License. TA grants Licensee a non-transferable, non-exclusive, revocable, limited license to access and use Google Sync solely for use as part of the Software services. TA may update or modify, release new versions of, or create new modules for Google Sync, each of which may be included within the license described above. Licensee may use Google Sync only while Licensee is a participant in TA’s services. In any case, Licensee’s participation may be suspended or terminated at any time by TA for any reason. Licensee is responsible for providing the equipment and services, if any, and configuring the same correctly, as necessary for Licensee’s access to Google Sync.
Service Availability; Modifications. TA will use commercially reasonable efforts to make Google Sync available to Licensee. TA makes no guarantee as to the continuous availability of Google Sync or any specific feature of Google Sync. Licensee hereby waives all claims for damages for Google Sync unavailability and indemnifies TA for any similar claims made by any other users on Licensee’s account. TA may change, modify, suspend, or discontinue any aspect of Google Sync at any time, including, without limitation, the availability of any Google Sync feature, database or content, or hours of availability. and expenses) arising out of Licensee’s use of Google Sync for such purposes.
Use Of Google Sync. The software, hardware, and other technologies which TA uses to deliver Google Sync contain confidential and proprietary information, trade secrets, and other property rights, and all rights to Google Sync and all property rights related to Google Sync, including without limitation all patents (registered or unregistered), trade secrets (including diagrams, drawings, processes, production methods, information, data, computer software, and formulas), copyrights (whether registered or unregistered), domain names and subdomains, end-user and consumer information, work product resulting from custom implementation services, and contract rights, including all derivative works thereof, shall remain exclusively with TA or its applicable licensors. Licensee may not modify, create derivative works or, redistribute, sell, decompile, reverse engineer, or disassemble Google Sync or otherwise attempt to deduce the source code, design, or data transmission characteristics of Google Sync. Licensee agrees to indemnify TA for any claim or liability, and all resulting costs, damages, and expenses (including reasonable attorney’s fees and expenses) for any violation of this section by Licensee.
PLEASE NOTE Licensee’s use of Google Sync is also subject to Google’s Terms of Service, located here.
Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GOOGLE SYNC. TA MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF GOOGLE SYNC. GOOGLE SYNC IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EACH OF WHICH IS HEREBY DISCLAIMED). LICENSEE IS SOLELY RESPONSIBLE FOR THE BACKUP OF ANY DATA WHICH LICENSEE MAY REQUIRE BE STORED IN RESPECT OF GOOGLE SYNC. TA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF GOOGLE SYNC IS BORNE BY LICENSEE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO LICENSEE AND LICENSEE MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Further, TA disclaims any responsibility for the accuracy, content, or availability of information available through Google Sync, and TA shall not be held responsible for the accuracy, legality, or decency of material contained in third-party sites or through third-party services (including any service or content reached through Google Sync or the Platform), and Licensee hereby irrevocably waives any claim against TA with respect thereto.