Third-party TERMS OF SERVICE
CRASHLYTICS TERMS OF SERVICE
Last Updated: July 23, 2018 | Previous versions
This Crashlytics Agreement ("Agreement") is entered into by Crashlytics (defined as either: (a) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Your principal place of business (for entities) or place of residence (for individuals) is in any country within Europe, the Middle East, or Africa ("EMEA"), (b) Google Asia Pacific Pte. Ltd., with offices at 8 Marina View Asia Square 1 #30-01 Singapore 018960, if Your principal place of business (for entities) or place of residence (for individuals) is in any country within the Asia Pacific region ("APAC"), or (c) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Your principal place of business (for entities) or place of residence (for individuals) is in any country in the world other than those in EMEA and APAC) and you ("Developer" or "You") and governs your access and use of www.crashlytics.com and the Crashlytics crash reporting and beta testing solution (collectively, the "Services" as more fully described below). If You are accessing or using the Services on behalf of a company or other legal entity, You represent and warrant that You are an authorized representative of that entity and have the authority to bind such entity to this Agreement, in which case the terms "Developer" and "You" shall refer to such entity.  BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Effective November 20, 2015, this Agreement does not cover www.answers.io or the related "Answers" service, which is a software development kit and associated services focused on analysis and computation of the behavior and usage of mobile applications, including app analytics, event tracking, and conversion tracking. If you use Answers, then please consult the Answers Agreement, which is the contract governing your use of Answers. If you have questions regarding this Agreement, please contact Crashlytics at<EMAIL_ADDRESS>SECTION 1. OVERVIEW OF THE SERVICES
1.1 The Services provide a reporting solution for developers of mobile applications, including publicly released mobile applications ("Application(s)"), and facilitates Developers' ability to invite certain designated users ("Beta Tester(s)") to test mobile applications that have not yet been publicly released ("Beta Application(s)"). The Services provide information to Developers about the functioning of Applications and Beta Applications they own or manage, including, but not limited to, information about how and under what circumstances such applications crashed and how many users interact with such applications and how they do so.
SECTION 2. SPECIFIC TERMS FOR DEVELOPERS
2.1 Service and Access Credentials. Developer will provide reasonable cooperation, assistance, information and access to Crashlytics as may be necessary to initiate Developer's use of the Services. During the Term, and subject to Developer's compliance with all terms and conditions of this Agreement, Crashlytics will provide Developer with access to the Services. As part of the implementation process, Developer will identify a user name and password that will be used to set up Developer's account. Developer will not share its user name or password with any third party and will be responsible and liable for the acts or omissions of any person who accesses the Services using passwords or access procedures provided to Developer. Crashlytics reserves the right to refuse registration of, or to suspend or cancel, login IDs used by Developer to access the Services for any reason, including if Developer violates the terms and conditions set forth in this Agreement.
2.2 License to Developer. During the Term, and subject to all terms and conditions of this Agreement (as a condition to the grants below), Crashlytics grants Developer and Developer accepts a nonexclusive, nontransferable right and license (without right to sublicense) to: (a) access and use the Services, solely for the purpose of accessing and downloading the Software (defined below) and assessing the performance of its own Applications and Beta Applications for Developer's internal business purposes; and (b) download, install and use a reasonable number of copies of the Crashlytics software development kit (the "SDK") and any tools provided as part of the SDK, including, but not limited to, any plugins (collectively, the "Software") solely for the integration of the Software into an Application or Beta Application. Developer may use the Services and the Software solely for the purpose: (i) enabling Developer's users, including Beta Testers, to access and use Applications and Beta Applications, (ii) obtaining information regarding the installation, use of and engagement with, and the functionality of Developer's Applications and Beta Applications, including reporting on errors or bugs (collectively, "Performance Data"), (iii) improving the functionality of Developer's Applications, Beta Applications and related products and services, and/or (iv) communicating with users, including Beta Testers, about Developer's Applications and Beta Applications. Developer's access and use of the Services shall also comply with all other conditions set forth in all documentation, instructions, end user guides and other documents regarding the Services and Software, in each case that is provided or made available by Crashlytics to Developer in electronic or other form (collectively, "Documentation"). Developer shall comply with all: (a) applicable laws, rules, and regulations, and (b) any applicable third party terms, including any third party terms applicable to Developer's development and distribution of any Application or Beta Application operating on the Android or iOS mobile operating systems, or any other operating system upon which the Application or Beta Application is made available and upon which Crashlytics makes the Services available to Developer.
2.3 Restrictions. Developer shall not directly or indirectly, or allow any third-party to: (a) use the Services or any of Crashlytics's Confidential Information (as defined below) to create any service, software, or documentation that is the same as, substantially similar to or has similar functionality as the Services, (b) disassemble, decompile, reverse engineer, decipher, translate or use any other means to attempt to discover any source code, algorithms, or trade secrets underlying the Services or Background Materials (defined below), except and only to the extent these restrictions are expressly prohibited by applicable statutory law, (c) encumber, sublicense, transfer, distribute, rent, lease, timeshare, or use any Crashlytics Properties (as defined below) in any service bureau, rental or managed services arrangement or permit other individuals or entities to create Internet "links" to the Crashlytics Properties or "frame" or "mirror" the Crashlytics Properties on any other server, or wireless or Internet-based device, (d) adapt, combine, create derivative works of, or otherwise modify any Crashlytics Properties, (e) use or allow the transmission, transfer, export, reexport, or other transfer of any product, technology, or information it obtains or learns in connection with Developer's use of the Services in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction, (f) remove or alter any proprietary notices or labels on or in any Crashlytics Properties; (g) use any Crashlytics Properties in connection with the development or transmission of any virus, worms or malicious code, (h) use any Crashlytics Properties to infringe the rights of Crashlytics or any third party, or in any way that does not comply with all applicable laws, or (i) use any Crashlytics Properties (including to create any Application) in any way that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of Crashlytics or any third party, including any mobile communications carrier.
2.4 Developer Feedback. From time to time, Crashlytics may solicit from Developer or Developer may make, in its sole discretion, suggestions for changes, modifications or improvements to the Crashlytics Properties (as defined below) or any other feedback related to Crashlytics or the Crashlytics Properties (collectively, "Developer Feedback"). All Developer Feedback shall be solely owned by Crashlytics (including all intellectual property rights therein and thereto) and shall also be Crashlytics's confidential information. Developer hereby assigns all of its right, title and interest in and to any Developer Feedback to Crashlytics and acknowledges that Crashlytics has the unrestricted right to use and exploit such Developer Feedback in any manner, without attribution, and without any obligations or compensation to Developer.
