The Results displayed by the Service will be determined by some or all of the following: (a) the web sites over which the search is to be restricted or filtered, as provided by you in the Service; (b) labels created by You; or (c) other Service features that Google may make available from time to time as described in the Service documentation, which can be found at http://www.google.com/support/customsearch/bin/answer.py?answer=1714300 or other URL that Google may make available from time to time at its sole discretion.
1.4 Appropriate Conduct. You shall not, and shall not allow any third party to: (a) edit, modify, truncate, filter or change the order of the information contained in any Results (either individually or collectively), including, without limitation, by way of commingling Results with non-Google provided search results or advertising; (b) frame any Results or Results Page except as provided for in the Service documentation; (c) display any Results in pop-up, pop-under, exit windows, expanding buttons, or animation; (d) display any Results to any third parties other than End Users; (e) minimize, remove or otherwise inhibit the full and complete display of any Results Page (including any Results); (f) directly or indirectly access, launch and/or activate the Service through or from, or otherwise incorporate the Service in, any Web site or other means other than the Site, and then only to the extent expressly permitted herein; (g) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorized purposes any Service or access thereto (including, but not limited to Results, or any part, copy or derivative thereof); (h) enter into any arrangement or agreement under which any third party pays You fees for the usage of the Service, You pay any third party feesfor the usage of the Service, or either shares in any revenue payments and/or royalties for any Results; (i) directly or indirectly generate queries, or impressions of or clicks on Results, through any automated, deceptive, fraudulent or other invalid means (including, but not limited to, click spam, robots, macro programs, and Internet agents); (j) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Service or any other Google technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (k) remove, deface, obscure, or alter Google's copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of any Service or any other Google technology, software, materials and documentation; (l) "crawl", "spider", index or in any non-transitory manner store or cache information obtained from the Service (including, but not limited to, Results, or any part, copy or derivative thereof); (m) create or attempt to create a substitute or similar service or product through use of or access to any of the Service or proprietary information related thereto; and/or (n) engage in any action or practice that reflects poorly on Google or otherwise disparages or devalues Google's reputation or goodwill. Further, the Site shall not contain any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, Service policies, or any third party rights.
1.5 Non-Exclusivity. During the Term, if You provide non-Google search services on any Site, You will ensure that such non-Google search services cannot reasonably be confused with or mistaken for those provided by Google. You further understand that Google will provide the Service to You on a nonexclusive basis, and that Google will continue to customize and provide its services to other parties for use in connection with a variety of applications, including search engine applications.
1.6 Advertising. The Results Page or associated elements provided by Google through the Service may contain advertising, which You agree to display. The Service is compatible with, and You may apply for, the Google Adsense program (www.google.com/adsense), subject to the Adsense Terms and Conditions.
2. Proprietary Rights.
2.3 Attribution. The Search Box shall conspicuously display a graphic that indicates that the Service is provided by Google. Google’s branding guidelines at http://cse.google.com/docs/branding.html provide a set of graphic options available. The graphic shall link to the Google site located at http://www.google.com or such other address as Google may designate from time to time during the Term.
2.4 Digital Millennium Copyright Act. It is Google's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please see http://www.google.com/dmca.html.
Use of Your Brand Features in Google Materials. To the extent applicable, Google may include Your Brand Features in presentations, marketing materials, and customer lists (which includes, without limitation, customer lists posted on Google's websites and screen shots of the Services). Upon Your request, Google will furnish You with a sample of such usage. Without Google's prior approval, You shall not issue a press release, or any public announcement involving Google Brand Features, concerning Your participation in the Service pursuant to this Agreement.
Metadata Content. For purposes of this section, the following capitalized terms will have the meanings set forth below.
“Google Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with Google. For these purposes, “control” includes control over greater than fifty percent (50%) of the voting rights or equity interests of Google.
“Google End Users” means end users who access or use the Google Services.
“Google Services” means Google’s products and services that are accessible through and otherwise provided by various computer and electronic technologies, networks (syndicated and otherwise) and systems, including, without limitation, Internet-based services and products accessible through the Google Sites and any Google syndication partner sites.
