Google Fiber Abstracted Motion Terms of Service and End User Licensing Agreement

Last modified: November, 2018

About the Application

Google Fiber Inc., located at 1600 Amphitheatre Pkwy, Mountain View, CA 94043 (“Google Fiber” or “us”) is proud to work alongside talented artists and community partners to help communities connect through art. The Google Fiber Abstracted Motion Application (“the Application”) is designed to allow visitors to experience some of this art in a new way, through the use of augmented reality technology. While the Application is free to download and use, your use of the Application is subject to these Application Terms of Service and End User Licensing Agreement (“Terms”).

These Terms govern your access to and use of the Application. These terms will be effective as of the date you click on the “I Accept” button displayed in connection with these Terms (the “Effective Date”). By clicking “I Accept” and/or using the Application, you are agreeing to these Terms and entering into a binding legal contract with Google Fiber. Please read these Terms and any other documents referenced in these Terms carefully.

These Terms affect your legal rights. They may limit our liability to you in the event of a legal dispute, waive your right to raise certain legal claims against us, and prevent you from bringing any claims you have against Google Fiber in a court of your own choosing. If you do not agree to these Terms, do not accept them or use the Application.

License

If you accept these Terms, we will grant you a nonexclusive, worldwide, and perpetual license to perform, display, and use the Application, subject to the additional provisions contained in the remainder of these Terms.

Using the Application

The Application is designed to access the augmented reality experience of the the Abstracted Motion mural in Raleigh, North Carolina. You should use the Application only for this purpose, and you may not misuse the Application. For example, don’t use the Application:

In a way that damages or destroys physical art.

To recruit for terrorist organizations, incite any form of violence, celebrate terrorist attacks, or otherwise promote acts of terrorism.

To encourage dangerous or illegal activities that have an inherent risk of serious physical harm or death.

To harass or bully anyone else.

To reveal someone else’s personal information without their consent, including sensitive personally identifiable information such as social security numbers, passport numbers, or bank account numbers.

To maliciously record someone without their consent.

To deliberately create or share content in order to humiliate someone.

To create content with the primary purpose of inciting hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.

To engage in unwanted sexualization of someone else, including by engaging in sexual harassment or sexual bullying in any form.

To defraud, blackmail, or extort anyone else.

To attempt to damage Google Fiber or anyone else’s systems or property through your use of the App.

You may use the Application only as permitted by law, including applicable export and re-export control laws and regulations and any applicable laws related to the transmission of unsolicited communications. Do not use such the Application on a mobile device in a way that distracts you and prevents you from obeying traffic or safety laws, or otherwise puts you or others in physical danger.

If you create content in which minors appear using the Application, you must:

Keep minors physically safe. Never put them in harmful situations that may lead to injury, including dangerous stunts, dares, and pranks.

Not cause emotional harm. Avoid situations that may cause emotional distress, such as exposing them to mature themes.

Not sexualize minors. You cannot use the Application to create or share sexually explicit content featuring minors or content that sexually exploits minors.

Respect a minor’s privacy. Secure consent from the minor’s parent or legal guardian before including them in photo or video content.

Using the Application does not give you ownership of any intellectual property rights in the Application, any other software or property belonging to Google Fiber, its partners and affiliates, or any third party, or the artwork you view or augment through the Application. You may not use images or content created through the Application for any purpose other than your own personal use and personal use by any individuals with whom you share such images or content.

These Terms do not grant you the right to use any Google Fiber branding or logos or the right to use or allow anyone else to use images or content created through the Application for any commercial purpose. Don’t remove, obscure, or alter any legal notices displayed in or along with the Application.

We may suspend or stop providing the Application to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Restrictions on Use of Application by Young Children

Children under the age of 13 (or the relevant age of consent in your jurisdiction) may not install or use the Application unless the Application has been downloaded from the Google Play Store in a manner consistent with all terms of the Google Play Store, available here, including all terms related to parental consent.

Privacy and Copyright Protection

The Application Privacy Notice explains the treatment and protection of your personal data in connection with your use of the Application. By using the Application, you agree to the practices described in or incorporated by reference into the Application Privacy Notice.

