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Service Specific Terms

Capitalized terms not defined in these Service Specific Terms have the meaning set forth in the Google Cloud Platform License Agreement between Customer and Google or the Google Cloud Platform Reseller Agreement between Reseller and Google (as applicable, " Agreement "). For the purpose of these Service Specific Terms, if the Agreement is the Google Cloud Platform Reseller Agreement, then for that Agreement: (i) the term "Customer" means Customer and/or Reseller based on which entity is accessing the applicable Service, (ii) Section 7.5 does not apply, and (iii) the term "Customer" means "Reseller" for Sections 8, 10.1, and 10.9-10.11.

1. Google App Engine.

The following terms apply only to the Google App Engine Service:

    1.1 Data Storage . Customer may select via the Service whether the Core App Engine Customer 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 neither of these choices is selected, Core App Engine Customer Data may be stored in any country in which Google or its agents maintain facilities.

    1.2 Transient Storage . Core App Engine Customer 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 Customer Data copied by Customer or an End User to another location or used with other Google products and services (including other Services, except to the extent Customer has selected the same Data Location Setting for that other Service). If so, the Core App Engine Customer Data may be processed and stored in any country in which Google or its agents maintain facilities.

2. Google Cloud Storage.

The following terms apply only to the Google Cloud Storage Service:

    2.1 Data Storage . Customer 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 neither of these choices is selected, Core Cloud Storage Customer Data may be stored in any country in which Google or its agents maintain facilities.

    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.

    2.3 Limitations . No Cloud Storage Data Location Setting will apply to Core Cloud Storage Customer Data copied by Customer or an End User to another location or used with other Google products and services (including other Services, except to the extent Customer has selected the same Data Location Setting for that other Service). If so, the Core Cloud Storage Customer Data may be processed and stored in any country in which Google or its agents maintain facilities.

3. Google Cloud SQL.

The following terms apply only to the Google Cloud SQL Service:

    3.1 Data Storage . Customer 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 neither of these choices is selected, Core Cloud SQL Customer Data may be stored in any country in which Google or its agents maintain facilities.

    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.

    3.3 Limitations . No Cloud SQL Data Location Setting will apply to Core Cloud SQL Customer Data copied by Customer or an End User to another location or used with other Google products and services (including other Services, except to the extent Customer has selected the same Data Location Setting for that other Service). If so, the Core Cloud SQL Customer Data may be processed and stored in any country in which Google or its agents maintain facilities.

4. Google Compute Engine.

The following terms apply only to the Google Compute Engine Service:

    4.1 Data Storage . Customer may determine via the Service for each disk resource whether the Core Compute Engine Customer Data will be stored permanently, at rest, in either the United States or the European Union, and Google will store it accordingly (" Compute Engine Data Location Setting "). If neither of these choices is selected, Core Compute Engine Customer Data may be stored in any country in which Google or its agents maintain facilities.

    4.2 Transient Storage . Core Compute Engine Customer Data may be stored transiently or cached in any country in which Google or its agents maintain facilities.

    4.3 Limitations . No Compute Engine Data Location Setting will apply to Core Compute Engine Customer Data copied by Customer or an End User to another location or used with other Google products and services (including other Services, except to the extent Customer has selected the same Data Location Setting for that other Service). If so, the Core Compute Engine Customer Data may be processed and stored in any country in which Google or its agents maintain facilities.

    4.4 Additional Security . If Customer requires greater than eight static IP addresses, Customer 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.

5. 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 Customer, whether the Customer Data is physically shipped to Google, or entered by Customer or Google into this Service.

    5.2 HTML Markup Requirements and Attribution Requirements . Customer will comply with the HTML Markup Requirements found at http://developers.google.com/translate/v2/markup and the attribution requirements found at https://developers.google.com/translate/v2/attribution

    5.3 No Use of this Service to Create Similar Service . Customer will not, and will not allow third parties under its control to use this Service to create, train, or improve (directly or indirectly) a substantially similar product or service, including any other machine translation engine.

6. Google Prediction API.

The following terms apply only to the Google Prediction API Service: Customer will not, and will not allow third parties under its control to use this Service to create, train, or improve (directly or indirectly) a substantially similar product or service, including any other machine translation engine.

7. Google Cloud Datastore.

The following terms apply only to the Google Cloud Datastore Service:

    7.1 Data Storage . If applicable, Customer 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 neither of these choices is selected, Core Datastore Customer Data may be stored in any country in which Google or its agents maintain facilities.

    7.2 Transient Storage . Core Datastore Customer Data may be stored transiently or cached in any country in which Google or its agents maintain facilities.

