SERVICES, THE GOOGLE PROTOCOL, OR ANY OTHER GOOGLE TECHNOLOGY, CONTENT,
DATA, ROUTINES, ALGORITHMS, METHODS, IDEAS DESIGN, USER INTERFACE TECHNIQUES,
SOFTWARE, MATERIALS, AND DOCUMENTATION;
(N)
REMOVE, DEFACE, OBSCURE, OR ALTER GOOGLE'S COPYRIGHT NOTICE,
TRADEMARKS OR OTHER PROPRIETARY RIGHTS NOTICES AFFIXED TO OR PROVIDED AS A PART
OF ANY SERVICES, THE GOOGLE PROTOCOL, OR ANY OTHER GOOGLE TECHNOLOGY, SOFTWARE,
MATERIALS AND DOCUMENTATION;
(O)
"CRAWL", "SPIDER", INDEX OR IN ANY NON-TRANSITORY MANNER STORE OR
CACHE INFORMATION OBTAINED FROM THE SERVICES (INCLUDING, BUT NOT LIMITED TO,
SEARCH RESULTS AND/OR ADVERTISING RESULTS, OR ANY PART, COPY OR DERIVATIVE
THEREOF); OR
(P)
CREATE OR ATTEMPT TO CREATE A SUBSTITUTE OR SIMILAR SERVICE OR
PRODUCT THROUGH USE OF OR ACCESS TO ANY OF THE SERVICES OR PROPRIETARY
INFORMATION RELATED THERETO.
FURTHER, NO SITE OR CUSTOMER CLIENT APPLICATION SHALL 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, OR ANY THIRD PARTY RIGHTS.
3.2
IMPLEMENTATION.
CUSTOMER SHALL ENSURE THAT THERE IS NO USE OF OR ACCESS
TO ANY SERVICES THROUGH CUSTOMER'S PROPERTIES WHICH ARE NOT IN COMPLIANCE WITH
THE TERMS OF THE AGREEMENT OR NOT OTHERWISE APPROVED BY GOOGLE, AND CUSTOMER
SHALL MONITOR AND DISABLE ANY SUCH ACCESS OR USE BY UNAUTHORIZED PARTIES
(INCLUDING, BUT NOT LIMITED TO, SPAMMERS OR ANY THIRD PARTY SITES).
***
3.3
***
4
OWNERSHIP; LICENSE GRANTS.
4.1
GOOGLE RIGHTS.
GOOGLE SHALL OWN ALL RIGHT, TITLE AND INTEREST,
INCLUDING WITHOUT LIMITATION ALL INTELLECTUAL PROPERTY RIGHTS (AS DEFINED
BELOW), RELATING TO THE SERVICES (AND ANY DERIVATIVE WORKS OR ENHANCEMENTS
THEREOF), INCLUDING BUT NOT LIMITED TO, ALL SOFTWARE, TECHNOLOGY, INFORMATION,
CONTENT, MATERIALS, GUIDELINES, DOCUMENTATION, AND THE GOOGLE PROTOCOL.
CUSTOMER SHALL NOT ACQUIRE ANY RIGHT, TITLE, OR INTEREST THEREIN, EXCEPT FOR THE
LIMITED USE RIGHTS EXPRESSLY SET FORTH IN THE AGREEMENT.
ANY RIGHTS NOT
EXPRESSLY GRANTED HEREIN ARE DEEMED WITHHELD.
4.2
CUSTOMER RIGHTS.
CUSTOMER, ITS LICENSORS, OR OTHER APPLICABLE THIRD
PARTY PROVIDERS OWN ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE CUSTOMER
CONTENT.
GOOGLE SHALL NOT ACQUIRE ANY RIGHT, TITLE OR INTEREST IN OR TO SUCH
CUSTOMER CONTENT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
ANY RIGHTS NOT EXPRESSLY
GRANTED HEREIN ARE DEEMED WITHHELD.
4.3
BRAND FEATURES; LICENSE GRANT.
4.3.1
Brand Features.
Each party shall own all right, title and
interest, including without limitation all Intellectual Property Rights,
relating to its Brand Features.
Some, but not all examples of Google Brand
Features are located at:
(or
such other URLs Google may provide from time to time).
Except to the limited
extent expressly provided in this Agreement, neither party grants, and the other
party shall not acquire, any right, title or interest (including, without
limitation, any implied license) in or to any Brand Features of the first party;
and all rights not expressly granted herein are deemed withheld.
All use by
Google of Customer Brand Features (including any goodwill associated therewith)
shall inure to the benefit of Customer and all use by Customer of Google Brand
Features (including