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sci-geosciences/google-earth-pro: new package, add 7.3.6

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Signed-off-by: Ivan Lloro <ivan.lloro.boada@gmail.com>
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Ivan Lloro
2025-08-12 22:34:19 +01:00
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Google Enterprise Geo Master License
Google Earth Pro
This Google Enterprise Geo Master Agreement for the licensing of Google
Enterprise Maps and Earth Products and Services (the "Agreement") is made
and entered into by and between Google Inc. ("Google") and the customer
identified below and/or on the Ordering Document(s)("Customer"). This
Agreement, each accompanying addendum and each accompanying Ordering
Document governs Customer's access to and use of the Products and
Services.
1. Product and Services Terms and Conditions.
1.1 The Agreement is a Master Agreement. The Customer must have the
Agreement in effect to obtain Products and Services. Customer may obtain
Products and Services by entering into a corresponding Addendum. The
parties will execute the Agreement first and are subject to an agreed
term. An Addendum is entered separately and is subject to its own terms.
1.2 Generally Applicable Product and Services Terms. Except as otherwise
permitted by the Product or Service in the Documentation, Customer will
not, and will not allow others to: (a) copy Software except as explicitly
authorized; (b) use the Products and Services for High Risk Activities;
(c) use the Product and Services to create a substantially similar
products or services; or (d) extract any Google Content for use outside of
the Products.
1.3 Separate Use. Unless otherwise authorized by Google, Customer will
not: (a) distribute or sell Google Content; (b) incorporate or embed
Google Content or components of the Products and Services into any of
Customer's products or services that it makes available to third parties;
or (c) offer the Services, or any Customer products and services based
upon the Services, on a subscription basis to third-parties.
1.4 Third-Party Components. Any third party component embedded, included
or provided for use with the Software may only be used in conjunction with
the Software, and this use is subject to this Agreement and any applicable
Addendum and Documentation. However, to the extent Software includes
components governed by open source licenses with provisions inconsistent
with this Agreement, those components are instead governed solely by the
applicable open source licenses. To the extent Software includes
components covered by open source licenses requiring the provision of
corresponding source code, Google hereby offers such source code
consistent with those licenses.
1.5 Restrictions. Customer, except as expressly permitted in an Addendum,
will not (and will not allow any third party to): (a) use or reproduce,
modify, create derivative works, decompile, disassemble, or otherwise
reverse engineer the Products and Services or attempt to reconstruct or
discover any source code, underlying ideas, algorithms, file formats or
programming interfaces of the Products and Services by (except and only to
the extent that applicable law prohibits or restricts reverse engineering
restrictions), or incorporate the Products and Services into or with other
technology; (b) distribute, sell, sublicense, rent, lease to third parties
or otherwise make the Products and Services functionality available to
third parties except as set forth herein; or (c) remove or in any manner
alter any Products and Services identification, proprietary, trademark,
copyright or other notices.
1.6 Customer Data.
a. Services Use. Customer may upload Customer Data into the Systems via
the methods described in, and this Customer Data will be stored in
accordance with, the Documentation.
b. Risk of Loss. Customer Data will not be returned to Customer, whether
the Customer Data is physically provided to Google, or entered by Customer
or Google into the Systems. Customer is solely responsible for backing up
its Customer Data. Google will not bear any risk of loss for any data.
c. Customer Rights in Customer Data. Customer is solely responsible for
having, or obtaining, any necessary rights, licenses, or authorizations
necessary for Customer to provide the Customer Data to Google, and for
Google to use the Customer Data as stated in this Agreement to provide the
Services to Customer. Customer is solely responsible for determining the
scope of its notification obligations to Customer Data and any other
persons whose tracked data and other information is included in Customer
Data.
d. Customer Data Transfer. As part of providing the Service, Google may
store, process, and serve Customer Data in the United States or any other
country in which Google or its agents maintain facilities. By using the
Services, Customer consents to this transfer, processing and storage of
Customer Data.
e. Applicable Products and Services. This section is not applicable to
Maps API for Business and Google Earth Enterprise.
