1 Picasa End User License Agreement
2 Thank you for trying out the Picasa software! By using this software,
3 including certain third party software made available in conjunction
4 with this software but not including software provided in source form
5 and expressly licensed under other terms as set forth at
6 http://code.google.com, ("Picasa Software"), you agree to accept a
7 license under and be bound by the following terms and conditions of
8 this agreement (the "Agreement") with Picasa LLC and Google Inc.
9 (collectively referred to herein as ?Google?):
11 Non-Commercial Use Only
13 Picasa Software is made available to you for your non-commercial use
14 only. This means that you may use it at work or at home, but you first
15 need to obtain Google's permission if you want to sell the Picasa
16 Software or any information, services, or software associated with or
17 derived from the Picasa Software, or if you want to modify, copy (except
18 as explicitly provided below), license, or create derivative works from
19 the Picasa Software (collectively, ?Commercial Use?).
21 In the event that you would like to use the Picasa Software for
22 Commercial Use, please contact us requesting permission for such
23 Commercial Use (and detailing the specific type of Commercial Use
24 requested) at http://www.google.com/picasasupport. You may not use the
25 Picasa Software in any manner that could damage, disable, overburden, or
26 impair Google?s services (e.g., you may not use the Picasa Software in
27 an automated manner), nor may you use Picasa Software in any manner that
28 could interfere with any other party's use and enjoyment of Google's
31 This Agreement allows you to install and use the Picasa Software on a
32 single computer. You may make copies of the Picasa Software and
33 distribute such copies to other persons employed by your employer?s
34 organization, provided that each such recipient has had an opportunity
35 to review and agrees to be bound by this Agreement prior to any use of
36 the Picasa Software. If others employed by your employer?s
37 organization do not have this opportunity to review and/or do not
38 individually agree to be bound by this Agreement and you would still
39 like to distribute copies to them, you may do so provided that you have
40 the legal right to bind your employer?s organization and others within
41 your employer?s organization to this Agreement. If you do not have this
42 right and the recipients do not have an opportunity to review and/or do
43 not agree to be bound by this Agreement, you may not distribute the
44 Picasa Software to them. If you have any questions regarding the terms
45 of distribution, please contact us at
46 http://www.google.com/picasasupport.
48 For each copy of the Picasa Software authorized under this license, you
49 may make one backup copy, provided your backup copy is not installed or
50 used concurrently on different computers. You must reproduce on any such
51 copy all copyright notices and any other proprietary legends on the
52 original copy of the Picasa Software. Google is not obligated to provide
53 maintenance, support, or updates to you for the Picasa Software.
55 If you have comments on the Picasa Software or ideas on how to improve
56 it, please contact us at http://www.google.com/picasasupport. Please
57 note that by doing so, you also grant to Google and third parties
58 permission to use and incorporate your ideas or comments into the Picasa
59 Software (or third party software) without further compensation.
63 You agree that you will use the Picasa Software in compliance with all
64 applicable local, state, national, and international laws, rules and
65 regulations, including any laws regarding the transmission of technical
66 data exported from your country of residence. You shall not agree to,
67 and shall not authorize or encourage any third party to: (i) use the
68 Picasa Software to upload, transmit or otherwise distribute any content
69 that is unlawful, defamatory, harassing, abusive, fraudulent, obscene,
70 contains viruses, or is otherwise objectionable; (ii) upload, transmit
71 or otherwise distribute content that infringes upon another party's
72 intellectual property rights or other proprietary, contractual or
73 fiduciary rights or obligations; (iii) use the Picasa Software for any
74 fraudulent or inappropriate purpose; or (iv) act in any way that
75 violates this Agreement, as may be revised from time to time. Violation
76 of any of the foregoing may result in immediate termination of this
77 license, and may subject you to state, national and/or international
78 penalties and other legal consequences.
82 The Picasa Software may communicate with Google's servers to check for
83 available updates to the Picasa Software, such as bug fixes, patches,
84 enhanced functions, missing plug-ins and new versions (collectively,
85 "Updates"). During this process, the Picasa Software creates a randomly
86 generated number for updating the software, which is not associated with
87 any personally identifying information. The Picasa Software sends
88 Google a request for the latest Picasa Software version information. If
89 a newer version is available, the Picasa Software will give you the
90 option of downloading it. The Picasa Software asks for permission before
91 downloading an updated version. If you wish to disable the automated
92 check for updates, please see the FAQ
93 [http://picasa.google.com/support/bin/answer.py?answer=11249] for
94 details. By installing the Picasa Software and not disabling the
95 automated check for Updates, you hereby agree to automatically request
96 and receive Updates from Google's servers.
100 You acknowledge that Google, its subsidiaries and affiliates, and/or
101 third parties own all right, title and interest in and to the Picasa
102 Software, portions thereof, and any software or other materials (not
103 including user photos or message text) provided through or in
104 conjunction with the Picasa Software, including without limitation all
105 intellectual property rights. You agree not to modify, adapt, translate,
106 prepare derivative works from, decompile, reverse engineer, disassemble
107 or otherwise attempt to derive source code from the Picasa Software. You
108 also agree to not remove, obscure, or alter Google's or any third
109 party's copyright notice, trademarks, or other proprietary rights
110 notices affixed to or contained within or accessed in conjunction with
111 or through the Picasa Software.
113 Disclaimer of Warranties
115 To the fullest extent permitted by applicable law, Google and its
116 licensors and suppliers disclaim any responsibility for any harm
117 resulting from your use of the Picasa Software and/or any third party
118 software accessed in conjunction with or through the Picasa Software.
