Google Maps/Earth Additional Terms of Service Last Modified

Google Maps/Earth Additional Terms of Service

Last Modified: March 1, 2012

By downloading, installing, or using the Google Earth software, accessing or using the Google Maps service (together, the "Products" or "Services"), or accessing or using any of the content available within the Products, you agree to be bound by the following: (1) the Google Terms of Service (the "Universal Terms"); (2) the terms found on our Legal Notices page (the "Legal Notices"); and (3) the additional terms and conditions set forth below (the "Additional Terms"). Before you continue, you should read each of these three documents, as together they form a binding agreement between you and Google regarding your use of the Products. Collectively, the Universal Terms, the Legal Notices, and the Additional Terms are referred to as the "Terms".

As a condition of downloading, accessing, or using the Products, you also agree to the terms of the Google Privacy Policy.

1. Use of the Products. Google grants you a non-exclusive, non-transferable license to access the Google Maps service, to download and use the Google Earth software and service, and to access the Content (as defined below) within the Products and according to the Terms.

2. Restrictions on Use. Unless you have received prior written authorization from Google (or, as applicable, from the provider of particular Content), you must not:
(a) copy, translate, modify, or make derivative works of the Content or any part thereof;
(b) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or Content available to third parties;
(c) reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;
(d) use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;
(e) delete, obscure, or in any manner alter any warning or link that appears in the Products or the Content; or
(f) use the Service or Content with any products, systems, or applications for or in connection with (i) real time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user's sensor-enabled device; or (ii) any systems or functions for automatic or autonomous control of vehicle behavior;
(g) use the Products to create a database of places or other local listings information.

3. Appropriate Conduct; Compliance with Law and Google Policies. You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are proper and in accordance with the Terms and any applicable policies or guidelines Google may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
(c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
(d) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
(e) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines;
(f) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material;
(h) restrict or inhibit any other user from using and enjoying the Products or Google services;
(i) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Google services or Content, or collect information about users for any unauthorized purpose;
(j) submit content that falsely expresses or implies that such content is sponsored or endorsed by Google;
(k) create user accounts by automated means or under false or fraudulent pretenses;
(l) promote or provide instructional information about illegal activities;
(m) promote physical harm or injury against any group or individual; or
(n) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

4. Content in the Products. Google Maps and Google Earth allow you to access and view a variety of content, including but not limited to photographic imagery, map and terrain data, business listings, reviews, traffic, and other related information provided by Google, its licensors, and its users (the "Content"). Additionally, you may choose to access other third party content made available in the Products through Google services such as Google Gadgets. You understand and agree to the following:
(a) Map data, traffic, directions, and related Content are provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the map results. You should exercise judgment in your use of this Content.
(b) Certain Content is provided under license from third parties, including but not limited to TomTom Global Content BV ("TomTom"), and is subject to copyright and other intellectual property rights owned by or licensed to TomTom and/or such third parties. You may be held liable for any unauthorized copying or disclosure of this Content. Your use of TomTom Content, including but not limited to printing or use in marketing or promotional materials, is subject to additional restrictions located in the Legal Notices page.

5. Additional Terms for Google Earth.

The Google Earth software is subject to United States export controls. By using the Google Earth software, you agree to use the software only for purposes that are legal, proper and in accordance with these Terms. Specifically, you agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control.

6. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.
(a) GOOGLE AND ITS LICENSORS (INCLUDING BUT NOT LIMITED TO TOMTOM AND ITS SUPPLIERS) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR THE PRODUCTS.
(b) SUBJECT TO THE “OUR WARRANTIES AND DISCLAIMERS” SECTION OF THE GOOGLE UNIVERSAL TERMS, GOOGLE AND ITS LICENSORS (INCLUDING BUT NOT LIMITED TO TOMTOM AND ITS SUPPLIERS) DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE CONTENT AND THE PRODUCTS, AND WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE CONTENT OR THE PRODUCTS.

7. U.S. Government Restricted Rights. If the Products are being used or accessed by or on behalf of the United States government, such use is subject to additional terms located in the "Government End Users" section of our Legal Notices page page.