2. Technical Support Services.
2.1 Technical Support Service (TSS). Subject to Customer's payment of all
due and payable Fees and its compliance with this Agreement and its
applicable Addendum's terms, Google will provide TSS for Products and
Services in accordance with the applicable TSSG for the term agreed in an
Ordering Document. Unless otherwise agreed in writing, to receive TSS
Customer must provide Google with reasonable access to the Products and
Services. Customer's failure to provide access will be at Customer's own
risk. If the Ordering Document does not identify a support level, then
Google will provide standard or Basic TSS as defined in the TSSG. Google
may, from time to time, change the TSS.
2.2 Updates. TSS includes Updates, to the extent available, to the given
Product or Service. Customer will only receive Updates if Customer is
receiving TSS. Customer's access to and use of TSS is subject to this
Agreement's terms, the applicable Addendum and the Ordering Document.
Customer will implement Updates in accordance with the TSSG. Customer may,
if possible, make an Update copy to facilitate installation and will
destroy the copy after use.
3. Term and Termination.
3.1 Agreement Term. Subject to Customer's payment of all due and payable
Fees and compliance with this Agreement's terms, the Agreement begins on
the Effective Date and will continue until the end of the last Addendum
term(s) unless terminated earlier as set forth below ("Initial Term"). An
Addendum's term is set forth in the respective Addendum.
3.2 Auto-Renewal. At the end of the Initial Term, and unless otherwise
indicated in an Addendum, the Agreement will automatically renew for
consecutive twelve month renewal terms. If a party does not want the
Agreement to automatically renew, then it must provide the other party a
written termination notice at least 15 days prior to the then current
term's expiration date. A party's timely non-renewal notice will be
effective upon the then current term's expiration. Google will invoice
Customer, and Customer agrees to pay, for the renewal of Products and
Services as set forth in the applicable Ordering Document. An Addendum's
renewal term, if any, will be set forth in the respective Addendum.
3.3 Termination for Breach. Either party may terminate this Agreement or
an Addendum if: (a) the other party is in material breach of the Agreement
or an Addendum and fails to cure that breach within 30 days after receipt
of written notice; (b) the other party ceases its business operations or
becomes subject to insolvency proceedings and the proceedings are not
dismissed within 90 days; or (c) the other party materially breaches this
Agreement or an Addendum more than two times notwithstanding any cure of
these breaches.
3.4 Effect of Termination.
a. Termination for Google's Breach.
(i) Agreement Termination. If the Agreement is terminated for Google's
breach, the rights granted hereunder may, at Customer's option, continue
for the remainder of all then effective Addendum(s)'s term(s), subject to
Customer's continued compliance with this Agreement and the corresponding
Addendum(s). If Customer elects not to continue under the Agreement, then
the Agreement and all accompanying then-effective Addendum(s) will
terminate. Customer must make its election to proceed or not proceed under
the Agreement upon the Customer's declaration of Google's Agreement
breach. If Customer elects to continue the Agreement it further commits to
continue all Addendum(s).
(ii) Addendum Termination. If an Addendum is terminated for Google's
breach, the rights granted under the Addendum may, at Customer's option,
continue for the remainder of the breached Addendum's term, subject to
Customer's continued compliance with this Agreement and the continued
Addendum. If Customer elects not to continue under the breached Addendum,
then the Addendum will terminate. Customer must make its election to
proceed or not proceed under the Agreement upon the Customer's declaration
of Google's Addendum breach.
b. Termination for Customer's Breach. If the Agreement or an Addendum is
terminated for Customer's breach then: (i) the License Term and all other
rights and licenses granted by Google to Customer under the Agreement and
its Addendum(s) for the Products and Services will cease immediately and
(ii) all payments owed by Customer to Google are immediately due and
payable.