120 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PICASA SOFTWARE
121 AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR
122 THROUGH THE PICASA SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES. TO
123 THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS LICENSORS
124 AND SUPPLIERS EXPRESSLY DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY
125 WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
126 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
127 OF PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY,
128 RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PICASA SOFTWARE AND SUCH
129 THIRD PARTY SOFTWARE.
131 YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE PICASA
132 SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH
133 OR THROUGH THE PICASA SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT
134 YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM
135 OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF PICASA SOFTWARE
136 AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO
137 NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
138 MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
139 STATE TO STATE AND JURISDICTION TO JURISDICTION.
141 Limitation of Liability
143 UNDER NO CIRCUMSTANCES SHALL GOOGLE, ITS SUBSIDIARIES AND AFFILIATES OR
144 ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT
145 USER'S USE OR MISUSE OF THE PICASA SOFTWARE. SUCH LIMITATION OF
146 LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
147 INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES
148 WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
149 NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY
150 WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
151 PICASA SOFTWARE, FROM INABILITY TO USE PICASA SOFTWARE OR FROM THE
152 INTERRUPTION, SUSPENSION, OR TERMINATION OF PICASA SOFTWARE (INCLUDING
153 SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY
154 NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND
155 TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER
156 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
157 INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
158 EXCLUSIONS MAY NOT APPLY TO YOU.
160 Further Limitation of Liability
162 It is your responsibility to ensure that you obtain all consents,
163 authorizations and clearances in any data or photographs owned or
164 controlled by third parties that you transmit, access or communicate to
165 others using the Picasa Software. Google will not be liable in any way
166 (a) for any errors or omissions in any photographs or data, or for any
167 loss or damage of any kind incurred as a result of any data transmitted
168 via the Picasa Software; (b) if you are exposed to photographs or data
169 that are offensive, indecent or objectionable; or (c) for any violations
170 of copyright or other proprietary rights as a result of your use of the
175 It is your responsibility to ascertain whether any copyright or other
176 licenses for use of content are necessary and to obtain any such
177 licenses. You agree to copy, distribute, display, and modify only those
178 materials which you have the necessary permission to use. You agree to
179 hold harmless and indemnify Google and its subsidiaries, affiliates, and
180 their respective officers, agents, and employees from and against any
181 third party claim arising from or in any way related to your use of the
182 Picasa Software, including any liability or expense arising from all
183 claims, losses, damages (actual and consequential), suits, judgments,
184 litigation costs and attorneys' fees, of every kind and nature. In such
185 a case, Google will provide you with written notice of such claim, suit
188 Data Practices and Privacy Policy
190 The Picasa Software does not require you to provide any personally
191 identifying information, such as your name or email address. If you send
192 a request to Google?s servers, we record standard log information,
193 including Internet Protocol addresses and information related to your
194 request. We also log information about the installation process and
195 your system and settings when you download Picasa. We will ask before
196 collecting personally identifying information from you and give you an
197 opportunity to opt out. For a full description of how Google handles
198 personal information, please see the Google Privacy Policy
199 [http://www.google.com/intl/en/privacy.html] and the related Picasa FAQs
200 [http://picasa.google.com/support].
202 Accessing Other Sites and Servers from Picasa
204 If you access web sites or servers from the Picasa website or the
205 Picasa Software, your computer will send standard log information,
206 including your IP address. The site you visit may log this information.
207 If you use the Picasa website or the Picasa Software to link to a
208 merchant site that requires a log-in, you can opt to have Picasa and/or
209 Google save an encrypted copy of your log-in information on your
212 U.S. Government Restricted Rights
214 The Picasa Software and Documentation are "Commercial Items," as that
215 term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
216 Software" and "Commercial Computer Software Documentation," as such
217 terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as
218 applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1
219 through 227.7202-4, as applicable, the Commercial Computer Software and
220 Commercial Computer Software Documentation are being licensed to U.S.
221 Government end users (a) only as Commercial Items and (b) with only
222 those rights as are granted to all other end users pursuant to the terms
223 and conditions herein.
227 The Picasa Software is subject to the export control laws of the United
228 States and applicable export and import control laws of other countries.
229 You agree to comply with and use the Picasa Software in a manner
230 consistent with such applicable laws. All rights to use the Picasa
231 Software are granted on condition that such rights are forfeited if you
232 fail to comply with this Agreement.
234 Miscellaneous Provisions
236 This Agreement will be governed by and construed in accordance with the
237 laws of the State of California, without giving effect to the conflict
238 of laws provisions of California or your actual state or country of
239 residence. This Agreement will not be governed by the United Nations
240 Convention on Contracts for the International Sale of Goods, the
241 application of which is expressly excluded. If for any reason a court
242 of competent jurisdiction finds any provision or portion of this
243 Agreement to be unenforceable, the remainder of this Agreement will
244 continue in full force and effect.
246 This Agreement constitutes the entire agreement between the parties
247 with respect to the subject matter hereof and supersedes and replaces
248 all prior or contemporaneous understandings or agreements, written or
249 oral, regarding such subject matter. Any waiver of any provision of this
250 Agreement will be effective only if in writing and signed by Google.
254 IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY SIMPLY CEASE USING THE
255 PICASA SOFTWARE AND FOLLOW THE UNINSTALL INSTRUCTIONS. GOOGLE RESERVES
256 THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR AUTHORIZATION TO USE THE
257 PICASA SOFTWARE AT ANY TIME WITHOUT CAUSE.