Legal Notices for Google Maps/Google Earth and Google Maps/Google Earth APIs
The following are various legal notices that Google is obligated to provide by law and/or by contract (the "Legal Notices"). The Legal Notices are incorporated by reference into the Google Maps/Google Earth Terms of Service and the Google Maps/Google Earth APIs Terms of Service. By using Google Maps, Google Earth, or the Google Maps/Google Earth APIs (collectively, the "Products"), you are agreeing to be bound by these Legal Notices. Unless otherwise specified, capitalized terms used in these Legal Notices have the meanings described in the Google Terms of Service, the Google Maps/Google Earth Terms of Service, and the Google Maps/Google Earth APIs Terms of Service.

1 Standards. Google Maps and Google Earth rely on widely-recognized international standards for naming and mapping conventions. For example, for country and territory naming, we rely primarily on the ISO-3166 standard, which is recognized by the UN Statistics Division.

2 U.S. Government Restricted Rights. If any Product is used or accessed by or on behalf of the United States government, such use or access is subject to the following provision. The Products and any related documentation are deemed "commercial computer software" and "commercial computer software documentation," respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. If the user of the Product is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Products, including technical data, manuals or other accompanying documentation, is restricted by the terms, conditions and covenants contained in the Google Maps/Google Earth Terms of Service and the Google Maps/Google Earth APIs Terms of Service. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the Products is further restricted by the Google Maps/Google Earth Terms of Service and the Google Maps/Google Earth APIs Terms of Service.

3 TomTom Licensed Content.

3.1 Restrictions on Commercial Use of TomTom Licensed Content.

(a) You are not permitted to print more than 5,000 copies of sales collateral materials containing a screenshot of TomTom Licensed Content for commercial sales lead generation ("Direct Marketing"). If you desire to do so, you must (i) enter into a Google Enterprise license agreement or (ii) contact TomTom to obtain a direct license to do so.

(b) You are not permitted to incorporate TomTom Licensed Content as a core part of printed matter (such as printed maps or guide books) that you redistribute for a fee. If you desire to do so, you must contact TomTom to obtain a license.

(c) You are not permitted to offer a batch geocoding service that uses the TomTom Licensed Content contained in any Google products or services.

3.2 Restrictions on Government Use of TomTom Licensed Content. If Licensed Content provided by TomTom is used or accessed by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, such use or access is subject to the following provisions:

(a) U.S. Government Limited or Restricted Rights. If you are an agency, department, or other entity of the United States Government, or funded in whole or in part by the United States Government, then your use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation, is restricted in accordance with the LIMITED or RESTRICTED rights as described in DFARS 252.227-7014(a)(1) (JUN 1995) (DOD commercial computer software definition), DFARS 227.7202-1 (DOD policy on commercial computer software), FAR 52.227-19 (JUN 1987) (commercial computer software clause for civilian agencies), DFARS 252.227-7015 (NOV 1995) (DOD technical data - commercial items clause); FAR 52.227-14 Alternates I, II, and III (JUN 1987) (civilian agency technical data and noncommercial computer software clause); and/or FAR 12.211 and FAR 12.212 (commercial item acquisitions), as applicable. In case of conflict between any of the FAR and DFARS provisions listed herein and this license, the construction that provides greater limitations on the Government's rights shall control. Contractor/manufacturer is TomTom, De Ruyterkade 154, 1011 AC Amsterdam, The Netherlands. Phone: 0031.20757.5000. The Licensed Content is ©1984-2008 by TomTom. ALL RIGHTS RESERVED. For purpose of any public disclosure provision under any federal, state or local law, it is agreed that the Licensed Content is a trade secret and a proprietary commercial product and not subject to disclosure.

(b) Protection from Public Disclosure. If you are an agency, department, or other entity of any State government, the United States Government or any other public entity or funded in whole or in part by the United States Government, then you hereby agree to protect the Licensed Content from public disclosure and to consider the Licensed Content exempt from any statute, law, regulation, or code, including any Sunshine Act, Public Records Act, Freedom of Information Act, or equivalent, which permits public access and/or reproduction or use of the Licensed Content. If such exemption is challenged under any such laws, this license agreement will be considered breached and any and all right to retain any copies or to use of the Licensed Content will be terminated and considered immediately null and void. Any copies of the Licensed Content held by you will immediately be destroyed. If any court of competent jurisdiction considers this clause void and unenforceable, in whole or in part, for any reason, this license agreement will be considered terminated and null and void, in its entirety, and any and all copies of the Licensed Content will immediately be destroyed.

