Download
Features
Testimonials
Getting Started
Desktop Blog
Help Center
Discuss with others
Enterprise Edition
|
Terms and Conditions - Canada
Thank you for trying out Google Desktop Search! By using this software, including any third party software made available in conjunction with this software (Google Desktop Search), you agree to be bound by the following terms and conditions (the "Terms and Conditions").
Non-commercial Use Only
Google Desktop Search is made available to you by Google Inc. ("Google") for your non-commercial use only. If you want to make commercial use of Google Desktop Search, including but not limited to selling or distributing Google Desktop Search for payment, you must enter into an agreement with Google or obtain Google's written permission in advance.
Prohibited Actions
You may not distribute Google Desktop Search or any services or software associated with or derived from it, modify, copy, license, or create derivative works from Google Desktop Search, unless you obtain Google's written permission in advance. If you wish to do any of the above, please contact us by visiting desktop.google.com/feedback.html.
Distribution
Once you have obtained Google's permission, you may make copies of Google Desktop Search and distribute such copies to others provided that any such recipient has had an opportunity to review and agree to be bound by these Terms and Conditions. If others to whom you’d like to distribute Google Desktop Search do not have this opportunity to review and agree to these Terms and Conditions but you would still like to distribute copies to them, you may do so provided that you have the legal right to bind each of those third parties to these Terms and Conditions. If you do not have this right and the recipients do not have an opportunity to review and agree to these Terms and Conditions, you may not distribute Google Desktop Search to them. If you have any questions regarding the terms of distribution, please contact us by visiting desktop.google.com/feedback.html.
Consent to Collect Non-Personal Information
Google Desktop Search may collect certain non-personally identifiable information that resides on your computer, including, without limitation, the number of searches you do and the time it takes to see your results. Unless you choose to opt out, either during installation or at any time after installation, non-personal information collected will be sent to Google. This information will be used by Google only for purposes of operating and improving future versions of Google Desktop Search and will not be disclosed to any third party or used for any purpose other than as described in this agreement. To learn more, please read the Privacy Policy located at desktop.google.com/privacypolicy.html.
Intellectual Property
You acknowledge that Google or third parties own all right, title and interest in and to Google Desktop Search, portions thereof, or software provided through or in conjunction with Google Desktop Search, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Google Desktop Search, or to extract significant portions of Google Desktop Search's files for use in other applications. You also agree to not remove, obscure, or alter Google's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Google Desktop Search.
Feedback
If you have comments on Google Desktop Search or ideas on how to improve it, please visit desktop.google.com/feedback.html. Please note that by doing so, you also grant Google and third parties permission to use and incorporate your ideas or comments into Google Desktop Search (or third party software) without further compensation.
Changes to Terms and Conditions
Google reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at desktop.google.com/eulaca.html (or such successor URL as Google may provide), so that you will be apprised of any changes.
Disclaimer of Warranties and Conditions
Google and any third party who makes its software available in conjunction with or through Google Desktop Search disclaim any responsibility for any harm resulting from your use of Google Desktop Search and/or any third party software accessed in conjunction with or through Google Desktop Search. GOOGLE DESKTOP SEARCH AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP SEARCH ARE PROVIDED "AS IS," WITH NO WARRANTIES OR CONDITIONS WHATSOEVER. GOOGLE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOOGLE AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP SEARCH DISCLAIM ANY WARRANTIES OR CONDITIONS REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GOOGLE DESKTOP SEARCH AND SUCH THIRD PARTY SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE GOOGLE DESKTOP SEARCH AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP SEARCH AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF GOOGLE DESKTOP SEARCH AND SUCH THIRD PARTY SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GOOGLE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP SEARCH BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GOOGLE DESKTOP SEARCH OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOOGLE AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GOOGLE DESKTOP SEARCH AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP SEARCH, FROM INABILITY TO USE GOOGLE DESKTOP SEARCH AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP SEARCH, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOOGLE DESKTOP SEARCH AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP SEARCH (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual jurisdiction or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Google and/or a third party who make its software available in conjunction with or through Google Desktop Search.
|