2.5 Developer Data. Developer hereby grants Crashlytics a nonexclusive, license fee free and royalty free right and license to access, copy, distribute, process and use all information, data and other content provided by Developer or received by Crashlytics in connection with Developer's authorized use of the Services, including, without limitation information provided through any Application or Beta Application that Developer makes available for testing through the Services (collectively, "Developer Data"), solely for the purpose of providing, developing, and maintaining the Services, along with any related customer or technical support, and as otherwise expressly permitted in this Agreement. Developer agrees that: (a) the Services depend on the availability of the Developer Data, and (b) Crashlytics will not assume any responsibility or liability for, or undertake to verify, the legality, accuracy or completeness of the Developer Data. Crashlytics shall have no obligation to store any Developer Data or Results (as defined below).
2.6 Access by Beta Testers; EULA; End Users; Compliance. Developer shall provide to Crashlytics the contact information of any user of Developer's application(s) whom Developer intends to invite to become a Beta Tester. Developer is solely responsible for determining which users will receive an invitation to become a Beta Tester, and for ensuring the accuracy of any user contact information provided to Crashlytics. Developer may provide Beta Testers with its own EULA for a Beta Application that will be accessed by Beta Testers ("Developer EULA"); provided that the Developer EULA provides terms and conditions consistent with this Agreement and, with respect to Crashlytics, no less protective than those terms and conditions set forth in the standard EULA provided in Appendix A ("Standard EULA"). If Developer does not provide a separate Developer EULA to Beta Testers in connection with Developer's Beta Application, then Developer acknowledges and agrees that such Beta Testers, by accessing the Beta Application through the Services, will be made subject to the terms and conditions of the Standard EULA between Developer and such Beta Testers. Developer acknowledges and agrees that Crashlytics provides the Standard EULA by way of convenience only, and does not represent or warrant that the Standard EULA will be enforceable under, or in compliance with, all applicable laws, rules, regulations, or otherwise. Developer acknowledges and agrees that the EULA applicable to Developer's Beta Application shall be between Developer and any Beta Tester, and Crashlytics shall not be responsible for, and shall not have any liability whatsoever for, such EULA, any application tested by a Beta Tester, or for any breach by Developer or any Beta Tester of the terms and conditions of such EULA. The Services allow the Developer to collect information relating to performance of Developer's applications, including, without limitation, device state information, unique device identifiers, information relating to the physical location of a device, and information about how the application was used. Developer may turn on features of the Services to allow collection of other information via the Services, including some personally identifiable information (e.g., a user's email address), which allows Developers to communicate with users about the engagement with and functionality of their applications and to invite them to become Beta Testers. Developer represents and warrants that Developer is collecting information via the Services solely to obtain information about the user engagement with and functionality of Developer's applications, and to communicate with users about such engagement and functionality. Developer agrees that it will not enable collection of personally identifiable information via the Services unless it is necessary to communicate with users about the applications or Developer wishes to invite users to be Beta Testers and the user has provided affirmative consent to the collection and use of such information. Subject to and without limiting the foregoing, Developer agrees it will not enable collection or use of credit card information, Social Security numbers, driver's license numbers, dates of birth or physical addresses via the Services. Developer further agrees it will not invite any user to be a Beta Tester that is under the age of consent as defined under any applicable laws, rules, or regulations relating to data collection, including without limitation the Children's Online Privacy Protection Act of 1998 ("COPPA"), the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or "GDPR"), and all other relevant laws and regulations. At all times during the term of this Agreement, Developer shall maintain a privacy policy: (a) that is readily accessible to users from its website or within its online service (as applicable), (b) that fully and accurately discloses to its users what information is collected about its users, and (c) that states that such information is disclosed to and processed by third party providers like Crashlytics in the manner contemplated by the Services, including, without limitation, disclosure of the use of technology to track users' activity and otherwise collect information from users. For Developer's users in the European Union, Developer shall provide such users with clear notice of, and obtain such users' consent to, the transfer, storage, and use of their information in the United States and any other country where Crashlytics, or any third party service providers acting on its behalf, operates, and shall further notify such users that the privacy and data protection laws in some of these countries may vary from the laws in the country where such users live. Developer shall at all times comply with all applicable laws, rules and regulations relating to data collection, privacy and security, including without limitation, COPPA, GDPR, and all other such laws and regulations. Developer will obtain and maintain any required consents necessary and will comply with any other applicable requirements to permit the processing of Developer Data under this Agreement.
2.7 Developer Systems. Developer is responsible for providing: (a) all equipment, subscriptions and credentials necessary for Crashlytics to receive the Developer Data, and (b) all modems, servers, devices, storage, software (other than Software), databases, network and communications equipment and ancillary services needed to connect to, access, or otherwise use the Services at its facility (collectively, "Developer Systems"). Developer shall ensure that Developer Systems are compatible with the Services and comply with all configurations and specifications described in the Documentation.
2.8 Limitations. Crashlytics will not be responsible or liable for any failures in the Services or any other problems which are related to: (a) the Developer Data or Developer Systems, or (b) any satellite, telecommunications, network or other equipment or service outside of Crashlytics's facilities or control.
2.9 Confidentiality. "Confidential Information" means any information disclosed by one party ("Discloser") to the other party ("Recipient") that is marked or otherwise identified as "confidential" or "proprietary," or by its nature or the circumstances of disclosure should reasonably be understood to be confidential, including without limitation, all financial, business or technical information disclosed in relation to this Agreement. Except for the specific rights granted by this Agreement, the Recipient may not use, copy or disclose any Confidential Information of the Discloser without Discloser's prior written consent, and shall use no less than reasonable care to safeguard Discloser's Confidential Information, including ensuring that Recipient's employees, contractors and agents ("Representatives")with access to Discloser's Confidential Information have a need to know such Confidential Information for the purposes of this Agreement and are bound by confidentiality obligations no less protective of the parties as those set forth herein. The foregoing obligations shall not apply to any Confidential Information that Recipient can demonstrate is: (a) already known by it without restriction, (b) rightfully furnished to it without restriction by a third party not in breach of any obligation to Discloser, (c) generally available to the public without breach of this Agreement or (d) independently developed by it without reference to or use of any of Discloser's Confidential Information and without any violation of any obligation of this Agreement. Each party shall be responsible for any breach of confidentiality by its Representatives, as applicable. Promptly upon Discloser's request at any time, Recipient shall, or in the case of Developer Data shall use reasonable efforts to, return all of Discloser's tangible Confidential Information, permanently erase all Confidential Information from any storage media and destroy all information, records, copies, summaries, analyses and materials developed therefrom. Nothing herein shall prevent a party from disclosing any of the other's Confidential Information as necessary pursuant to any court order or any legal, regulatory, law enforcement or similar requirement or investigation; provided, however, prior to any such disclosure, Recipient shall use reasonable efforts to: (i) promptly notify Discloser in writing of such requirement to disclose where permitted by law, and (ii) cooperate with Discloser in protecting against or minimizing any such disclosure and/or obtaining a protective order.