“Google Site” means any website located at a domain owned by Google or a Google Affiliate, including all subdomains and directories thereof, and all successor sites thereto.
“Metadata Content” means (a) the metadata provided by Customer to Google pursuant to Customer’s use of Programmable Search Engine, including, but not limited to, labels, attributes and Customer’s submitted associations between labels, attributes and URLs, (b) any text, data, images, and other content provided and/or authored by Customer in connection with Customer’s information to be displayed to End Users, and (c) any Nickname(s) chosen by Customer, and (d) if Customer elects to so participate, any ratings, reviews and comments provided by Customer to Google pursuant to Programmable Search Engine; and any Updates thereto provided to Google by Customer.
“Nickname(s)” means the name that Customer may select by which Customer and Customer’s Metadata Content shall be identified to End Users; and Updates thereto.
“Updates” means updates, refreshes, corrections and/or other modifications.
Subject to the terms and conditions of this Agreement, Customer hereby grants to Google a irrevocable, perpetual, nonexclusive, worldwide and royalty-free right and license to (i) use, copy, modify, distribute, create derivative works based on and display (publicly or otherwise) the Metadata Content through the Google Services, and (ii) allow Google End Users to access and use the Metadata Content through the Google Services. Google may use consultants and other contractors in connection with the performance of its obligations and exercise of its rights under this section, provided that such consultants and contractors will be subject to the same obligations as Google. The license granted hereunder may not be sublicensed by Google, except to Google Affiliates, its syndication partners or the syndication partners of any Google Affiliate and Google End Users in connection with their use of the Google Services.
Except for the license granted under this section, Customer retains any right, title and interest in and to the Metadata Content. In addition, Customer retains all rights to all other content authored or owned by Customer, to the extent not otherwise licensed or transferred to Google pursuant to other agreements, to which such Metadata Content is attached or associated and used in connection with Programmable Search Engine.
Notwithstanding anything to the contrary, Customer understands and agrees that nothing in this Agreement will prevent or restrict Google from using data Google obtains from a source other than Customer under this section. Customer acknowledges and agrees that it will not have any right, title or interest in any information, content, or data used by Google in conjunction or association with the Metadata Content, and Customer shall not make any claim of ownership or interest in any such information, content, or data. Google and/or its licensors retain all right, title and interest in and to the Google Services, the Google Sites and all content or data forming part of or displayed as part of or through the Google Services or Google Sites, other than the Metadata Content.
Customer shall be responsible for accepting and responding to any communication, modification or removal requests initiated by a party that is listed in or otherwise has rights in the Metadata Content where such communication arises out of having its information on the Google Services and pertains to the Metadata Content.
The rights granted to Google herein include the right to display portions of the Metadata Content on Google Services, Google Sites, Google syndication partner sites and Google Affiliate syndication partner sites, and display any links to web page(s) on which such portions of the Metadata Content reside, all as determined by Google in its sole discretion; provided that, notwithstanding anything to the contrary, nothing in this section obligates Google to make available to Google End Users any or all of the Metadata Content. Google will have the sole right to determine the placement and location of the selected Metadata Content through the Google Services. For the sake of clarity, each party retains sole discretion with respect to the look-and-feel, display and operation of its respective services and websites.
4. Warranties and Disclaimer.
4.1 Google Disclaimer of Warranties. GOOGLE MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND BRAND FEATURES. THE SERVICE AND BRAND FEATURES ARE DISTRIBUTED AND PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. GOOGLE DOES NOT WARRANT THAT THE GOOGLE SERVICE AND BRAND FEATURES WILL MEET YOUR REQUIREMENTS OR THAT PERFORMANCE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING ANY ERRORS OR OMISSIONS IN THE SEARCH RESULTS OBTAINED THROUGH USE OF THE SERVICE. GOOGLE MAKES NO WARRANTY THAT PROGRAMMABLE SEARCH ENGINE WILL INCLUDE ALL DOMAINS SPECIFIED BY YOU. UNDER NO CIRCUMSTANCES SHALL GOOGLE BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).
7. Term and Termination.
7.6 Remedies. You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to Google, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Google may be legally entitled, Google shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.