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OnHub Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING YOUR ONHUB DEVICE. BY CLICKING "ACCEPT", OR BY USING THE ONHUB DEVICE YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS, UNLESS YOU RETURN THE ONHUB DEVICE IN ACCORDANCE WITH ANY APPLICABLE RETURN POLICIES. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, DO NOT USE THE ONHUB DEVICE.

 

Your OnHub device includes software, such as the operating system executable code, embedded software, third-party software, firmware, fonts, and other data, including any updates, whether on disk, in read only memory, on any other media in any other form (referred to collectively as the "Software"). The following terms apply to the Software and your use of the Software with your OnHub device.

1. Your relationship with Google

1.1  Your use of the Software and your use of the Software with Google’s products, software, services and web sites (referred to collectively as the “Services” in this document, defined below in Section 7, and excluding any services provided to you by Google under a separate written agreement) is subject to the terms of a legal agreement between you and Google. "Google" means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2  Unless otherwise agreed in writing with Google, your agreement with Google will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "OnHub Terms".

1.3  Certain components of the Software, and third party open source programs included with the Software, are available under an open-source software license agreement.  (referred to collectively as the "Open-Sourced Components"). These open-source software licenses constitute separate written agreements and govern your use of the Open-Sourced Components. These OnHub Terms do not limit your rights under, or grant you rights that supersede, the terms and conditions of any applicable end user license for the Open-Sourced Components.

1.4  Your agreement with Google may also include any additional terms or legal notices applicable to the Services. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.5  The OnHub Terms, together with the Additional Terms, form a legally binding agreement between you and Google in relation to your use of the Software and Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".

1.6  If there is any contradiction between what the Additional Terms say and what the OnHub Terms say, then the Additional Terms shall take precedence in relation to that Service or that component of the Software.

2. Accepting the Terms

2.1  In order to use the Software, you must first agree to the Terms. You may not use the Software if you do not accept the Terms.

2.2  You can accept the Terms by either  clicking to accept or agree to the Terms, where this option is made available to you by Google in the user interface, or by actually using the Software or OnHub device. In this case, you understand and agree that Google will treat your use of the Software or device as acceptance of the Terms from that point onwards.

3. License from Google

3.1  Subject to your compliance with the Terms, Google grants you a limited non-exclusive license to use the Software on a single OnHub device. This license is for the sole purpose of enabling you to use and enjoy the Software as provided by Google, in the manner permitted by the Terms.

3.2  Subject to Sections 1.2 and 3.4 and to the law applicable in your jurisdiction, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any services provided by the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Google, in writing.

3.3  Subject to Sections 1.2 and 3.4, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

3.4  You may make a one-time permanent transfer of all of your license rights to the Software to another party in connection with the transfer of ownership of your OnHub device, provided that: (a) the transfer includes your OnHub device and all of the Software; (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of these Terms.

4. Software updates

4.1  The Software may automatically download and install updates from time to time from Google. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Google to deliver these to you) as part of your use of the Software.

4.2  These Terms will govern any upgrades or updates provided by Google that replace and/or supplement all or part of the original Software or Service, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.

4.3  Google may, but is not obligated to, provide any updates, maintenance, warranty, technical or other support, or services for any Open-Sourced Components.

5. Provision of the Services by Google

5.1 Google has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Google itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

5.2 Google is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Google provides may change from time to time without prior notice to you.

5.3 As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing one or more of the Services (or any features within the Services) to you or to users generally at Google's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Google when you stop using the Services.

5.4 Some of the Services require you to use a Google Account. If you use a Google Account in connection with the Service, you agree to follow the Google Terms of Service, which are incorporated into this agreement as Additional Terms.  In the event any terms in the Google Inc. Terms of Service conflict with any of the OnHub Terms of Service, the OnHub Terms of Service will control.

5.5 You acknowledge and agree that if Google disables access to your Google Account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

6. Use of the Services by you

6.1 You agree to use the Services only for purposes that are permitted by:
the Terms; and
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

6.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

6.3 Unless you have been specifically permitted to do so in a separate agreement with Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

6.4 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Google may suffer) of any such breach.  You (and not Google) are responsible for the acts or omissions of all users of your OnHub device or the Services, including content they may upload or download and any transactions they attempt or complete.

7. Privacy and your personal information

7.1 Please read Google's Privacy Policy, which explains how Google treats your personal information, and protects your privacy, when you use the Software and the Services.

7.2 You agree that Google may collect and use technical and related information, including but not limited to information about your computer and/or mobile device, operating system, peripherals, applications, connected devices, network traffic, and data use to facilitate the provision of the Software and Services, including support and other related services. The OnHub Privacy FAQ describes the categories of data collected and how you can use privacy settings to change what data is collected by the Services.