    7.3 Limitations . No Datastore Data Location Setting will apply to Core Datastore Customer Data copied by Customer or an End User to another location or used with other Google products and services (including other Services, except to the extent Customer has selected the same Data Location Setting for that other Service). If so, the Core Datastore Customer Data may be processed and stored in any country in which Google or its agents maintain facilities.

    7.4 Services . The "Services" definition in the Agreement is amended to add "Google Cloud Datastore" (if applicable).

    7.5 Fees . The Fees for Google Cloud Datastore are set forth at: cloud.google.com/skus .

    7.6 Documentation . Documentation for Google Cloud Datastore is set forth at: https://developers.google.com/datastore .

    7.7 SLA . The SLA for Google Cloud Datastore is set forth at: https://developers.google.com/datastore/sla (if applicable).

8. Cloud Platform Commitment Based Pricing and Billing.

    8.1 Reserved Units .

    a. Selection and Commitment . If applicable, Customer may have an option to request Reserved Units by: (i) making a selection in the Admin Console, (ii) placing a request through a Google API or Google command line tool, (iii) placing a request through a Google Web form, or (iv) making a selection in the Ordering Document. If Google accepts Customer’s Reserved Unit request, then notwithstanding the "Payment Terms" section of the Agreement, Customer will pay the Fees for those Reserved Units whether or not they are used and the Reserved Units may include payment of a Fee in advance of use (if set forth at the URL designating the Fees for the applicable SKU). Unless otherwise set forth at the applicable Fees URL, any use of the Services beyond the Reserved Units selected will be billed at standard Fee rates. Reserved Unit purchases may be made for a Reserved Unit Term.

    b. Renewal . Unless otherwise set forth in the Admin Console, after each Reserved Unit Term (if any) ends that Reserved Unit selection will automatically renew for the same Reserved Unit Term at the same quantity throughout the License Term for the applicable Service until Customer selects in the Admin Console to stop renewing or cancel the renewal (if applicable) or either party notifies the other party to cancel the renewal. A renewal cancellation will take effect after the then current Reserved Unit Term ends.

    c. Cancellation and Expiration . Unless Google agrees otherwise, Reserved Unit purchases may not be cancelled or refunded after they are placed but if Google (other than for Customer’s material breach) terminates the Agreement or discontinues providing the Services applicable to the Reserved Units, Google will refund Customer any unused prepaid Fees following that termination applicable to those previously purchased Reserved Units. If Google allows Customer to cancel a Reserved Unit purchase, Google may require Customer to pay a cancellation Fee (in an amount set forth at the URL designating the Fees for the applicable SKU). Any use of the Services after cancellation or expiration of the Reserved Units will be billed at standard Fee rates.

    d. No Resell or Transfer . Unless Google agrees otherwise, Customer may not resell or transfer Reserved Units.

9. Operation of Communications Services.

Notwithstanding the telecommunication and call related restrictions in the "Restrictions" section of the Agreement, Customer may use the Services in connection with operating communications services under the conditions of this paragraph. Customer represents that: (a) Customer will use the Services for hosting capacity only; (b) Customer 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) Customer will obtain and maintain all necessary regulatory authorizations and approvals relating to any product or service Customer provides using the Services. Any breach of the foregoing representation will be a material breach of the Agreement.

10. Definitions.

    10.1 " Committed Purchase(s) " means Customer’s commitment to spend a specified amount for use of the Services over a specified period of time, whether Customer uses those Services or not. A Committed Purchase may be made using the Admin Console or the Ordering Document (if applicable).

    10.2 " Compute Engine Configuration Data " means custom attributes, project attributes, tags, resource attributes, forwarding rules, health checks, networks, firewalls, configuration information, and other information about Compute Engine resources.

    10.3 " Core App Engine Customer Data " means only that Customer Data which is uploaded by Customer (or End Users authorized by Customer) or stored by an Application that is running on Google App Engine, where that application accesses Google App Engine through APIs available by using the Google App Engine SDK, excluding: (a) authentication information for End Users’ Google accounts, and (b) information about such data, such as access control lists (ACLs), configuration data, and operational data such as logs, system events, and metrics.

    10.4 " Core Cloud SQL Customer Data " means only that Customer Data which is uploaded by Customer (or End Users authorized by Customer) or stored by an Application using the Google Cloud SQL tools or API for storage by Google Cloud SQL, excluding information about such Customer Data, such as access control lists (ACLs), instance names, configuration data, and operational data such as logs, system events, and metrics.

    10.5 " Core Cloud Storage Customer Data " means only that Customer Data which is uploaded by Customer (or End Users authorized by Customer) or stored by an Application using the Google Cloud Storage tools or API for storage by Google Cloud Storage, excluding information about such Customer Data, such as access control lists (ACLs), bucket and object names, configuration data, and operational data such as logs, system events, and metrics.

