reverse Engineering, Decompilation and Disassembly. User may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
- h. No Rental. User may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of software services in accordance with the terms of this Addendum and the Agreement.
- i. Termination. Without prejudice to any other rights, Google may terminate User’s rights to use the Products if User fails to comply with the terms and conditions in Section 9.2. In the event of termination or cancellation of the Agreement or Google’s agreement with Microsoft under which the Products are licensed, User must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts.
- j. No Warranties, Liabilities or Remedies by Microsoft. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY GOOGLE AND NOT BY MICROSOFT, ITS AFFILIATES OR SUBSIDIARIES.
- k. Product Support. Any support for the Products is provided to User by Google and is not provided by Microsoft, its affiliates or subsidiaries.
- l. Not Fault Tolerant. THE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
- m. Liability for Breach. In addition to any liability User may have to Google, User agrees that User will also be legally responsible directly to Microsoft for any breach of the terms and conditions of Section 9.2
- n. Provision of Information to Microsoft. User acknowledges that Google will provide User’s billing country and state/province information to Microsoft.