2.10 Proprietary Rights. As used in this Agreement: "Background Materials" means all ideas, concepts, inventions, systems, platforms, software (including all Software), interfaces, tools, utilities, templates, forms, Report Formats, techniques, methods, processes, algorithms, knowhow, trade secrets and other technologies and information that are used by Crashlytics in providing the Services and Results (including any correction, improvement, derivative work, extension or other modification to the Services made, created, conceived or developed by or for Crashlytics, including at Developer's request or as a result of feedback provided by Developer to Crashlytics); "Reports" means the reports, charts, graphs and other presentation in which the Results are presented to Developer; "Report Formats" means the formatting, look and feel of the Reports; and "Results" means the work products resulting from the Services that are delivered to Developer by Crashlytics through the Services, and which are based on the Developer Data. For the sake of clarity, Results shall expressly exclude all Background Materials. Developer shall own all right, title and interest (including all intellectual property and other proprietary rights) in and to: (a) feedback, suggestions, ideas or other materials and information provided by Beta Testers with respect to any Beta Application ("User Feedback"), (b) the Results and (c) Developer Data. Developer acknowledges and agrees that the Results will be presented to it in a Report, the Report Format of which is Confidential Information and proprietary to Crashlytics. Developer may make a reasonable number of copies of the Reports only for its internal purposes in using the Results.
2.11 General Learning; Aggregate Data. Crashlytics reserves the right to disclose aggregate information of Services usage, engagement, and performance, and to reuse all general knowledge, experience, knowhow, works and technologies (including ideas, concepts, processes and techniques) related to the Results or acquired during provision of the Services (including without limitation, that which it could have acquired performing the same or similar services for another customer).
2.12 Reservation of Rights. Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no other use is permitted and Crashlytics (and its licensors) shall retain all right, title, and interest (including all intellectual property and proprietary rights embodied therein) in and to the Services, Software, Documentation, Background Materials, aggregate data, and analyses (collectively, "Crashlytics Properties").
SECTION 3. SPECIFIC TERMS FOR BETA TESTERS
3.1 License; Restrictions. In order to access and use the Services to test any Beta Application, you may need to download or install Software (defined in Section 2 above), web clips, certificates, or other materials provided by Crashlytics ("Crashlytics Material"). Subject to your compliance with this Agreement, Crashlytics grants you a limited, nonexclusive, non-assignable, non-sublicensable license to access, download, and use any Crashlytics Material made available to you by Crashlytics, solely to access and use the Services. Crashlytics reserves all right, title, and interest in the Crashlytics Material not expressly granted to you, including but not limited to intellectual property rights. To the maximum extent permitted by law, you may not do any of the following with respect to any Crashlytics Material you receive or otherwise have access to: (a) modify, reverse engineer, decompile, or disassemble any Crashlytics Material, (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer any Crashlytics Material, (c) make any copy of or otherwise reproduce any Crashlytics Material, (d) remove, alter, or obscure any copyright, trademark or other proprietary rights notice on or in any Crashlytics Material, (e) work around any technical limitations in any Crashlytics Material, or (f) use any Crashlytics Material for purposes for which it is not designed.
3.2 No Responsibility for Beta Applications. If you have any complaints or disputes relating to your use of any Beta Application, you agree to look solely to the applicable Developer of such Beta Application and not Crashlytics. You acknowledge and agree that the applicable Developer, not Crashlytics, is fully responsible for any Beta Application, and the processing of information about your use of any Beta Application. If you want to terminate this Agreement, you must stop using the Services and delete from your device all Crashlytics Material.
3.3 Consent to Data Processing and Transfer. Irrespective of which country you live in, you authorize Crashlytics to use your information in, and as a result to transfer it to and store it in, the United States and any other country where Crashlytics operates. Privacy and data protection laws in some of these countries may vary from the laws in the country where you live.
3.4 No Compensation. By becoming a Beta Tester, you are acting as a volunteer. You will bear your own costs, including any mobile carrier and data costs that you incur in connection with your use of the Beta Application or any User Feedback (defined above) that you submit.
3.5 Standard EULA for Beta Applications. You agree to comply with the terms of the Standard EULA in connection with your access and use of any Beta Application of a Developer, unless you agree to comply with a separate license agreement that the Developer provides in connection with such Beta Application, in which case the terms of that separate license agreement will govern.
SECTION 4. WARRANTY, LIABILITY & INDEMNITY
4.1 Warranties. Crashlytics represents and warrants that it has full right, power, and authority to enter into this Agreement and to perform its obligations and duties under this Agreement, and that the performance of such obligations and duties does not conflict with or result in a breach of any other agreement of Crashlytics, or any judgment, order, or decree by which such party is bound. Developer's sole and exclusive remedy for any and all breaches of this provision is the remedy set forth in Section 4.4. Developer represents and warrants that it owns all right, title and interest, or possesses sufficient license rights, in and to the Developer Data as may be necessary to grant the rights and licenses, and provide the representations, and for Crashlytics to provide the Services set forth herein. Developer bears all responsibility and liability for the legality, accuracy and completeness of the Developer Data and Crashlytics's access, possession, distribution, and use thereof, as permitted herein.
4.2 Disclaimers. THE CRASHLYTICS SERVICES, CRASHLYTICS PROPERTIES AND RESULTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.   Developer will defend Crashlytics from all third party claims, whether actual or alleged (collectively, "Crashlytics Claims"), and will indemnify Crashlytics and hold Crashlytics harmless from any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees) resulting from such Crashlytics Claims that arise out of Developer's: (a) use of the Services, (b) actual or alleged infringement or misappropriation of the rights of any third party, including, without limitation, any intellectual property rights, privacy rights or publicity rights, and (c) breach of any representations and warranties set forth in the Agreement. Developer is solely responsible for defending any such Crashlytics Claims, subject to Crashlytics's right to participate with counsel of its own choosing, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from such Claims against Crashlytics, provided that Developer will not agree to any settlement related to any such Crashlytics Claims without Crashlytics's prior express written consent regardless of whether or not such settlement releases Crashlytics from any obligation or liability. If Developer uses the Services in an official capacity as an employee or representative of a United States federal, state, or local government entity and is legally unable to accept this indemnification provision, then it does not apply to such entity, but only to the extent required by applicable law.