3.5 Effect of Expiration. If the Agreement expires, the Addendum(s) does
not expire until the expiration of its respective term(s). If an Addendum
survives Agreement termination or expiration, the Agreement will remain in
effect with respect to that Addendum until the Addendum expires. If an
Addendum expires the Agreement will stay in effect and any other Addendum
in Effect with stay in effect unless otherwise provided.
4. Orders and Payment.
4.1 Purchase Process. Google will provide Customer an Ordering Document
for each transaction to confirm the acquired Products and Services and
their respective quantities and Fees. The Ordering Document is
incorporated into and governed by this Agreement.
4.2 Payment. All Fees are due 30 days from the invoice date. Customer's
obligation to pay Fees is non-cancellable. All payments due are in U.S.
dollars. Payments made via wire transfer must include the following
instructions:
Wells Fargo Bank
Palo Alto, California USA
ABA# 121000248
Google Inc.
Account # 4375669785
4.3 Taxes. Customer is responsible for any applicable Taxes without
reduction. If Google is obligated to collect or pay Taxes, the Taxes will
be invoiced to Customer, unless Customer provides Google with a valid tax
exemption certificate. 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 this
withholding.
4.4 Invoice Disputes. Any invoice disputes must be submitted prior to the
invoice 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.
4.5 Delinquent Payments. Delinquent payments may bear interest at the rate
of one-and-one-half percent 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 delinquent amounts, except where these
delinquent amounts are due to Google's billing inaccuracies.
4.6 Purchases and Orders.
a. Orders. Product and Service order requirements will be set forth in
this Agreement and each accompanying Addendum.
b. Purchase Orders. If Customer's Ordering Document is a quote, then a
Purchase Order is required. If Customer's Ordering Document is an order
form, and Customer wants a Purchase Order number on its invoice, Customer
will inform Google and will issue a Purchase Order number to Google. If
Customer requires a Purchase Order, and fails to provide the Purchase
Order number to Google, then Google will not be obligated to provide the
Products and Services until Google receives the Purchase Order. Any terms
and conditions on a Purchase Order do not apply to this Agreement or any
Addendum and are null and void.
c. Delivery. The Products and Services will not be made available until
Google receives either: (i) a complete and duly executed Purchase Order
referencing a quote and this Agreement; or (ii) a complete and duly
executed order form.
4.7 Usage Limits. Customer may not exceed Usage Limits. In order for the
Products and Services to continue functioning in excess of the Usage
Limits, Customer must enter into a new Ordering Document for the
additional Products and Services.
5. Intellectual Property Rights Ownership and Publicity.
5.1 Intellectual Property Rights Generally. Except as expressly stated in
this Agreement or in an Addendum, 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 Rights. Intellectual Property Rights in
and to the content accessed through the Products and Services are the
property of the applicable content owner and may be protected by
applicable laws.
5.2 Brand Features. If, to the extent possible, Customer wants to display
Google Brand Features in connection with its use of the Products and
Services, Customer will comply with the Trademark Guidelines. Customer
will not alter any images generated by the Products or Services to remove
any Brand Feature or proprietary notice of Google or its licensors. Any
use of a party's Brand Features will inure to the benefit of the party
holding rights in those Brand Features. Each party agrees not to: (a)
challenge or assist others to challenge the other party's Brand Features
or registration thereof (except to protect that party's rights with
respect to its own Brand Features) or (b) attempt to register any Brand
Features that are confusingly similar to those of the other party.
5.3 Publicity. Customer agrees that Google may include Customer's name or
Brand Features in a list of Google customers, whether online or in offline
promotional materials. Customer also agrees that Google may verbally
reference Customer as Google client.
6. Export Compliance.
Customer will comply with and will obtain all required authorizations from
applicable government authorities under all applicable export and reexport
control laws and regulations with respect to its Product and Services use,
including the Export Administration Regulations ("EAR") maintained by the
U.S. Department of Commerce, trade and economic sanctions maintained by
the Treasury Department's Office of Foreign Assets Control, and the
International Traffic in Arms Regulations ("ITAR") maintained by the
Department of State. This section will survive Agreement termination or
expiration.
