Please Read the Terms and Conditions and fill out the form below to request the download data.
Google Map Maker Source Data License Agreement
Last updated: June 17, 2011
Thank you for your interest in the Google Map Maker Source Data. The Google Map Maker Source Data License Agreement gives non-profit entities, government agencies, and individuals the ability to use certain raw map data from Google Map Maker (the "Map Maker Source Data") to create or enhance their own non-commercial map-related projects (such as disaster-relief assessment studies). To help Google make your map data universally accessible and useful, we encourage you to share your edits and enhancements with the community by adding those edits and enhancements to Google Map Maker.
Please don't use the Map Maker Source Data if: (a) you are a for-profit entity; or (b) you want to use the map data for any commercial purpose; or (c) you want to create a mapping service (such as driving directions); or (d) you want to create any other service that is similar to a service already provided by Google through its products and APIs. Instead, please consider using the Google Maps APIs or Google's other products under the terms of service associated with those products.
Map Maker depends on users to create and edit the dynamic map data at mapmaker.google.com. Please join our map-making community and make it possible for us to provide more map data and map updates to the world!
1. Your relationship with Google.
1.1 Use of Map Maker Source Data is Subject to these Terms. Your use of Google Map Maker Source Data is subject to the terms of a legal agreement between you and Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, California 94043, United States ("Google"). This legal agreement is referred to as the "Terms".
1.2 The Terms include Google's Privacy Policy.
(a) Unless otherwise agreed in writing with Google, the Terms will include the following:
(i) the terms and conditions set forth in this document; and
(ii) Google's Privacy Policy.
(b) Before you use the Map Maker Source Data, you should read each of the documents comprising the Terms, and print or save a local copy for your records.
1.3 Use of Other Google Services and Additional Terms. If you use the Map Maker Source Data in conjunction with any other Google products or services, including any Google API (collectively, the Map Maker Source Data and all other Google products and services are referred to as the "Google Services"), your agreement with Google will also include the terms applicable to those Google Services. All of these are referred to as the "Additional Terms." If Additional Terms apply, they will be accessible to you either within or through your use of the applicable Google Services. If there is any contradiction between the Additional Terms and these Terms, then these Terms will take precedence only as they relate to the Map Maker Source Data, and not to any other Google Services.
1.4 Precedence of Map Maker Source Data Terms. If there is any contradiction between these Terms and other Map Maker-related documents (including but not limited to any Map Maker FAQs or documentation), then these Terms will take precedence as they relate to the Map Maker Source Data.
2. Accepting the Terms.
2.1 Clicking to Accept or Using the Map Maker Source Data. As a condition for your use of the Map Maker Source Data, you must agree to the Terms. You can accept the Terms by:
(a) clicking to accept the Terms (if this option is made available to you by Google in the user interface through which you access the Map Maker Source Data); or
(b) simply using the Map Maker Source Data (in which case, you understand and agree that Google will treat your use of the Map Maker Source Data as acceptance of the Terms from that point onwards).
2.2 U.S. Law Restrictions. You may not use the Map Maker Source Data and may not accept the Terms if you are a person barred from doing so under the laws of the United States.
2.3 Authority to Accept the Terms. You represent that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.
3. Privacy and Personal Information.
3.1 Google's Privacy Policy. For information about Google's data protection practices, please read Google's Privacy Policy at >http://www.google.com/privacy.html. This policy explains how Google treats your personal information and protects your privacy when you use the Map Maker Source Data.
3.2 Use of Your Data under Google's Privacy Policy. You agree to the use of your data in accordance with Google's Privacy Policy.
4. Provision of the Map Maker Source Data by Google.
4.1 Google's Subsidiaries and Affiliates. Google has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Map Maker Source Data on behalf of Google itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Map Maker Source Data to you under the Terms.
4.2 Changes to the Map Maker Source Data; Termination of Access to the Map Maker Source Data. Google is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form, nature, and content of the Map Maker Source Data that Google makes available for download may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Google may stop (temporarily or permanently) making available the download of Map Maker Source Data (or any data or features within the Map Maker Source Data) to you or to users generally at Google's sole discretion, without prior notice to you. Google reserves the right to refuse or discontinue offering downloads to the Map Maker Source Data to anyone, and to disable users' ability to download Map Maker Source Data at any time in its sole discretion with or without notice.
4.3 Limits on Use of the Map Maker Source Data Download. You acknowledge and agree that Google may impose or adjust the limit on the number of downloads you make; such fixed upper limits may be set by Google at any time, at Google's discretion.