4.4 Claims Against Developer. Crashlytics will defend the Developer from all third party claims, actions, suits, or proceedings, whether actual or alleged (collectively, "Developer Claims"), and will indemnify Developer and hold Developer harmless from any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees) resulting from such Developer Claims, that arise out of an allegation that the Services, when used as expressly permitted by this Agreement, infringes the intellectual property rights of such third party. Notwithstanding the foregoing, Crashlytics will have no obligation under this Section 4.4 or otherwise with respect to any infringement claim based upon: (a) any use of the Services not expressly permitted under this Agreement; (b) any use of the Services in combination with products, equipment, software, or data not made available by Crashlytics if such infringement would have been avoided without the combination with such other products, equipment, software, or data; (c) any modification of the Services by any person other than Crashlytics or its authorized agents or subcontractors; or (d) any claim not clearly based on the Services itself. This Section 4.4 states Crashlytics's entire liability and Developer's sole and exclusive remedy for all third party claims.
4.5 Procedure. The foregoing obligations are conditioned on the party seeking indemnification: (a) promptly notifying the other party in writing of such claim; (b) giving the other party sole control of the defense thereof and any related settlement negotiations; and (c) cooperating and, at the other party's request and expense, assisting in such defense. Neither party may make any public announcement of any claim, defense or settlement without the other party's prior written approval. The indemnifying party may not settle, compromise or resolve a claim without the consent of the indemnified party, if such settlement, compromise or resolution (i) causes or requires an admission or finding of guilt against the indemnified party, (i) imposes any monetary damages against the indemnified party, or (iii) does not fully release the indemnified party from liability with respect to the claim.
4.6 Limitation of Liability.
(a) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY DAMAGES ASSOCIATED WITH ANY LOSS OF USE, BUSINESS, PROFITS, OR GOODWILL OR FOR INTERRUPTION, LOSS OR CORRUPTION OF DATA OR NETWORKS.
(b) IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT EXCEED FIFTY ($50.00) DOLLARS (USD).
(c) THE FOREGOING LIMITATIONS SHALL NOT APPLY TO BREACHES OF CONFIDENTIALITY OBLIGATIONS OR FOR MISAPPROPRIATION OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
 Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
SECTION 5. TERM AND TERMINATION
5.1 Term. The term of this Agreement will begin on the date you first agree to this Agreement and are approved to register for the Services, and continue until terminated as set forth herein ("Term"). Your use of the Services may be terminated by Crashlytics or you at any time, for any reason, effective immediately upon notice provided by one party to the other party as set forth herein.
5.2 Effects of Termination. Upon any expiration or termination of this Agreement, all rights, obligations and licenses of the parties shall cease, except that: (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of this Agreement shall survive, (b) you must discontinue accessing and using the Services and delete all Software, Crashlytics Properties, and Crashlytics Material, and (c) the provisions in Section 2 titled Restrictions, Developer Feedback, Confidentiality, Proprietary Rights, General Learning; Aggregate Data, the provisions of Section 4 and the provisions in this Section 5 shall survive. Crashlytics has no obligation to store, delete or return any User Feedback, Performance Data, Developer Data, or Results.
SECTION 6. MISCELLANEOUS
6.1 Entire Agreement. This Agreement (which includes any order form completed by Developer) constitutes the entire agreement, and supersede all prior negotiations, understandings, or agreements (oral or written), between the parties about the subject matter of this Agreement.
6.2 Waivers, Consents and Amendments. No waiver, consent, or modification of this Agreement shall bind the Crashlytics Entities unless in writing and signed by Crashlytics. Crashlytics may amend this Agreement from time to time. If we make a change to this Agreement that, in our sole discretion, is material, we will notify you at the email address that you provided upon signing up to access the Services or upon signing up to access the Crashlytics Fabric services, at crashlytics.com, or otherwise through the Services. If you do not agree to the modified terms, you shall notify Crashlytics in writing within thirty (30) days, after which your right to access and use the Services shall immediately terminate and the Crashlytics Entities shall have no further responsibility or liability to you. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights.
6.3 Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
6.4 Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions.
(a) Except as set forth in Section 6.4(b) below, all claims arising out of or relating to this Agreement or the Services ("Disputes") will be governed by California law, excluding California's conflict of laws rules, and all Disputes will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and You and Crashlytics consent to personal jurisdiction in those courts.
(b) If Your principal place of business (for entities) or place of residence (for individuals) is in any country within APAC (other than Australia, Japan, New Zealand or Singapore) or Latin America, this Section 6.4(b) will apply instead of Section 6.4(a) above. ALL DISPUTES (AS DEFINED ABOVE) WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES.The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it must be resolved by arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules"). The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA. Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in this Agreement. Subject to the confidentiality requirements in of this Agreement, either party may petition any competent court to issue any order necessary to protect that party's rights or property; this petition will not be considered a violation or waiver of this governing law and arbitration section and will not affect the arbitrator's powers, including the power to review the judicial decision. The parties stipulate that the courts of Santa Clara County, California, USA, are competent to grant any order under this subsection. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Any arbitration proceeding conducted in accordance with this section will be considered Confidential Information under this Agreement's confidentiality section, including: (i) the existence of, (ii) any information disclosed during, and (iii) any oral communications or documents related to the arbitration proceedings. The parties may also disclose the information described in this section to a competent court as may be necessary to file any order under this section or execute any arbitral decision, but the parties must request that those judicial proceedings be conducted in camera (in private). The parties will pay the arbitrator's fees, the arbitrator's appointed experts' fees and expenses, and the arbitration center's administrative expenses in accordance with the Rules. In its final decision, the arbitrator will determine the non-prevailing party's obligation to reimburse the amount paid in advance by the prevailing party for these fees. Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision.
6.5 Force Majeure. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement (except payment obligations) due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence.
6.6 Notices. Any notice or communication hereunder shall be in writing and either personally delivered or sent via confirmed facsimile, confirmed electronic transmission, recognized express delivery courier or certified or registered mail, prepaid and return receipt requested, addressed to the other party, which, in the case of Developer, shall be the email address provided to Crashlytics upon signing up for the Services or upon signing up to access the Crashlytics Fabric services, and, in the case of Crashlytics, shall be Google LLC 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, with a copy to Legal Department. All notices shall be in English, and deemed to have been received when they are hand delivered, or five business days after their mailing, or upon confirmed electronic transmission or confirmed facsimile transmission.
6.7 Assignment. This Agreement and the rights and obligations hereunder may not be assigned, transferred or delegated, in whole or in part, whether voluntarily or by operation of law, contract, merger (whether Developer is the surviving or disappearing entity), stock or asset sale, consolidation, dissolution, through government action or otherwise, by Developer without Crashlytics's prior written consent. Any assignment or transfer in violation of the foregoing shall automatically be null and void, and Crashlytics may immediately terminate this Agreement upon such an attempt. This Agreement shall be binding upon, and inure to the benefit of, any permitted successors, representatives, and permitted assigns of the parties hereto.