    10.6 " Core Compute Engine Customer Data " means only that Customer Data which is uploaded by Customer (or End Users authorized by Customer) or stored by an Application using the Google Compute Engine tools or API for storage by Google Compute Engine, excluding information about such Customer Data, such as access control lists (ACLs), resource names, Compute Engine Configuration Data, and operational data such as logs, system events, and metrics.

    10.7 " Core Datastore Customer Data " means only that Customer Data which is uploaded by Customer (or End Users authorized by Customer) or stored by an Application using the Google Cloud Datastore tools or API for storage by Google Cloud Datastore, excluding (a) authentication information for End Users' Google accounts, and (b) information about such data, such as access control lists (ACLs), configuration data, and operational data such as logs, system events, and metrics.

    10.8 " Data Location Settings " means, in aggregate, the App Engine Data Location Setting, the Cloud Storage Data Location Setting, the Cloud SQL Data Location Setting, the Compute Engine Data Location Setting, and the Datastore Data Location Setting.

    10.9 " Package Purchase " means Customer’s commitment to purchase a specified package of the Services over a specified period of time, whether Customer uses those Services or not. A Package Purchase may be made using the Admin Console or the Ordering Document (if applicable).

    10.10 " Reserved Units " means a specified quantity of the Services (e.g. Google App Engine Instance hours, Google Compute Engine Instances or cores, etc.) reserved for use by Customer, which may include a specified machine type, region, and period of time to use. Any Google BigQuery Service SKUs with the designation "BQ-IQ" or "Reserved Capacity Units" are Reserved Units.

    10.11 " Reserved Unit Term " means the period of time (if applicable) within the License Term during which Customer may use the Reserved Units purchased. The Reserved Unit Term (if applicable) will be set forth at the URL designating the Fees for the applicable Reserved Unit SKU, in the Ordering Document, or in the Admin Console.

11. Third Party Additional Terms

    11.1 Red Hat Enterprise Linux . Customer'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/ .

    11.2 Microsoft Windows Server . Customer'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.

    1. Additional Terms. Google does not own the Products and the use thereof is subject to certain rights and limitations of which Google must inform Customer. Customer's right to use the Products is subject to the terms of the Agreement, and to Customer's understanding of, compliance with, and consent to the following terms and conditions, which Google does not have authority to vary, alter, or amend.
    2. Definitions.
      1. "Client Software" means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
      2. "Device" means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, "smart phone," server or other electronic device.
      3. "Server Software" means software that provides services or functionality on a computer acting as a server.
      4. "Software Documentation" means any end user document included with server software.
      5. "Redistribution Software" means the software described in Section 5 ("Use of Redistribution Software") below.
    3. 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. Customer’s possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to Customer. Customer may not remove, modify, or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Products.
    4. Use of Client Software. Customer may use the Client Software installed on Customer Devices by Google only in accordance with the instructions, and only in connection with the services, provided to Customer 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 Customer’s use of the Client Software.
    5. Use of Redistribution Software. In connection with the services provided to Customer by Google, Customer may have access to certain Microsoft "sample," "redistributable" and/or software development ("SDK") software code and tools (individually and collectively "Redistribution Software"). CUSTOMER MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS CUSTOMER 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 CUSTOMER BY GOOGLE. Microsoft does not permit Customer to use any Redistribution Software unless Customer expressly agrees to and complies with such additional terms, as provided to Customer by Google.
    6. Copies. Customer may not make any copies of the Products; provided, however, that Customer may (a) make one copy of Client Software on Customer Device as expressly authorized by Google; and (b) Customer may make copies of certain Redistribution Software in accordance with Section e (Use of Redistribution Software). Customer 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 Customer Device to another person or entity, whichever occurs first. Customer may not copy any printed materials accompanying the Products.
    7. Limitations on Reverse Engineering, Decompilation and Disassembly. Customer 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.
    8. No Rental. Customer 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.
    9. Termination. Without prejudice to any other rights, Google may terminate Customer’s rights to use the Products if Customer fails to comply with the terms and conditions in Section 11.2. In the event of termination or cancellation of the Agreement or Google’s agreement with Microsoft under which the Products are licensed, Customer must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts.
    10. 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.
    11. Product Support. Any support for the Products is provided to Customer by Google and is not provided by Microsoft, its affiliates or subsidiaries.
    12. 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.
    13. Liability for Breach. In addition to any liability Customer may have to Google, Customer agrees that Customer will also be legally responsible directly to Microsoft for any breach of the terms and conditions of Section 11.2.
    14. Provision of Information to Microsoft. Customer acknowledges that Google will provide Customer’s billing country and state/province information to Microsoft.

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