4.4 Updates of the Map Maker Source Data. Google reserves the right to make available for download updated versions of the Map Maker Source Data and to require you to obtain and use the most recent version, but Google has no obligation to offer or continue offering any updated versions of the Map Maker Source Data.
5. Responsibility for Use of the Map Maker Source Data.
You agree that you will be solely responsible to Google for your use of the Map Maker Source Data. If you become aware of any unauthorized use of the Map Maker Source Data, please notify Google immediately. If you are an entity, you acknowledge and agree that you
are jointly and severally liable for the actions of your employees, contractors, agents, and other representatives.
6. Definitions under these Terms.
(a) "Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time.
(b) "You" (or “you”) means you and your employees, contractors, agents, and other representatives.
(c) "Your Map Project" means a project, study, analysis, application, website, product or service that uses the Map Maker Source Data in conjunction with Your Content, according to these Terms.
(d) "Your Content" means any content that you provide in Your Map Project, including data, images, video, or software. Your Content does not include the Map Maker Source Data.
7. Google's Proprietary Rights.
You acknowledge and agree that Google (or Google's licensors and their suppliers, as applicable) own all legal right, title and interest in and to the Map Maker Source Data, including any intellectual property rights that subsist in the Map Maker Source Data (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
8. Google's License Requirements.
Google's licenses to you below are subject to your adherence to the following requirements:
8.1 You Must Be a Non-Profit Entity, a Government Agency, or an Individual. You must be a non-profit entity, a government agency, or an individual acting on a not-for-profit basis. For-profit entities and individuals acting on a for-profit basis are not permitted to use the Map Maker Source Data, but may be eligible to use Google's other geo-related products, such as the Google Maps APIs, according to the terms of service for those products.
8.2 Your Map Project Must Be Non-Commercial and Free of Charge to Users.
(a) Your Map Project must be for non-commercial uses only. You cannot use Your Map Project to either directly or indirectly generate revenue as part of a for-profit enterprise. For example, Your Map Project cannot be hosted on the website of a for-profit company. However, Your Map Project can be hosted on the website of a validly-registered non-profit or governmental entity (as determined by the applicable law of your jurisdiction).
(b) Your Map Project must be free of charge. You may require users to log in to Your Map Project but you cannot require users to pay a fee (unless you have entered into a separate written agreement with Google or obtained Google's written permission to do so).
8.3 Your Map Project Must Provide Google with Attribution. Unless otherwise agreed to by Google in a written amendment to these Terms, in every instance in which the Map Maker Source Data are used in Your Map Project, Your Map Project must include the following attribution notice in accordance with the requirements below:
(a) Text of Notice: "Map Data from Google - Improve with Google Map Maker".
(b) Position of Notice: The Google attribution notice must be positioned in the lower right-hand corner of all maps in Your Map Project, and must be uniformly placed in the right-most position of any text string of attributions that is displayed on such maps. The Google attribution notice must also appear outside of the map in any documents associated with Your Map Project.
(c) Size of Notice: The Google attribution notice must be prominently displayed in either (i) 10 point font or (ii) the largest font size used for other attributions on Your Map Project, whichever of (i) or (ii) is larger.
(d) Hyperlink to Map Maker: If Your Map Project is accessed by users online, then to the extent technically feasible, the "Improve with Google Map Maker" text will be a live, clickable hyperlink to the applicable geographical region at http://mapmaker.google.com.
8.4 End User Terms and Privacy Policy. If you develop Your Map Project for use by other users, you must:
(a) display to the users of Your Map Project a link to these Terms;
(b) explicitly state in Your Map Project's terms of use that, by using Your Map Project, your users are agreeing to be bound by these Terms;
(c) explicitly state in Your Map Project's terms of use that, if the user creates a further map project containing the Map Maker Source Data, any users of that map project must also agree to be bound by these Terms; and
(d) protect the privacy and legal rights of those users. If Your Map Project enables you or any party to gain access to information about users of the Map Maker Source Data, including but not limited to personally identifying information or non-personally identifying usage information, you or the party receiving the information must make publicly available, and must abide by, an appropriate privacy policy in Your Map Project.
8.5 Responsibility for Breaches. You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of any such breach (including but not limited to any loss or damage that Google may suffer).