6.8 Independent Contractors. The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent, or representative of the other party, or both parties as joint venturers or partners for any purpose.
Appendix A - Standard EULA
You, the Beta Tester, and the Developer ("Licensor") of the Beta Application you access and use via the Services agree to comply with the terms of this EULA in connection with your access and use of such Beta Application (the "Application").
Relationship between the Parties. Licensor and the Beta Tester acknowledge that this Standard EULA is entered into by and between Licensor and the Beta Tester only, and not with Google LLCand its worldwide affiliates ("Crashlytics"), and Licensor, not Crashlytics, is solely responsible and liable for the Application accessed and used by the Beta Tester, including (i) any related maintenance and support, (ii) any and all express, implied, or statutory warranties associated with the Application, and (iii) any disputes or claims arising out of or related to the access and use of the Application.
License. Subject to your compliance with this Standard EULA, the Licensor grants you a limited, nonexclusive, non-assignable, non-sublicensable license to access, download, and use the Application and any related documentation made available to you by the Licensor, solely for beta testing purposes. Licensor reserves all right, title, and interest in the Application not expressly granted to you, including but not limited to intellectual property rights. To the maximum extent permitted by law, you may not do any of the following with respect to the Application: (a) modify, reverse engineer, decompile, or disassemble the Application; (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Application; or (c) make any copy of or otherwise reproduce the Application. This license is effective until terminated by you or the Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term of this Standard EULA. Upon termination of the license, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
Consent to Data Processing and Transfer. Irrespective of which country you live in, you authorize us to use your information in, and as a result to transfer it to and store it in, the United States and any other country where we or Crashlytics operate. Privacy and data protection laws in some of these countries may vary from the laws in the country where you live.
No Compensation. By becoming a Beta Tester, you are acting as a volunteer. You will bear your own costs, including any mobile carrier and data costs that you incur in connection with your use of the Application or any User Feedback (defined in Section 2 above) that you submit.
User Feedback. You agree to use reasonable efforts to beta test any application downloaded from the Services. User Feedback shall be owned by the Licensor. You hereby assign all of your right, title, and interest in and to any User Feedback to Licensor and acknowledge that Licensor has the unrestricted right to use and exploit such User Feedback in any manner, with or without attribution, and without compensation or any duty to account to you for such use.
Confidentiality. The Application and related information that Licensor provides to you are Licensor's confidential information. You will not disclose information about the Application or any other Licensor confidential information to anyone other than Licensor's employees, unless Licensor gives you written permission. For example, do not share screenshots or video clips of the Application with your friends, family, coworkers, or the media. You will also take reasonable precautions to prevent anyone from obtaining Licensor's confidential information. For example, you should restrict access to your mobile device, prevent others from watching you use the Application, and not create any screenshots or video clips of the Application.
Disclaimer.  THE APPLICATION IS NOT READY FOR COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, AND DEFECTS.
Limitation of Liability.  SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR AND ITS SUPPLIERS' AGGREGATE LIABILITY ARISING FROM YOUR USE OR INABILITY TO USE THE APPLICATION EXCEED FIFTY UNITED STATES DOLLARS (US $50.00).
Google Cloud Platform Terms of Service
Last modified: July 22, 2019 | Previous Versions
If you are accessing Google Cloud Platform as a customer of a Google Cloud Platform reseller, the terms below do not apply to you, and your agreement with your reseller governs your use of Google Cloud Platform.
If you signed an offline variant of this Agreement for use of Google Cloud Platform under the same Google Cloud Platform Account, the terms below do not apply to you, and your offline terms govern your use of Google Cloud Platform.
If your billing account is in India, please review these Terms of Service, which apply to your use of Google Cloud Platform.
If your billing account is in Brazil, please review these Terms of Service, which apply to your use of Google Cloud Platform.
Se a sua conta para faturamento é no Brasil, por gentileza veja o Termos de Serviço, que será o Termo aplicável à sua utilização da Google Cloud Platform.
Google Cloud Platform Agreement
This Google Cloud Platform Agreement (the "Agreement") is made and entered into by and between Google and the entity or person agreeing to these terms ("Customer"). "Google" means either (i) Google Commerce Limited ("GCL"), a company incorporated under the laws of Ireland, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer has a billing address in the EU or Turkey and has chosen "non-business" as the tax status/setting for its Google account, (ii) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer's billing address is in any country within Europe, the Middle East, or Africa ("EMEA"), (iii) Google Asia Pacific Pte. Ltd., with offices at 70 Pasir Panjang Road, #03-71, Mapletree Business City II Singapore 117371, if Customer's billing address is in any country within the Asia Pacific region ("APAC") except as provided below for Customers with the billing address in Japan, Australia, or New Zealand, (iv) Google Cloud Japan G.K., with offices at Roppongi Hills Mori Tower, 10-1, Roppongi 6-chome, Minato-ku Tokyo, if Customer's billing address is in Japan, (v) Google Australia Pty Ltd., with offices at Level 5, 48 Pirrama Road, Pyrmont, NSW 2009 Australia, if Customer's billing address is in Australia, (vi) Google Cloud Canada Corporation, with offices at 111 Richmond Street West, Toronto, ON M5H 2G4, Canada, if Customer's billing address is in Canada, or (vii) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Customer's billing address is in any country in the world other than those in EMEA and APAC. For Customers with a billing address in New Zealand, this Agreement is made and entered into by and between Customer and Google New Zealand Limited, with offices at PWC Tower, Level 27, 188 Quay Street, Auckland, New Zealand 1010 , as an authorized reseller in New Zealand of the Services and "Google" means Google Asia Pacific Pte. Ltd. and/or its affiliates (including Google New Zealand Limited) as the context requires.
This Agreement is effective as of the date Customer clicks to accept the Agreement (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Service. For an offline variant of this Agreement, you may contact Google for more information.
1.1 Services Use. Subject to this Agreement, during the Term, Customer may: (a) use the Services, (b) integrate the Services into any Application that has material value independent of the Services, and (c) use any Software provided by Google as part of the Services. Customer may not sublicense or transfer these rights except as permitted under the Assignment section of the Agreement.
1.2 Console. Google will provide the Services to Customer. As part of receiving the Services, Customer will have access to the Admin Console, through which Customer may administer the Services.
1.3 Facilities. All facilities used to store and process an Application and Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where Google processes and stores its own information of a similar type. Google has implemented at least industry standard systems and procedures to (i) ensure the security and confidentiality of an Application and Customer Data, (ii) protect against anticipated threats or hazards to the security or integrity of an Application and Customer Data, and (iii) protect against unauthorized access to or use of an Application and Customer Data.