3.3 Additional Restrictions on Use of Municipal Boundaries. TomTom Licensed Content containing municipal boundaries must not be used to create or derive applications that are used for the purpose of tariff or tax rate determination for a particular address or range of addresses.

4 Country-Specific Notices.

4.1 Australia

Certain content used as part of the Services is derived from SUNA Traffic Channel and is provided to Google under a license agreement with Intelematics Australia Pty Ltd ACN 084 882 584.

4.2 Austria

(a) BEV - BA fuer Eich und Vermessungswesen (Geocodes) © Österreichisches Adressregister, 2009. You are not permitted, at any one time, to use Austrian Postal Data to provide, display or provide access to mass downloads or bulk feeds of numerical latitude and longitude coordinates.

(b) BEV - BA fuer Eich und Vermessungswesen (Map Data) © BEV, 2009

4.3 Belgium

(a) Institut Geographique National - IGN Belgium

(b) Brussels UrbIS®© - Distribution & Copyright CIRB/CIBG

4.4 Canada

Google maps of Canada includes data provided from the following:

Source Data: © 2009 DMTI Spatial Inc.
Statistics Canada 2005-2008 Road Network File
GeoBase - http://www.geobase.ca/
Google maps of Canada contains Postal CodeOM Data copied by Google under a sub-license from DMTI Spatial Inc., a party directly licensed by Canada Post Corporation. The Canada Post Corporation file from which this data was copied is dated September 2009 or later.

Google maps du Canada contient des données qui ont été reproduites avec l'autorisation de DMTI Spatial Inc. sur sous-licence de la Société canadienne des postes. Le fichier de la Société canadienne des postes d'où proviennent ces données est daté de septembre 2009 ou plus tard.

4.5 Croatia, Estonia, Latvia, Lithuania, Poland and Slovenia

© EuroGeographics

4.6 Denmark

(a) © COWI A/S

(b) © DAVdata.dk

4.7 Finland

(a) National Land Survey of Finland © NLS, 2011

(b) The Finnish Road Administration /Digiroad 2011

4.8 France and Monaco

(a) © IGN France

(b) © Principauté de Monaco

4.9 Germany

(a) Bundesamt für Kartographie und Geodäsie - © Vermessungsverwaltungen der Bundesländer und Bundesamt für Kartographie und Geodäsie

(b) Trails and Points of Interest © Bayerische Vermessungsverwaltung (www.geodaten.bayern.de)

4.10 Great Britain

This product contains Ordnance Survey data © Crown copyright and database right 2011, Royal Mail data © Royal Mail copyright and database right 2011, and National Statistics data © Crown copyright and database right 2011 (http://www.ordnancesurvey.co.uk/oswebsite/docs/licences/os-opendata-licence.pdf). All rights reserved.

4.11 Greece

EuroGeographics; Copyright Geomatics Ltd.

4.12 Hungary

Copyright © 2008 Top-Map Ltd.

4.13 Italy (including Vatican City and San Marino)

© Geonext/DeAgostini

4.14 Israel

(a) Based on mapping data from Mapa - Mapping and Publishing Ltd ("Mapa"). © Mapa - Mapping and Publishing. The mapping data is protected by international copyright laws and international copyright conventions.

(b) Your use of mapping data is permitted only for personal use (unless you are a business user where you can use the mapping for internal use, and in accordance with Google's terms that apply to the relevant Product) via Google's services.

(c) Unless authorized by these terms or Google's applicable terms of use, you may not: (i) copy, duplicate, reproduce, modify, sell, trade, resale, reverse engineer, create derivatives, digitize, translate or transcode the mapping data; or (ii) use the mapping data with any products, systems, functions or applications otherwise connected to or in communication with vehicles, vehicle navigation, positioning, dispatch, real time route guidance, fleet management, force management or similar application.

(d) You undertake full responsibility and risk related to your use of the mapping data. Mapa is not responsible to you for the mapping data and does not make or give to you any representations or warranties, express and implied, in connection with the mapping data, including, but not limited to, the accuracy, completeness, reliability or usability of the mapping data. Therefore, Mapa is not liable to you for any damage or claim whatsoever, direct or indirect, arising from your use the mapping data.

(e) You shall indemnify, defend and hold harmless Mapa from and against any and all claims or actions arising out of or in connection with your use of the mapping data accessed from or through Google's Products, including, but not limited to, losses, liabilities, damages, injuries (including injuries resulting in death), costs and expenses (including legal fees and costs).

4.15 Japan

(a) The Google Maps Japan service includes business listing data which has been modified by Google based on copyrighted data from third parties. Using such data without permission may violate copyrights held by Google or other parties, and commercial use is strictly prohibited. You may not take business listing data.

(b) Neither Google nor third parties that license data appearing in Google Maps shall be responsible for any damages, including consequential damages, arising from the use of this data.

(c) The KANJIDIC dictionary files used to create the mapping images or map based content for Japan is copyrighted © by the Electronic Dictionary Research and Development Group, and are used in conformance with the Group's license.

4.16 Lebanon

Source: ORION-ME

4.17 Luxembourg

© Administration du Cadastre et de la Topography (ACT)

4.18 Mexico

Source: INEGI (INSTITUTO NACIONAL DE ESTADÍSTICA Y GEOGRAFÍA)

4.19 Netherlands

© Andes B.V.

4.20 Northern Ireland

© Ordnance Survey of Northern Ireland

4.21 Norway

Elveg©Statens kartverk and Statens vegvesen, N50 Kartdata©Statens kartverk

4.22 Poland

MultiNet™ data of Poland may not be used to create commercial printed maps or map products.

4.23 Portugal

Source: IgeoE - Portugal

4.24 Russia

GIS Innovatsia 2011, Database«TopoRF_1000000» (с) ДАТА+, 2006

4.25 Singapore

The Licensed Content used as part of the Services for traffic information is provided to Google under a license agreement with Quantum Inventions Pte Ltd.

4.26 South Korea

Based upon electronic data © SK Energy Co., Ltd. All rights reserved. Korean Association Survey and Mapping Review Completed No. 2006-329 (2007-01-06).

4.27 Spain

Información geográfica propiedad del CNIG

4.28 Sweden

(a) © 2009 Cartesia GIS AB

(b) © Lantmäteriet/Metria

(c) © Swedish Environmental Protection Agency

(d) © 2009 Vägverket

(e) Based upon electronic data © National Land Survey Sweden

4.29 Switzerland

(a) © Swisstopo

(b) Swiss Postal Data are © Die Schweizerische Post. You are not permitted, at any one time, to use Swiss Postal Data to provide, display or provide access to mass downloads or bulk feeds of numerical latitude and longitude coordinates.

(c) © BSF Swissphoto

4.30 South Africa

© AfriGIS (Pty) Ltd

4.31 Ukraine

© Transnavicom - http://www.transnavi.com/

4.32 United States. Google maps of the United States include data provided from the following sources:

(a) U.S. Fish and Wildlife Service - http://www.fws.gov/

(b) U.S. Census Bureau - http://www.census.gov/

(c) USDA Forest Service - http://www.fs.fed.us/

(d) U.S. Geological Survey, Gap Analysis Program (GAP) - http://gapanalysis.nbii.gov/PADUS

(e) U.S. Geological Survey, U.S. Geographic Names Information System (GNIS) - http://geonames.usgs.gov/

(f) U.S. Geological Survey, National Hydrography Dataset (NHD) - http://nhd.usgs.gov/

(g) U.S. Geological Survey, Topographic Maps - http://topomaps.usgs.gov/

(h) U.S. Geological Survey - http://www.usgs.gov/

(i) U.S. Coast Guard - http://www.uscg.mil/

(j) University of New Hampshire - http://ccom.unh.edu/

(k) U.S. National Parks Service - http://www.nps.gov

(l) U.S. Department of Transportation, Research and Innovative Technology Administration - http://www.rita.dot.gov/

4.33 Worldwide

© 2010 Europa Technologies

5 Business Listings Data.

5.1 Google Local Business Listings in France, Germany, Netherlands, Belgium, Denmark and Israel

When you search for local listings in France, Germany, Netherlands, Belgium, Denmark and Israel, your search results may include content (including business listings and related information) which has been supplied by Kapitol S.A. (trading as Infobel) (the "Infobel Content"). The intellectual property rights in the Infobel Content are owned by Kapitol S.A. or its licensors. The Infobel Content may only be used in accordance with these Terms of Service and the applicable terms and conditions of Kapitol S.A. If you know that your business listing is supplied by Kapitol S.A., and you have any questions about it you should contact them directly.

5.2 Google Local Business Listings in the United States

When you search for local listings, Google displays business listings which may be supplied by Acxiom Corporation and/or infoUSA Inc. ("Axciom" and/or "infoUSA"). This information is proprietary to those corporations and is protected under U.S. copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. Except as permitted through the Products, you may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information.

5.3 Google Local Business Listings in Brazil

When you search for local listings in Brazil, your search results may include content (including business listings and related information) that has been supplied by TeleListas S/A. The intellectual property rights in this content are owned by TeleListas or its licensors, and may only be used in accordance with these Terms of Service and any applicable terms and conditions of TeleListas. If you know that your business listing is supplied by TeleListas and you have any questions about it, you should contact them directly.

5.4 Google Local Business Listings in Turkey

When you search for local listings in Turkey, your search results may include content (including business listings and related information) that has been supplied by Turkey Yellow Pages (Yellow.com.tr). The intellectual property rights in this content are owned by Turkey Yellow Pages or its licensors, and may only be used in accordance with these Terms of Service and any applicable terms and conditions of Turkey Yellow Pages. If you know that your business listing is supplied by Turkey Yellow Pages and you have any questions about it, you should contact them directly.

5.5 Google Local Business Listings in Kenya

When you search for local listings in Kenya, your search results may include content (including business listings and related information) that has been supplied by Yellow Pages Kenya Ltd (www.yellow.co.ke). The intellectual property rights in this content are owned by Yellow Pages Kenya or its licensors, and may only be used in accordance with these Terms of Service and any applicable terms and conditions of Yellow Pages Kenya Ltd. If you know that your business listing is supplied by Yellow Pages Kenya Ltd and you have any questions about it, you should contact them directly.

5.6 Google Local Business Listings in Egypt

When you search for local listings in Egypt, your search results may include content (including business listings and related information) that has been supplied by Egypt Yellow Pages Limited (yellow.com.eg). The intellectual property rights in this content are owned by Egypt Yellow Pages Limited or its licensors, and may only be used in accordance with these Terms of Service and any applicable terms and conditions of Egypt Yellow Pages Limited. If you know that your business listing is supplied by Egypt Yellow Pages Limited and you have any questions about it, you should contact them directly.

5.7 Google Local Business Listings in Saudi Arabia

When you search for local listings in Saudi Arabia, your search results may include content (including business listings and related information) that has been supplied by Al Wahda Express Saudi Arabia (www.daleeli.com). The intellectual property rights in this content are owned by Al Wahda Express Saudi Arabia or its licensors, and may only be used in accordance with these Terms of Service and any applicable terms and conditions of Al Wahda Express Saudi Arabia. If you know that your business listing is supplied by Al Wahda Express Saudi Arabia and you have any questions about it, you should contact them directly.

5.8 Google Local Business Listings in Bulgaria

When you search for local listings in Bulgaria, your search results may include content (including business listings and related information) that has been supplied by New Europe Directories Bulgaria EOOD (www.goldenpages.bg). The intellectual property rights in this content are owned by New Europe Directories Bulgaria EOOD or its licensors, and may only be used in accordance with these Terms of Service and any applicable terms and conditions of New Europe Directories Bulgaria EOOD. If you know that your business listing is supplied by New Europe Directories Bulgaria EOOD and you have any questions about it, you should contact them directly.

6 Software.

6.1 Interactive Data Visualization, Inc.

Google Earth utilizes SpeedTree®RT technology (©2011 Interactive Data Visualization, Inc.). SpeedTree® is a registered trademark of Interactive Data Visualization, Inc. All rights reserved.

6.2 NewSouth Innovations

Google Earth uses Kakadu software as an integrated component. No usage rights, expressed or implied, are provided for said product independent of Google Earth. Kakadu is a trademark of NewSouth Innovations Ltd.

May 31, 2011

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