9. Licenses from Google to You.
9.1 Map Maker Source Data License. Subject to the License Requirements in Section 8.2 and all the other Terms, Google grants to you a personal, worldwide, royalty-free, non-assignable, non-exclusive, perpetual, revocable license to access, use, publicly perform, publicly display, modify, and create derivative works based on the Map Maker Source Data solely for use in Your Map Project. Without limiting the foregoing, you are permitted to sublicense the Map Maker Source Data subject to all of these Terms, including but not limited to the restrictions in Section 10.8 below. You understand that the Map Maker Source Data (including but not limited to map data, traffic, and directions) are provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the results depicted in the Map Maker Source Data. You should exercise judgment in your use of the Map Maker Source Data.
9.2 Brand Features License.
(a) Grant. Subject to these Terms, Google grants to you a personal, worldwide, royalty-free, non-assignable, non-transferable, and non-exclusive license to display Google's Brand Features, and to sublicense to your users the right to display Google's Brand Features, in all cases solely for the purpose of promoting or advertising your authorized use (or your users' authorized use) of the Map Maker Source Data in accordance with this Section and for the purpose of fulfilling your obligations (or your users' obligations) under the Terms. For purposes of this Section 9.2, the term "you" will mean both you and your users.
(b) Restrictions. In using Google Brand Features, you will not:
(i) display a Google Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Google, other than your use of the Map Maker Source Data, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Google or Google personnel;
(ii) use Google Brand Features to disparage Google, its products, or the Google Services;
(iii) display a Google Brand Feature in Your Map Project if Your Map Project contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
(iv) have the Google logo as the largest logo in Your Map Project or on your website (except as displayed in the map image itself);
(v) display a Google Brand Feature as the most prominent element in Your Map Project on any page of your website;
(vi) display a Google Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Google;
(vii) display a Google Brand Feature on a site or in an implementation that violates any law or regulation; or
(viii) remove, distort or alter any element of a Google Brand Feature (this includes squeezing, stretching, inverting, discoloring, etc.).
(c) No Further License Grant; No Challenges. Except as set forth in this Section, nothing in the Terms will grant or will be deemed to grant you any right, title or interest in or to Google's Brand Features. All use by you of Google's Brand Features (including any goodwill associated therewith) will inure to the benefit of Google. At no time during or after the Term will you challenge or assist others to challenge the Brand Features of Google (except to the extent such restriction is prohibited by law) or the registration thereof by Google, nor will you attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Google.
(d) Proprietary Rights Notices. In addition to providing Google with the attribution described in Section 8.3 above, you agree that you will not remove, obscure, or alter any proprietary rights notices (including but not limited to copyright and trademark notices, Terms of Use links, or Brand Features) that may be affixed to or provided with the Map Maker Source Data.
9.3 U.S. Government Restricted Rights. If the Map Maker Source Data are being used or accessed by or on behalf of the United States government, such use is subject to additional terms located in the "Government End Users" section of our Legal Notices page.
9.4 Determination of Compliance. Google reserves the sole right and discretion to determine whether your use of the Map Maker Source Data and Brand Features is in compliance with these Terms.
10. License Restrictions.
Except as expressly permitted under the Terms, or unless you have received prior written authorization from Google, the licenses granted to you in Section 9 are subject to all of the restrictions below:
10.1 You must not access the Map Maker Source Data through any technology or means other than those designated by Google.
10.2 You must not copy, translate, modify, create a derivative work of, or publicly display any Map Maker Source Data or any part thereof for any commercial or for-profit purpose.
10.3 You must not charge users or any other third party any fee for the use of Your Map Project or the Map Maker Source Data unless you have entered into a separate written agreement with Google or obtained Google's written permission to do so (but if you are a consultant who creates or hosts map-related implementations for third party customers, you may charge such customers a fee for your consulting or hosting services).
10.4 You must not use the Map Maker Source Data in a non-Google mapping service that provides the following functionality:
(a) real time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user's sensor-enabled device;
(b) automatic or autonomous control of vehicle behavior; or
(c) dispatch, fleet management, business asset tracking, or similar enterprise applications.
10.5 You must not use the Map Maker Source Data to create a service that:
(a) is similar to a service already provided by Google through its products or APIs; or
(b) is based on, or is part of, a non-Google mapping service or API.
10.6 You must not delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in or that is provided with the Map Maker Source Data.
10.7 You must not violate any policies in the Map Maker Source Data documentation (if any) or violate Google's Software Principles (available at http://www.google.com/intl/en/corporate/software_principles.html or such successor URL as Google may provide) and other policies as Google may develop from time to time, including but not limited to the Google policies below, under which you agree not to:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) upload, post, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
(c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
(d) upload, post, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
(e) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Google policies or guidelines;
(f) download any file posted by another that you know, or reasonably should know, cannot legally be distributed in such manner;
(g) impersonate another person or entity, or falsify or delete any author attributions or labels of the origin or source of the Map Maker Source Data, or other material;
(h) restrict or inhibit any other user from using and enjoying the Map Maker Source Data or any other Google Services;
(i) delete, obscure, or fail to display the Terms of Use link as presented through the Map Maker Source Data or as described in these Terms or the Map Maker documentation, if any;
(j) delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in or that is provided with the Map Maker Source Data;
(k) interfere with or disrupt the Google Services, servers, or networks connected to the Google Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Google Services;
(l) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Google Services or the Map Maker Source Data or collect information about users for any unauthorized purpose;
(m) display content in Your Map Project that falsely expresses or implies that such content is sponsored or endorsed by Google;
(n) create user accounts by automated means or under false or fraudulent pretenses, or obtain or attempt to obtain multiple Google Accounts for the same URL;
(o) promote or provide instructional information about illegal activities;
(p) promote physical harm or injury against any group or individual; or
(q) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
10.8 You must not sublicense or redistribute the Map Maker Source Data to any third party unless:
(a) you do so through Your Map Project; and
(b) Your Map Project includes meaningful enhancements to the content or presentation of the Map Maker Source Data; and
(c) you include terms of use that comply with Section 8.4 above.
10.9 You must not permit any third party to engage in any prohibited actions above.
11. Permitted Uses under Google's Licenses.
11.1 Permitted Purposes. You agree to use the Map Maker Source Data only for purposes:
(a) that are permitted by the Terms;
(b) that are permitted by any applicable third party contract, law, or regulation in the relevant jurisdictions; and
(c) that comply with all applicable policies or guidelines made available by Google.
11.2 Map Maker Source Data Documentation and FAQs. From time to time, Google may provide further guidance regarding use of the Map Maker Source Data through documentation or FAQs. If there is any conflict between these Terms and any such documentation or FAQs, these Terms will control.
12. Licenses from You to Google.
12.1 Content License. Google claims no ownership over Your Content, and you retain copyright and any other rights you already hold in Your Content. However, to make Your Content universally accessible and useful to the Map Maker community and the rest of the world, we encourage you to share any edits and enhancements you make to the Map Maker Source Data by uploading such edits and enhancements directly to the Map Maker Service in accordance with the Map Maker Terms of Service.
12.2 Brand Features License. You grant to Google a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that you are using Map Maker Source Data.
12.3 Authority to Grant Licenses. You confirm and warrant to Google that you have all the rights, power and authority necessary to grant the above licenses.
13. Terminating this Agreement.
13.1. The Terms will continue to apply until terminated by either you or Google as set out below.
13.2 You may terminate your legal agreement with Google by discontinuing your use of the Map Maker Source Data at any time, and removing the Map Maker Source Data and code from Your Map Project. You do not need to specifically inform Google when you stop using the Map Maker Source Data and code.
13.3 Upon notice at any time in accordance with Section 20.1 below, Google may terminate your right to use the Map Maker Source Data if Google has a good faith belief that it must do so based on contractual, intellectual property, or other legal requirements.
13.4 Nothing in this Section will affect Google's rights regarding provision of the Map Maker Source Data under Section 4 of the Terms.
13.5 When this legal agreement comes to an end, those Terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 6 (Google's Proprietary Rights); 13.4 and 13.5 (Terminating this Agreement); 14 (Exclusion of Warranties); 15 (Limitation of Liability); 16 (Indemnity); and 20 (General Legal Terms).
14. EXCLUSION OF WARRANTIES.
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, WILL EXCLUDE OR LIMIT GOOGLE'S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND GOOGLE'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MAP MAKER SOURCE DATA IS AT YOUR SOLE RISK AND THAT THE MAP MAKER SOURCE DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE MAP MAKER SOURCE DATA WILL MEET YOUR REQUIREMENTS;
(b) YOUR USE OF THE MAP MAKER SOURCE DATA WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE MAP MAKER SOURCE DATA WILL BE ACCURATE OR RELIABLE; AND
(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE MAP MAKER SOURCE DATA WILL BE CORRECTED.
14.3 ANY CONTENT OBTAINED THROUGH THE USE OF THE GOOGLE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE, OR THROUGH OR FROM THE MAP MAKER SOURCE DATA, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.5 GOOGLE, ITS LICENSORS AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY.
15.1 SUBJECT TO SECTION 14.1, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS);
(b) ANY LOSS OR DAMAGE AS A RESULT OF:
(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE GOOGLE SERVICES;
(ii) ANY CHANGES THAT GOOGLE MAY MAKE TO THE MAP MAKER SOURCE DATA, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF YOUR RIGHT TO DOWNLOAD OR USE THE MAP MAKER SOURCE DATA (OR ANY FEATURES WITHIN THE MAP MAKER SOURCE DATA);
(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE MAP MAKER SOURCE DATA;
(iv) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION; OR
(v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
15.2 THE LIMITATIONS ON GOOGLE'S LIABILITY TO YOU IN SECTION 15.1 ABOVE WILL APPLY WHETHER OR NOT GOOGLE, ITS SUBSIDIARIES OR AFFILIATES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
16. Indemnity.
16.1 You hereby agree to indemnify and hold Google, its officers, directors, agents, and affiliates ("the Indemnified Parties") harmless from and against any claim, expense, or liability arising out of the following (including attorneys’ fees and costs):
(a) your use of the Map Maker Source Data in breach of the Terms or applicable policies;
(b) Your Map Project;
(c) any use by users of Your Map Project;
(d) any claim that Your Map Project or Your Content violates any applicable law, including but not limited to any claim that Your Map Project infringes the rights of a third party.
16.2 You will cooperate as fully as reasonably required in the defense of any claim. You acknowledge that damages for improper use of the Map Maker Source Data may be irreparable; therefore, Google is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.
17. Copyright Policies.
It is Google's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Details of Google's policy can be found here.
18. Other Content.
18.1 The Map Maker Source Data may include hyperlinks to other content, websites, or resources. Google has no control over any web sites or resources that are provided by companies or persons other than Google. You acknowledge and agree that Google is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
18.2 You acknowledge and agree that Google is not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources.
19. Language of the Terms.
19.1 Where Google has provided you with a translation of the English language version of the Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Google.
19.2 If there is any contradiction between the English language version of the Terms and a translation of the Terms, the English language version will take precedence.
20. General Legal Terms.
20.1 Notices. You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Map Maker Source Data download site, or through other reasonable communication channels.
20.2 No Waiver. You agree that if Google does not exercise or enforce any legal right or remedy contained in the Terms (or that Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google's rights and that those rights or remedies will still be available to Google. Any waiver of any provision of these Terms will be effective only if Google expressly states in a signed writing that it is waiving a specified Term.
20.3 Severability. If any court of law that has jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.4 Third Party Beneficiaries. You acknowledge and agree that each member of the group of companies of which Google is the parent will be third party beneficiaries to the Terms and that such other companies will be entitled to directly enforce, and rely upon, any provision of the Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company will be a third party beneficiary to the Terms.
20.5 Assignment. The Terms may be assigned by Google and will inure to the benefit of Google, its successors and assigns. No other assignment is permitted under these Terms.
20.6 Dispute Resolution; Governing Law and Jurisdiction.
(a) Unless prohibited by applicable law or a party’s applicable privileges and immunities, the following will apply if you are a licensee whose residence or principal place of business is in the U.S.A.:
This agreement is governed by the substantive laws of the state of California, U.S.A., 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, U.S.A.
(b) If Subsection (a) is precluded by applicable law or a party’s applicable privileges and immunities, or if you are a licensee whose residence or principal place of business is not in the U.S.A., then to the extent permitted by applicable law, the following will apply:
Any dispute, controversy, or claim between the parties arising out of the Terms or the breach, termination, or invalidity thereof, will be referred by either party to arbitration in accordance with the then-current UNCITRAL Arbitration Rules. The arbitration will take place exclusively in New York, New York. The decisions of the arbitral tribunal will be based on the substantive laws of the State of New York, U.S.A., excluding New York’s choice of law rules. The arbitral tribunal will be empowered to order the return or destruction of goods or any property, whether tangible or intangible, or of any confidential information provided under the Terms, order the termination of the Terms, or order that any other protective measures be taken with respect to the goods, services or any other property, whether tangible or intangible, or of any confidential information provided under the Terms, as appropriate, all in accordance with the authority of the arbitral tribunal pursuant to Article 26 ("Interim Measures of Protection") and Article 32 ("Form and Effect of the Award") of the UNCITRAL Arbitration Rules. The arbitral tribunal will have no authority to award punitive damages. The parties will be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim.
20.7 Privileges and Immunities. Nothing in or relating to the Terms will be deemed a waiver, express or implied, of any of the privileges and immunities applicable to government agencies or the United Nations, including its subsidiary organs.
20.8 Complete Agreement. The Terms constitute the whole legal agreement between you and Google and govern your use of the Map Maker Source Data, and completely replace and supersede any prior agreements between you and Google, written or oral, in relation to the Map Maker Source Data.