8. Content in the Services

8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

8.2 You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the individuals or organizations who provide that Content to Google (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement.

8.3 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services.

9. Proprietary rights

9.1 You acknowledge and agree that Google (or Google's licensors) own all legal right, title and interest in and to the Software and the Services, including any intellectual property rights which subsist in the Software and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

9.2 Unless you have agreed otherwise in writing with Google, nothing in the Terms gives you a right to use any of Google's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

9.3 Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf.

9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Software or the Services.

9.5 Unless you have been expressly authorized to do so in writing by Google, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

10. Ending your relationship with Google

10.1 The Terms will continue to apply until terminated by either you or Google as set out below.

10.2 Google may at any time, terminate its legal agreement with you if:
you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
Google is required to do so by law (for example, where the provision of the Software or Services to you is, or becomes, unlawful); or
the partner with whom Google offered the Software or Services to you has terminated its relationship with Google or ceased to offer the Software or Services to you; or
Google is transitioning to no longer providing the Software or Services to users in the country in which you are resident or from which you use the service; or
the provision of the Software or Services to you by Google is, in Google's opinion, no longer commercially viable.

10.3 When these Terms come to an end, you will cease using the Software and Services.

11. EXCLUSION OF WARRANTIES

11.1 Nothing in these terms, including Sections 12 and 13, shall exclude or limit Google's, its subsidiaries', affiliates', or licensors' liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties, terms or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. Nothing in these Terms, including Sections 11 and 12, will affect your statutory rights.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRATY IN WRITING BY GOOGLE. GOOGLE AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

11.3 Google and its subsidiaries, affiliates, and licensors do not warrant that the Software or Services will operate error-free or uninterrupted.

11.4 Google and its subsidiaries, affiliates and licensors do not represent or warrant that the Software or Services are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.

12. LIMITATION OF LIABILITY

12.1 Subject to overall provisions in Sections 12 and 13, you expressly understand and agree that Google:
shall only be responsible for loss or damage you suffer that is a foreseeable result of (i) our breach of these Terms and typical for this type of agreement; or (ii) our negligence up to the limit specified in Section 12.2 below. Loss or damage is foreseeable if it is an obvious consequence of our breach.
shall not have any liability to you for any incidental, special, or consequential damages, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, whether or not Google, its subsidiaries, affiliates, and licensors have been advised of the possibility of such loss or damage.

12.2 Google's maximum aggregate liability to you under or in connection with these Terms whether in contract, tort (including negligence) or otherwise shall in all circumstances be limited to USD $50. This cap on liability does not apply to the types of loss set out in Section 12.3.

12.3 Nothing in these Terms shall limit or exclude Google's liability for:
death or personal injury caused by the negligence of Google;
fraud or fraudulent misrepresentation;
any damage caused as a result of a breach of a mandatory statutory liability (including, without limitation, any liability in relation to breaches of mandatory product liability law); or
any other liability that cannot be excluded or limited applicable laws in your jurisdiction.

12.4 Sections 12.1, 12.2 and 12.3 shall apply to the liability of Google, its subsidiaries, affiliates and licensors

13. Government end users

13.1 The Software and related documentation are "commercial items", as that term is defined at 48 C.F.R. §2.101, consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the commercial computer software and commercial computer software documentation are being licensed to U.S. Government end users (a) only as commercial items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

14. Other content

14.1 The Services may include hyperlinks to other web sites or content or resources. Google may have no control over any web sites or resources which are provided by companies or persons other than Google.

14.2 You acknowledge and agree that Google (i) is not responsible for the availability of any such external sites or resources; (ii) is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspects of any such external sites or resources; and (iii) does not endorse any advertising, products or other materials on or available from such web sites or resources.

14.3 You acknowledge and agree that Google is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

15. Language of the Terms

15.1 Where Google has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Google.

15.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

16. Changes to the Terms

16.1 Google may make changes to the OnHub Terms or Additional Terms from time to time. When these changes are made, Google will make a new copy of the OnHub Terms available at [insert link] and any new Additional Terms will be made available to you from within, or through, the affected Software or Services.

16.2 You understand and agree that if you use the Software or Services after the date on which the OnHub Terms or Additional Terms have changed, Google will treat your use as acceptance of the updated OnHub Terms or Additional Terms.

17. General legal terms

17.1 Sometimes when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

17.2 The Terms constitute the whole legal agreement between you and Google and govern your use of the Software or Services (but excluding any services which Google may provide to you under a separate written agreement), and completely replace any prior agreements between you and Google in relation to the Software and Services

17.3 You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

17.4 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 formal waiver of Google's rights and that those rights or remedies will still be available to Google.

17.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these 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.

17.6 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

17.7 The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country's laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts.

 

[Effective as of Aug 18, 2015]

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