1.4 Data Location. Customer may select where certain Customer Data will be stored ("Data Location Selection"), and Google will store it there in accordance with the Service Specific Terms. If a Data Location Selection is not covered by the Service Specific Terms (or a Data Location Selection is not made by Customer with respect to any Customer Data), Google may process and store the Customer Data anywhere Google or its agents maintain facilities. By using the Services, Customer consents to this processing and storage of Customer Data. Under this Agreement, Google is merely a data processor.
1.5 Accounts. Customer must have an Account and a Token (if applicable) to use the Services, and is responsible for the information it provides to create the Account, the security of the Token and its passwords for the Account, and for any use of its Account and the Token. If Customer becomes aware of any unauthorized use of its password, its Account or the Token, Customer will notify Google as promptly as possible. Google has no obligation to provide Customer multiple Tokens or Accounts.
1.6 New Applications and Services. Google may: (i) make new applications, tools, features or functionality available from time to time through the Services and (ii) add new services to the "Services" definition from time to time (by adding them at the URL set forth under that definition), the use of which may be contingent upon Customer's agreement to additional terms.
1.7 Modifications.
a. To the Services. Google may make commercially reasonable updates to the Services from time to time. If Google makes a material change to the Services, Google will inform Customer, provided that Customer has subscribed with Google to be informed about such change.
b. To the Agreement. Google may make changes to this Agreement, including pricing (and any linked documents) from time to time. Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after they are posted, except if the changes apply to new functionality in which case they will be effective immediately. Google will provide at least 90 days' advance notice for materially adverse changes to any SLAs by either: (i) sending an email to Customer's primary point of contact; (ii) posting a notice in the Admin Console; or (iii) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, please stop using the Services. Google will post any modification to this Agreement to the Terms URL.
c. To the Data Processing and Security Terms. Google may only change the Data Processing and Security Terms where such change is required to comply with applicable law, applicable regulation, court order, or guidance issued by a governmental regulator or agency, where such change is expressly permitted by the Data Processing and Security Terms, or where such change:
(i) is commercially reasonable;
(ii) does not result in a degradation of the overall security of the Services;
(iii) does not expand the scope of or remove any restrictions on Google's processing of Customer Personal Data, as described in Section 5.2 (Scope of Processing) of the Data Processing and Security Terms; and
(iv) does not otherwise have a material adverse impact on Customer's rights under the Data Processing and Security Terms.
If Google makes a material change to the Data Processing and Security Terms in accordance with this Section, Google will post the modification to the URL containing those terms.
1.8 Service Specific Terms and Data Processing and Security Terms. The Service Specific Terms and Data Processing and Security Terms are incorporated by this reference into the Agreement.
2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on (i) Customer's use of the Services during the previous Fee Accrual Period (including, if any, the relevant Fee for TSS set forth in the Fees definition below); (ii) any Reserved Units selected; (iii) any Committed Purchases selected; and/or (iv) any Package Purchases selected. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as set forth in the invoice. Customer's obligation to pay all Fees is non-cancellable. Google's measurement of Customer's use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
2.3 Taxes. (a) Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
(b) If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer.
2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted prior to the payment due date. If the parties determine that certain billing inaccuracies are attributable to Google, Google will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Google will apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within sixty days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Google and will only be in the form of credit for the Services. Nothing in this Agreement obligates Google to extend credit to any party.
2.5 Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Google in collecting such delinquent amounts. If Customer is late on payment for the Services, Google may Suspend the Services or terminate the Agreement for breach pursuant to Section 9.2.
2.6 No Purchase Order Number Required. For clarity, Customer is obligated to pay all applicable Fees without any requirement for Google to provide a purchase order number on Google's invoice (or otherwise).
3.1 Compliance. Customer is solely responsible for its Applications, Projects, and Customer Data and for making sure its Applications, Projects, and Customer Data comply with the AUP. Google reserves the right to review the Application, Project, and Customer Data for compliance with the AUP. Customer is responsible for ensuring all Customer End Users comply with Customer's obligations under the AUP, the Service Specific Terms, and the restrictions in Sections 3.3 and 3.5 below.
3.2 Privacy. Customer will obtain and maintain any required consents necessary to permit the processing of Customer Data under this Agreement.
3.3 Restrictions. Customer will not, and will not allow third parties under its control to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (subject to Section 3.4 below and except to the extent such restriction is expressly prohibited by applicable law); (b) use the Services for High Risk Activities; (c) sublicense, resell, or distribute any or all of the Services separate from any integrated Application; (d) create multiple Applications, Accounts, or Projects to simulate or act as a single Application, Account, or Project (respectively) or otherwise access the Services in a manner intended to avoid incurring Fees or exceed usage limits or quotas; (e) unless otherwise set forth in the Service Specific Terms, use the Services to operate or enable any telecommunications service or in connection with any Application that allows Customer End Users to place calls or to receive calls from any public switched telephone network; or (f) process or store any Customer Data that is subject to the International Traffic in Arms Regulations maintained by the Department of State. Unless otherwise specified in writing by Google, Google does not intend uses of the Services to create obligations under HIPAA, and makes no representations that the Services satisfy HIPAA requirements. If Customer is (or becomes) a Covered Entity or Business Associate, as defined in HIPAA, Customer will not use the Services for any purpose or in any manner involving Protected Health Information (as defined in HIPAA) unless Customer has received prior written consent to such use from Google.
3.4 Third Party Components. Third party components (which may include open source software) of the Services may be subject to separate license agreements. To the limited extent a third party license expressly supersedes this Agreement, that third party license governs Customer's use of that third party component.
3.5 Documentation. Google may provide Documentation for Customer's use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Applications may be built or the Services may be used and Customer will comply with any such restrictions specified.
3.6 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally or not without their input. Google responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to applicable copyright laws including in particular the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customer's or Customer End Users' copyrights and wants to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at http://www.google.com/dmca.html.
4.1 AUP Violations. If Google becomes aware that Customer's or any Customer End User's use of the Services violates the AUP, Google will give Customer notice of the violation by requesting that Customer correct the violation. If Customer fails to correct the violation within 24 hours of Google's request, then Google may Suspend all or part of Customer's use of the Services until the violation is corrected.
4.2 Other Suspension. Notwithstanding Section 4.1 (AUP Violations) Google may immediately Suspend all or part of Customer's use of the Services if: (a) Google believes Customer's or any Customer End User's use of the Services could adversely impact the Services, other customers' or their end users' use of the Services, or the Google network or servers used to provide the Services, which may include use of the Services for cryptocurrency mining without Google's prior written approval; (b) there is suspected unauthorized third-party access to the Services; (c) Google believes it is required to Suspend immediately to comply with applicable law; or (d) Customer is in breach of Section 3.3 (Restrictions). Google will lift any such Suspension when the circumstances giving rise to the Suspension have been resolved. At Customer's request, unless prohibited by applicable law, Google will notify Customer of the basis for the Suspension as soon as is reasonably possible.