7. Confidentiality.
7.1 Obligations. Each party will: (a) protect the other party's
Confidential Information with the same standard of care it uses to protect
its own Confidential Information, but in no event less than reasonable
care; and (b) not disclose the Confidential Information, except to
Affiliates, employees and agents who need to know it and who have agreed
in writing to keep it confidential. Each party (and any Affiliates,
employees and agents to whom it has disclosed Confidential Information)
may use Confidential Information only to exercise rights and fulfill
obligations under this Agreement, while using reasonable care to protect
it. Each party is responsible for any actions of its Affiliates, employees
and agents in violation of this section. Either party may demand the
return of Confidential Information at any time upon written notice to the
other party.
7.2 Exceptions. Confidential Information does not include information
that: (a) the recipient already knew; (b) becomes public through no fault
of the recipient; (c) was independently developed by the recipient; or (d)
was rightfully given to the recipient by another party.
7.3 Required Disclosure. The recipient may disclose Confidential
Information when required by law after giving reasonable notice to the
discloser if allowed by law.
7.4 Product and Services Confidentiality. The Products and Services
functionality and pricing is Google's Confidential Information.
8. Warranty Disclaimer.
EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT OR IN AN ADDENDUM, AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE, ITS LICENSORS, AND
THEIR SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE,
NONINFRINGEMENT OR GOOGLE CONTENT ACCURACY. GOOGLE, ITS LICENSORS, AND
THEIR SUPPLIERS, DO NOT WARRANT THAT THE OPERATION OF THE PRODUCTS OR
SERVICES WILL BE UNINTERRUPTED AND ERROR FREE. THE PRODUCTS AND SERVICES
ARE NOT DESIGNED, INTENDED OR MANUFACTURED FOR HIGH RISK ACTIVITIES.
9. Limitation of Liability.
9.1 Limitation on Indirect Liability. NEITHER PARTY, NOR ITS LICENSORS OR
SUPPLIERS, WILL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BE LIABLE
UNDER THIS AGREEMENT FOR LOST REVENUES, EXPENSES OR LOSSES OR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT THESE DAMAGES
WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
9.2 Limitation on Amount of Liability. NEITHER PARTY, NOR ITS LICENSORS OR
SUPPLIERS, MAY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, BE HELD LIABLE
UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID OR PAYABLE BY CUSTOMER
TO GOOGLE DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO
LIABILITY.
9.3 Exceptions to Limitations. These limitations of liability do not apply
to breaches of confidentiality obligations or violations of a party's
Intellectual Property Rights by the other party.
10. Indemnification.
10.1 By Google. Google will indemnify, defend, and hold harmless Customer
from and against all liabilities, damages, and costs (including settlement
costs and reasonable attorneys' fees) arising out of a third party claim
that the Products or the technology used to provide the Services infringes
or mis-appropriates any patent, copyright, trade secret or trademark of
that third party.
10.2 Exceptions. The obligations set forth in Section 10.1 do not apply if
the third party claim is caused by, or results from: (a) Customer's
combination or use of the Products and Services with software, services,
or products developed by Customer or third parties, if the claim would
have been avoided by the non-combined or independent use of the Products
and Services; (b) modification of the Products or Services, by anyone
other than Google if the third party claim would have been avoided by use
of the unmodified Products or Service; (c) Customer's continued allegedly
infringing activity after being notified thereof or after being provided
modifications that would have avoided the alleged infringement; (d)
Customer's use of the Products or Services in a manner not in accordance
with this Agreement, an Addendum or the Documentation; or (e) use of other
than Google's most current release of the Products or Services if the
third party claim would have been avoided by use of the most current
release.
