The Google Gtrial Community

  1. Participation.
    • Google may give you access to certain products and services, which are in different stages of development (the “Products and Services”). Those Products and Services may not always perform as specified. 
      • You are responsible for protecting yourself, your property and data, and others from any risks caused by Google Products and Services.
    • Google may ask you to provide feedback. You are not required to provide feedback but if you do, it must only be from you, truthful, and accurate. 
    • Google will not provide any compensation for your participation and your participation may be suspended at any time. 
  2. Consent to Data Collection
    • You consent to the data collection described in this Agreement (which, if EU data protection law applies to the processing, is our legal basis for processing your personal data).  Products and Services may collect (i) product health data, including crashes and stability events, connectivity information, battery and charging metrics, and user interface responsiveness and consistency data (collectively, “Product Health Data”), and (ii) usage data regarding counts, duration, timestamps, and metadata of events occurring on the Products and Services, including application usage, camera and other sensor usage, device settings, device storage, and transmission and reception modules (collectively, “Usage Data”).  
    • Some Products and Services will collect data from individuals other than you, including your family, friends, or members of your household.  For trials of those Products and Services, you may be required to obtain those other people’s agreement to these or similar terms.
  3. 3. Intellectual Property Rights.
    • Google Products and Services. You may use the Google Products and Services provided to you to evaluate them. Google retains title, ownership and all rights to any Google Products and Services and anything else that Google makes available to you.
    • Software Developed by You: You may also use the Google Products and Services provided to you to develop software that interacts with the Google Products and Services. Any software you develop may not violate applicable laws, Google’s or any third party rights, or any Google policies we notify to you. You retain title, ownership and all rights to any software you develop. 
    • Google’s Ownership Rights: Google shall own all rights to anything you choose to submit under this agreement, including feedback and other information (collectively, “Submissions”). If that isn’t possible, then you agree to transfer all of your rights regarding your Submissions to Google, give Google an exclusive, irrevocable, worldwide, royalty-free license to your Submissions to Google, or, upon Google’s request, grant Google any other reasonable rights. You will transfer your Submissions to Google, and sign documents and provide support as requested by Google, and you appoint Google to act on your behalf to secure these rights from you. You waive any moral rights you have and agree not to exercise them, unless you notify Google and follow Google’s instructions. 
    • Google’s License Rights in Audio and Video Submissions.  Notwithstanding Section 3(c) above, with respect to any video or audio Submissions collected under this agreement, you will retain all ownership rights but hereby grant to Google a worldwide, non-exclusive, irrevocable, perpetual, sublicensable, transferable, royalty-free, and fully paid-up right and license for all purposes.  
    • Waiver of Rights in Submissions.  You waive any right to inspect or approve the Submissions, including video and audio Submissions, that may be used in conjunction with such content now or in the future, and you waive any right to royalties or other compensation arising from or related to the use of the Submissions. It is in our discretion to decide whether and how to use the Submissions. You acknowledge that Submissions may be accessed, viewed, and used by Google employees and contractors, including using Google resources and tools, and it’s your responsibility not to submit video or audio clips of other people without their permission or in a way that would violate their rights.
    • Representations and Warranties regarding Submissions.  You hereby represent and warrant that the Submissions do not infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party. In addition, you represent and warrant that you (1) will not share your camera feed publicly or share any clips or recorded content publicly; (2) will not use the Products and Services to capture footage of a business or other place of public accommodation, and (3) have received and will maintain the necessary consents, permissions and approvals from the owner(s) or occupants of any premises where the Products and Services will be used and from anyone who appears or is heard in any of your Submissions.
  4. Confidentiality.
    • Any information that Google provides under this agreement, as well as your feedback and other Submissions, is confidential. As an exception, information that you knew before receiving it from Google, public information, or information that was lawfully disclosed to you is not confidential. You must immediately tell Google if you are legally required to disclose confidential information.
    • You must keep all of Google’s confidential information secret and use it only to evaluate Google Products and Services.
  5. Term. This agreement becomes effective when you click the “I Agree” button and remains in force until either party gives written termination notice, which shall be effective immediately. Upon termination, you will provide to Google, or, at Google’s sole discretion, promptly destroy and delete all Submissions and confidential information, and, if requested by Google, certify in writing compliance with this Section 4. Google shall remove you from the program and any related mailing lists within thirty (30) days of receiving your termination notice. Section 3(b), Section 3(c), 3(d), 3(e), 3(f) and Sections 4 through 10 survive any termination of this agreement.
  6. Warranty Disclaimer. GOOGLE PROVIDES ALL GOOGLE PRODUCTS AND OTHER ITEMS AND INFORMATION HEREUNDER “AS IS” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. GOOGLE DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF ANY DISSATISFACTION IS TERMINATION IN ACCORDANCE WITH SECTION 4.
  7. Limitation of Liability. IN NO EVENT SHALL GOOGLE HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OR DATA, OR COST OF COVER. GOOGLE’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR HARM CAUSED BY ANY GOOGLE PRODUCT SHALL NOT EXCEED THE MONETARY VALUE OF ANY FEEDBACK PROVIDED BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS LESS. THE LIMITATIONS OF LIABILITY IN THIS SECTION 7 SHALL APPLY TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF GOOGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY IN THIS SECTION 7 SHALL NOT APPLY, HOWEVER, WITH RESPECT TO ANY DAMAGES THAT GOOGLE INTENTIONALLY CAUSES TO YOU.
  8. Indemnification. You agree to hold harmless and indemnify Google, its employees, agents, and representatives, from and against any third party claim related to your use of Google Products and Services or other activities under this agreement.
  9. Governing Law. This agreement is governed by California law, excluding California’s choice of law rules. FOR ANY DISPUTE RELATING TO THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA, except that either party may seek injunctive relief in any court of competent jurisdiction worldwide.
  10. Miscellaneous. The parties are independent contractors, and this agreement does not create an agency, partnership or joint venture. Your rights and obligations under this agreement are specific to you, and you cannot assign them to anyone else. Google may freely assign or delegate its rights and obligations under this agreement. This is the entire agreement between you and Google. Google can modify the agreement and notify you, and your continued participation in the program shall constitute your acceptance of the modified agreement. You may not modify this agreement without Google’s written consent. Failure to enforce any provision will not constitute a waiver. The English language version is legally binding and shall prevail in case of any inconsistencies with translated versions.