5.1 Intellectual Property Rights. Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and the Application or Project (if applicable), and Google owns all Intellectual Property Rights in the Services and Software.
5.2 Use of Customer Data. Google will not access or use Customer Data, except as necessary to provide the Services and TSS to Customer.
5.3 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer hereby irrevocably assigns to Google all right, title, and interest in that Feedback.
5.4 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation (each, a "Test") of the Services, unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google-directed third party) may conduct Tests of any publicly available products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test). To the extent this Section 5.4 conflicts with any other Customer product or service terms, this Section 5.4 will govern.
6.1 By Customer. Customer is responsible for technical support of its Applications and Projects.
6.2 By Google. Subject to payment of applicable support Fees, Google will provide TSS to Customer during the Term in accordance with the TSS Guidelines. Certain TSS levels include a minimum recurring Fee as described in the "Fees" definition below. If Customer downgrades its TSS level during any calendar month, Google may continue to provide TSS at the same level and TSS Fees before the downgrade for the remainder of that month.
7.1 Discontinuance of Services. Subject to Section 7.2, Google may discontinue any Services or any portion or feature for any reason at any time without liability to Customer.
7.2 Deprecation Policy. Google will announce if it intends to discontinue or make backwards incompatible changes to the Services specified at the URL in the next sentence. Google will use commercially reasonable efforts to continue to operate those Services versions and features identified at https://cloud.google.com/terms/deprecation without these changes for at least one year after that announcement, unless (as Google determines in its reasonable good faith judgment):
(i) required by law or third party relationship (including if there is a change in applicable law or relationship), or
(ii) doing so could create a security risk or substantial economic or material technical burden.
The above policy is the "Deprecation Policy."
8.1 Obligations. The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential.
8.2 Required Disclosure. Notwithstanding any provision to the contrary in this Agreement, the recipient may also disclose Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (i) promptly notify the other party of such disclosure before disclosing; and (ii) comply with the other party's reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (i) and (ii) above will not apply if the recipient determines that complying with (i) and (ii) could: (a) result in a violation of Legal Process; (b) obstruct a governmental investigation; and/or (c) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users' use of the Services.
9.1 Agreement Term. The "Term" of this Agreement will begin on the Effective Date and continue until the Agreement is terminated as set forth in Section 9 of this Agreement.
9.2 Termination for Breach. Either party may terminate this Agreement for breach if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches. In addition, Google may terminate any, all, or any portion of the Services or Projects, if Customer meets any of the conditions in Section 9.2(i), (ii), and/or (iii).
9.3 Termination for Inactivity.
Google reserves the right to terminate the provision of the Service(s) to a Project upon 30 days advance notice if, for a period of 60 days (i) Customer has not accessed the Admin Console or the Project has had no network activity; and (ii) such Project has not incurred any Fees for such Service(s).
9.4 Termination for Convenience. Customer may stop using the Services at any time. Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Google may terminate this Agreement for its convenience at any time without liability to Customer.
9.5 Effect of Termination. If the Agreement is terminated, then: (i) the rights granted by one party to the other will immediately cease; (ii) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; (iii) Customer will delete the Software, any Application, Instance, Project, and any Customer Data; and (iv) upon request, each party will use commercially reasonable efforts to return or destroy all Confidential Information of the other party.
13.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR GOOGLE'S SUPPLIERS, WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
13.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR GOOGLE'S SUPPLIERS, MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
13.3 Exceptions to Limitations. These limitations of liability do not apply to violations of a party's Intellectual Property Rights by the other party, indemnification obligations, or Customer's payment obligations.
14.1 By Customer. Unless prohibited by applicable law, Customer will defend and indemnify Google and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from: (i) any Application, Project, Instance, Customer Data or Customer Brand Features; or (ii) Customer's, or Customer End Users', use of the Services in violation of the AUP.
14.2 By Google. Google will defend and indemnify Customer and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising solely from an Allegation that use of (a) Google's technology used to provide the Services or (b) any Google Brand Feature infringes or misappropriates the third party's patent, copyright, trade secret, or trademark.
14.3 Exclusions. This Section 14 will not apply to the extent the underlying Allegation arises from:
a. the indemnified party's breach of this Agreement;
b. modifications to the indemnifying party's technology or Brand Features by anyone other than the indemnifying party;
c. combination of the indemnifying party's technology or Brand Features with materials not provided by the indemnifying party; or
d. use of non-current or unsupported versions of the Services or Brand Features;
14.4 Conditions. Sections 14.1 and 14.2 will apply only to the extent:
a. The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 14.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party's obligations under Section 14.1 or 14.2 (as applicable) will be reduced in proportion to the prejudice.
b. The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party's prior written consent, not to be unreasonably withheld, conditioned, or delayed.
14.5 Remedies.
a. If Google reasonably believes the Services might infringe a third party's Intellectual Property Rights, then Google may, at its sole option and expense: (a) procure the right for Customer to continue using the Services; (b) modify the Services to make them non-infringing without materially reducing their functionality; or (c) replace the Services with a non-infringing, functionally equivalent alternative.
b. If Google does not believe the remedies in Section 14.5(a) are commercially reasonable, then Google may Suspend or terminate Customer's use of the impacted Services.
14.6 Sole Rights and Obligations. Without affecting either party's termination rights, this Section 14 states the parties' only rights and obligations under this Agreement for any third party's Intellectual Property Rights Allegations and Third-Party Legal Proceedings.
16.1 Notices. All notices must be in writing and addressed to the other party's legal department and primary point of contact. The email address for notices being sent to Google's Legal Department is<EMAIL_ADDRESS>Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
16.2 Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void.
16.3 Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within thirty days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and thirty days after it receives that written notice.
16.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
16.5 No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
16.6 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
16.7 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
16.8 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
16.9 Equitable Relief. Nothing in this Agreement will limit either party's ability to seek equitable relief.
16.10 U.S. Governing Law.
a. For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.
b. For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES.
c. For All Other Entities. If Customer is any entity not set forth in Section 16.10(a) or (b) then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
16.11 Amendments. Except as set forth in Section 1.7(b) or (c), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
16.12 Survival. The following Sections will survive expiration or termination of this Agreement: 5, 8, 9.5, 13, 14, and 16.
16.13 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. The terms located at a URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in this Agreement.
16.14 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL. If Google provides this Agreement in more than one language for the country of your billing address, and there is a discrepancy between the English text and the translated text, the English text will govern.