10.3 By Customer. Unless prohibited by applicable law and without waiving
sovereign immunity, Customer will indemnify, defend, and hold harmless
Google from and against all liabilities, damages, losses, expenses and
costs (including settlement costs and reasonable attorneys' fees) arising
out of (a) a third party claim made against Google for infringement of the
third party rights listed in Section 10.1 based on conduct by Customer as
described in Section 10.2; (b) Customer's breach of Section 6 (Export
Compliance); or (c) Customer's use of the Software or Services in
violation of an End User's privacy.
10.4 Infringement Remedies. If Google reasonably believes the Products or
Services infringes a third party's Intellectual Property Rights, then
Google will: (a) procure for Customer the right to continue to use the
Products or Services; (b) replace the infringing Products or Services; or
(c) modify the infringing Products or Services to avoid the alleged
infringement. If Google determines the options in this Section are not
commercially reasonable, Google may terminate the license for the
allegedly infringing Products or Services and will provide a pro-rata
refund of the paid but unearned Fees applicable to the period following
the Products or Services termination.
10.5 General. The party seeking indemnification must promptly notify the
other party of the claim and cooperate with the other party in defending
the claim. The indemnification in Sections 10.1 and 10.2 is limited to the
payment by the indemnifying party of all damages and costs finally awarded
for the claim, or settlement costs approved in writing by the indemnifying
party. The indemnifying party has full control and authority over the
defense, except that: (a) any settlement requiring the party seeking
indemnification to admit liability or to pay any money will require that
party's prior written consent, which will not be unreasonably withheld or
delayed; and (b) the other party may join in the defense with its own
counsel at its own expense. THE INDEMNITIES ABOVE ARE A PARTY'S ONLY
REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF A THIRD
PARTY'S INTELLECTUAL PROPERTY RIGHTS.
11. Verification and Audit.
At Google's written request, not more than once per calendar year,
Customer will provide Google with a certification signed by a Customer
officer verifying the Products or Services are being used in compliance
with this Agreement. Furthermore, Google will have the right, no more than
once per calendar year, and upon at least 30 days prior written notice, to
appoint a nationally recognized certified public accountant or independent
auditor to examine and verify Customer's Agreement compliance. Audits will
be conducted during regular business hours at Customer's facilities and
will not unreasonably interfere with Customer's business activities.
Customer will provide Google with reasonable access to the relevant
Customer records and facilities. If an audit reveals that Customer has
underpaid fees to Google during the period audited, then Google will
invoice Customer, and Customer will promptly pay Google, for the underpaid
fees based on the higher of the price specified in this Agreement or
Google's price list in effect at the time the audit is completed. If the
underpaid fees exceed five percent of the license fees paid by Customer
for the Products or Services during the preceding six-month period, then
Customer will also pay Google's reasonable audit costs.
12. Miscellaneous.
12.1 Notices. All notices of termination or breach must be in writing and
addressed to the attention of the other party's legal department and
primary point of contact. The email address for notices being sent to
Google's Legal Department is legal-notices@google.com. All other notices
must be in English, in writing and addressed to the other party's primary
contact. Notice will be treated as given on receipt, as verified by
written or automated receipt or by electronic log (as applicable).
12.2 Integration. This Agreement and its accompanying Addendum(s) and
Ordering Documents are the parties' entire agreement relating to its
subject and supersedes any prior or contemporaneous agreements on that
subject. The terms located at a URL and referenced in this Agreement or
any Addendum are hereby incorporated by this reference. If there is a
conflict between the documents that make up this Agreement, the documents
will control in the following order: the Ordering Document, the Agreement,
the Addendum(s) and the terms located at any URL.
12.3 Amendment. Any amendments to this Agreement must be in writing and
expressly state that is amending this Agreement.
12.4 Assignment. Neither party may assign any part of this Agreement or
and Addendum 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.
12.5 Change of Control. Upon a change of Control (for example, through a
stock purchase or sale, merger, or other form of corporate transaction)
other than in the context of an internal restructuring or reorganization
of it Affiliates: (a) that party will provide written notice to the other
party within 30 days after the change of Control; and (b) the other party
may immediately terminate this Agreement any time between the change of
Control and 30 days after it receives the written notice. "Control" means
control over greater than fifty percent of the voting rights or equity
interests of a party.