When you send content to or through the Application, you give Google Fiber (and those we work with) a worldwide license to transmit such content and to host, store, reproduce, or modify such content incident to transmission. Make sure you have the necessary rights to grant us this license for any content that you share using the Application.

We respond to notices of alleged copyright infringement and, where feasible, take action against repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you think somebody is using the Application to violate your copyrights and you want to notify us,you can find information about submitting notices here.

About Software in Our Services

Google Fiber gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Google Fiber as part of the Application. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Application, in the manner permitted by these Terms. Except as limited by the open source terms described below, you may not copy, modify, distribute, sell, or lease any part of the Application and its software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The Application incorporates certain licensed software, which third parties have developed. For example, the Application is powered by AR Core, Google LLC’s augmented reality platform. Some of these third-party components are open source. Open-source components of the Application are subject to the following terms:

Kino Post Processing Effects. Copyright © 2018 Keijiro Takahashi. Permission is hereby granted, free of charge, to any person obtaining a copy of Kino Post Processing software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: (i) The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. (ii) THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Lunar Unity Mobile Console. Copyright © 2018 Alex Lementuev, SpaceMadness. Licensed under the Apache License, Version 2.0 (the "License"); you may not use the Lunar Unity Mobile Console file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

NatShare API. Copyright © 2018 Yusuf Olokoba. Permission is hereby granted, free of charge, to any person obtaining a copy of the NatShare APIsoftware and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: (i) The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. (ii) THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Play Services Resolver for Unity. Copyright © 2014 Google Inc. Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

TextMesh Pro. Copyright © 2014-2018 Unity Technologies ApS. Licensed under the Unity Companion License for Unity-dependent projects--see Unity Companion License. Unless expressly provided otherwise, the Software under this license is made available strictly on an “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Please review the license for details on these and other terms and conditions.

Modifying and Terminating the Application

We may change or improve the Application, including by adding or removing functionalities or features. The Application may update automatically on your device once a new version or feature is available.

You can stop using the Application and/or uninstall the Application from your device at any time, although we’ll be sorry to see you go. Google Fiber may also stop providing the Application to you, stop providing any support or updates to the Application, or add or create new limits to the Application at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue the Application, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of the Application.

Our Warranties and Disclaimers

We provide the Application using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise. Other than as expressly set out in these Terms, neither Google Fiber nor its suppliers or distributors make any specific promises about the Application. For example, we don’t make any commitments about the content within the Application, the specific functions of the Application, or their reliability, availability, or ability to meet your needs. We provide the Application “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, we exclude all warranties.

Limitations of Liability

To the maximum extent permitted by applicable law, neither Google Fiber nor its suppliers and distributors will be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages in any claim arising from or relating to your use of the Application or these Terms.

To the maximum extent permitted by applicable law, the total liability of Google Fiber, and its suppliers and distributors, for any claim arising from or relating to your use of the Application or these Terms, including for any implied warranties, is limited to the amount you paid us to use the Application.

In all cases, Google Fiber, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

We recognize that in some jurisdictions, you might have specific legal rights as a consumer. Nothing in these Terms limits any consumer legal rights which may not be waived by contract.

We do not permit business or commercial use of the Application. If you violate this term, you and the business you represent will hold harmless and indemnify Google Fiber and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Application or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

About These Terms

We may modify these Terms to, for example, reflect changes to the law or changes to the Application. You should look at the Terms regularly. We’ll provide notice of modifications to these Terms through the Application. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you should discontinue your use of the Application.

These Terms control the relationship between Google Fiber and you related to the Application. They do not create any third party beneficiary rights.

These Terms constitute the entire agreement between you and Google Fiber related to the Application. Any other documents referenced in these Terms are explicitly incorporated by reference.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If a particular provision of these Terms is not enforceable, it shall be partially enforced to the maximum extent of the law.

You agree that the laws of California, U.S.A., excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these Terms or the Application will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google Fiber consent to personal jurisdiction in those courts.