16.15 Definitions.
"Account" means Customer's Google Cloud Platform account.
"Admin Console" means the online console(s) and/or tool(s) provided by Google to Customer for administering the Services.
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Submit a Distributed Training Job¶
The user can submit a distributed training job with Python code, rather than with a command-line interface.
Runtime Environment On Kubernetes¶
For a distributed training job, there is two Docker image called runtime Docker image and base Docker image. The runtime Docker image is the Docker image that gets scheduled by Kubernetes to run during training. The base Docker image is for building the runtime Docker image.
Base Docker Image¶
Usually, the base Docker image is PaddlePaddle product Docker image including paddle binary files and python package. And of course, users can specify any image name hosted on any docker registry which users have the access right.
Runtime Docker Image¶
The trainer package which user upload and some Python dependencies are packaged into a runtime Docker image based on base Docker image.
Handle Python Dependencies
You need to provide requirements.txt file in your
trainer-package
folder. Example:pillow protobuf==3.1.0
More details about requirements, an example project looks like:
paddle_example |-quick_start |-trainer.py |-dataset.py |-requirements.txt
Submit Distributed Training Job With Python Code¶
paddle.job.dist_train()
will call the Job Server API/v1/packages
to upload the trainer package and save them on CephFS, and then call/v1/trainer/job
to submit the PaddlePaddle distributed job./v1/trainer/job
will start a building job for preparing the runtime Docker image. When the building job is finished, Job Server will submit the PaddlePaddle distributed job to Kubernetes.- NOTE: For the first version, we will not prepare the runtime Docker image, instead, the package is uploaded to Paddle Cloud, and Paddle Cloud will mount the package in a temporary folder into the base Docker image. We will not support custom Python dependencies in the first version as well.
You can call paddle.job.dist_train
and provide distributed training configuration as the parameters:
paddle.job.dist_train(
trainer=dist_trainer(),
paddle_job=PaddleJob(
job_name = "paddle-cloud",
entry_point = "python %s"%__file__,
trainer_package = "/example/word2vec",
image = "yancey1989/paddle-job",
trainers = 10,
pservers = 3,
trainer_cpu = 1,
trainer_gpu = 1,
trainer_mem = "10G",
pserver_cpu = 1,
pserver_mem = "2G"
))
The parameter trainer
of paddle.job.dist_train
is a function and you can implement it as follows:
def dist_trainer():
def trainer_creator():
trainer = paddle.v2.trainer.SGD(...)
trainer.train(...)
return trainer_creator
The pseudo code of paddle.job.dist_train
is as follows:
def dist_train(trainer, paddle_job):
# if the code is running on cloud, set PADDLE_ON_CLOUD=YES
if os.getenv("RUNNING_ON_CLOUD", "NO") == "NO":
#submit the paddle job
paddle_job.submit()
else:
#start the training
trainer()
PaddleJob Parameters¶
parameter | type | explanation — | — | — job_name | str | the unique name for the training job entry_point | str | entry point for startup trainer process trainer_package | str | trainer package file path which user have the access right image|str|the base image for building the runtime image pservers|int| Parameter Server process count trainers|int| Trainer process count pserver_cpu|int| CPU count for each Parameter Server process pserver_mem|str| memory allocated for each Parameter Server process, a plain integer using one of these suffixes: E, P, T, G, M, K trainer_cpu|int| CPU count for each Trainer process trainer_mem|str| memory allocated for each Trainer process, a plain integer using one of these suffixes: E, P, T, G, M, K trainer_gpu|int| GPU count for each Trainer process, if you only want CPU, do not set this parameter
Deploy Parameter Server, Trainer and Master Process¶
- Deploy PaddlePaddle Parameter Server processes, it’s a Kubernetes ReplicaSet.
- Deploy PaddlePaddle Trainer processes, it’s a Kubernetes Job.
- Deploy PaddlePaddle Master processes, it’s a Kubernetes ReplicaSet.
Job Server¶
RESTful API
Job server provides RESTful HTTP API for receiving the trainer package and displaying PaddlePaddle job related informations.
POST /v1/package
receive the trainer package and save them on CephFSPOST /v1/trainer/job
submit a trainer jobGET /v1/jobs/
list all jobsGET /v1/jobs/<job-name>
the status of a jobDELETE /v1/jobs/<job-name>
delete a jobGET /v1/version
job server version
Build Runtime Docker Image on Kubernetes
paddle.job.dist_train
will upload the trainer package to Job Server, save them on the distributed filesystem, and then start up a job for building the runtime Docker image that gets scheduled by Kubernetes to run during training.There are some benefits for building runtime Docker image on JobServer:
- On Paddle Cloud, users will run the trainer code in a Jupyter Notebook which is a Kubernetes Pod, if we want to execute
docker build
in the Pod, we should mount the host’sdocker.sock
to the Pod, user’s code will connect the host’s Docker Engine directly, it’s not safe. - Users only need to upload the training package files, does not need to install docker engine, docker registry as dependencies.
- If we want to change another image type, such as RKT, users do not need to care about it.
- On Paddle Cloud, users will run the trainer code in a Jupyter Notebook which is a Kubernetes Pod, if we want to execute
Deploy Parameter Server, Trainer and Master Processes
POST /v1/trainer/job
receives the distributed training parameters, and deploy the job as follows:- Deploy PaddlePaddle Parameter Server processes, it’s a Kubernetes ReplicaSet.
- Deploy PaddlePaddle Trainer processes, it’s a Kubernetes Job.
- Deploy PaddlePaddle Master processes, it’s a Kubernetes ReplicaSet.


--- layout: archive title: Zulip Chat Archive permalink: /stream/113488-general/topic/decidable.20.26.20classical.html ---
Do we have a standard way to deal with different instances of decidable
?
I can congr; split_ifs; refl
but it's not convenient.
Note that this problem is present even with open_locale classical
because some lemmas generate instances based on classical
.
E.g., when I do rw
inside the argument of ite
.
Not rw
but simp only
.
Why do you have access to multiple equivalent instances of decidable
? I think eliminating the redundancy would be best if it's possible
It seems that this will be fixed in 3.8.0.
I mean, my particular source of redundancy.
What's the fix?
It came from simp
lifying condition of ite
, and before 3.8.0 the congr
lemma inserts some eq.rec
.
Last updated: Apr 24 2020 at 19:02 UTC


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As AMD opens up a can of performance that is just baffling, we have two more reviews to offer to you today. These are crazy times in the desktop processor landscape. CPUs with 24 to even 32 processor cores are slowly becoming the norm. AMD just released their 3rd generation of Threadripper processors, based on ZEN2 cores the performance is just staggering in each and every way you look at it: