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View the Google Desktop Privacy Policy
Terms and Conditions
    
Thank you for trying out Google Desktop! Google Desktop is made available to you by Google Inc, with its principal offices at 1600 Amphitheatre Parkway, Mountain View, CA   94043, United States ("Google"). This page contains the terms and conditions ("Terms and Conditions") for all Google Desktop products - these include a consumer version and business version which we call, Google Desktop for Enterprise (collectively these products are known as "Google Desktop")

By downloading Google Desktop you agree to these Terms and Conditions.

Google Desktop for Enterprise is only available to business users. If you are downloading Google Desktop for Enterprise on behalf of a company, partnership or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms and Conditions. If you do not have this authority do not download this product.

Personal or Internal Business Use Only
Google Desktop is licensed to you for your personal or internal business use only and must be used in compliance with all applicable laws, rules and regulations. If you want to make commercial use of Google Desktop, including but not limited to selling or distributing Google Desktop for payment, you must enter into a separate written agreement with Google.

If you are asked to register with Google you must provide complete and accurate identification, contact, and other information required as part of the registration process.

If you are using Google Desktop for Enterprise you may make that available to other users in your organisation, by either emailing to them the following link: http://desktop.google.com/eulauk.html, or placing that URL as a link on your server to be accessed by individual users. Each user will be required to agree to these Terms and Conditions before they use Google Desktop.

Prohibited Actions
You may not:

(a) distribute Google Desktop or any services or software associated with or derived from it, except as expressly permitted above in relation to Google Desktop for Enterprise;

(b) sub-licence your right to use Google Desktop;

(c) modify, copy, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or create derivative works from Google Desktop (except to the extent such acts are permitted by law, notwithstanding a contractual prohibition); or

(d) extract significant portions of Google Desktop's files for use in other applications.

If you wish to do any of these prohibited acts, please contact Google by visiting desktop.google.com/feedback.html.

Automatic Updates
Google Desktop may communicate with Google's servers to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, Google Desktop sends Google a request for the latest version information. By installing the Google Desktop you agree to automatically request and receive Updates from Google's servers.

However, if you are using Google Desktop for Enterprise , this will not communicate with Google's servers for the above purposes if your administrator settings prevent it from doing so.

Information Practices
Protecting users' privacy is very important to Google. As a condition of downloading and using Google Desktop, you agree to the terms of the Google Desktop Privacy Policy (http://desktop.google.com/privacypolicy.html) (which includes Google's general privacy policy (http://www.google.com/privacy.html), as updated from time to time.

Google Desktop may collect certain non-personally identifiable information that resides on your computer, including, without limitation, the number of searches done on your computer and the time it takes to see results on your computer. Unless you choose to opt out, either during installation or at any time after installation, non-personally identifiable information collected will be sent to Google. In addition, if you register with Google (and you will need to do this if you download Google Desktop for Enterprise ), Google collects personal information about you, such as your name, company details, email and phone number.

This information will be used by Google: (a) for purposes of operating and improving future versions of Google Desktop; and (b) administration of your account. In all cases information may be stored and processed in the United States or any other country in which Google or its agents maintain facilities and by downloading Google Desktop you consent to any such transfer of information outside of your country.

Intellectual Property
You acknowledge that Google or third parties own all right, title and interest in and to Google Desktop, and software or content provided through or in conjunction with Google Desktop, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all patent rights, copyright, trade secrets, trade and service marks, design rights, rights in or relating to databases, rights in or relating to confidential information and any other intellectual property rights throughout the world, whether registered or unregistered and including applications for any such rights.

You agree to (and agree not to allow third parties to) not remove, obscure, or alter Google's or any third party's copyright notice, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Google Desktop.

Feedback
If you have comments on Google Desktop 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 (or third party software or content) without further compensation.

Changes to Terms and Conditions
Google may update these Terms and Conditions from time to time. If Google updates these Terms and Conditions it will let you know by email, via the automatic Updates process, by posting a message to site from which users download Google Desktop or by using another method which it considers appropriate. If you do not agree with any changes to the Terms and Conditions, from time to time, please do not continue to use Google Desktop.

Disclaimer
If you are a consumer, nothing in these Terms and Conditions shall affect your statutory rights.

To the fullest extent permitted by law, Google Desktop is provided "as is".

To the fullest extent permitted by law, Google disclaims all implied warranties, conditions and others terms including, without limitation, those regarding the security, reliability, timeliness, and performance of Google Desktop.

Limitation of Liability
Nothing in these Terms and Conditions shall exclude or limit liability for: (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees; (b) fraud or fraudulent misrepresentation; (c) breach of any implied condition as to title or quiet enjoyment; or (d) any liability which may not by law be excluded.
Subject to the first paragraph of this clause, neither party shall be liable under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort (including negligence), beach of contract, misrepresentation or otherwise) for:
(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings);
(b) the cost of obtaining similar or substitute services from anyone;
(c) any loss of goodwill or reputation; or
(d) any special, indirect or consequential losses;

in each case, whether or not such losses were within the contemplation of the parties at the date of acceptance of these Terms and Conditions.
Subject to the first paragraph of this clause, Google's total liability under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort (including negligence), beach of contract, misrepresentation or otherwise) shall not exceed £5.

Subject to the first paragraph of this clause: (a) under no circumstances shall Google be liable to any user on account of that user's misuse of Google Desktop; and (b) neither party shall be liable for any matter which is outside that party's reasonable control.

Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales and you and Google hereby submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these Terms and Conditions. Notwithstanding the preceding sentence, nothing in these Terms and Conditions shall restrict or limit Google seeking injunctive or similar relief in any jurisdiction.

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.

Google may assign its rights and/or obligations under these Terms and Conditions (in whole or in part), at any time, without your consent.

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 makes its software and/or content available in conjunction with or through Google Desktop.

Nothing in these Terms and Conditions shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to these Terms and Conditions, except that this clause shall not restrict or limit the rights of any lawful assignee under these Terms and Conditions to exercise the rights and benefits conferred on him by the assignor.