12.6 Force Majeure. Neither party will be liable for failure or delay in
performance to the extent caused by circumstances beyond its reasonable
control.
12.7 Governing Law. This Agreement is governed by California law,
excluding that state's choice of law rules. FOR ANY DISPUTE ARISING OUT OF
OR RELATING TO THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL
JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA
COUNTY, CALIFORNIA.
12.8 No Agency. This Agreement does not create an agency, partnership or
joint venture between the parties.
12.9 Additional Terms. Neither party will be treated as having waived any
rights by not exercising (or delaying the exercise of) any rights under
this Agreement. IIf any term (or part of a term) of this Agreement is
invalid, illegal or unenforceable, the rest of the Agreement will remain
in effect. There are no third-party beneficiaries to this Agreement.
Nothing in this Agreement will limit either party's ability to seek
equitable relief. Those provisions that by their nature should survive
termination of this Agreement, will survive termination of this Agreement.
Customer may not subcontract any of its obligations under this Agreement
without Google's written consent. If such permission is granted, Customer
will remain liable for all subcontracted obligations and all acts or
omissions of its subcontractors.
12.10 Counterparts. The parties may execute this Agreement in
counterparts, including facsimile, PDF, and other electronic copies, which
taken together will constitute one instrument.
12.11 Acceptable Use Policy. Customer will use all Products and Services
in compliance with their applicable Acceptable Use Policy.
12.12 Services Modifications. To the extent to which an Addendum includes
Services, Google may make commercially reasonable changes to the Services
from time to time. If Google makes a material change to the Services,
Google will inform Customer either via a TSS portal or using the email
address Customer has provided to Google in order to be notified of such
changes.
12.13 URL Modifications. Google may make commercially reasonable changes
to the URL Terms from time to time. If Google makes a material change to
the Services, Google will inform Customer either via a TSS portal or using
the email address Customer has provided to Google in order to be notified
of such changes. If Google makes a material change to the URL Terms
(except TSS terms) and Customer demonstrates that the change has a
material adverse impact on Customer, Customer may notify Google within 30
days of the change and remain subject to the noticed URL Terms (except if
the URL was changed to reflect applicable law or a court order). If the
License Term is subsequently renewed, it will renew under all the updated
URL Terms.
12.14 Other Applicable Terms and Conditions. Customer will only use the
Services and Software in compliance with the Agreement and its applicable
Addendum(s), the Legal Notices, the applicable Documentation, the
Acceptable Use Policy and the Ordering Document. Customer may only use the
Services in accordance with the SKUs specified in the applicable Ordering
Document.
12.15 Google Content Terms. If Customer receives Google Content, then
Customer must not obscure, alter, or remove any included terms or the
applicable Legal Notices. If Google Content includes static maps or HTTP
services, Customer must incorporate a link to the Earth Terms and Legal
Notices in a license agreement governing End Users' use. Customer must
notify Google if Customer becomes aware of any End User's non-compliance
with the Earth Terms, Legal Notices, or the AUP. "Earth Terms" mean the
terms for Google Maps/Earth set forth at the following URL,
[1]http://maps.google.com/help/terms_maps.html or other such URL as Google
may provide.
13. Definitions.
The Agreement definitions are used in the Agreement and one or more
applicable Addendum(s).
"Acceptable Use Policy" or "AUP" means the means the acceptable use policy
for the Products and Services as set forth in the applicable Addendum.
"Addendum" means a document entered into by both parties to an Agreement
that is incorporated into the Agreement and describes the specific terms
and conditions applicable to the Addendum's Products and Services.
"Affiliate" means any entity that directly or indirectly controls, is
controlled by, or is under common control with that party.
"Brand Features" means the trade names, trademarks, service marks, logos,
domain names, and other distinctive brand features of each party or its
respective Affiliates, respectively, as secured thereby from time to time.
"Confidential Information" means information that one party (or an
Affiliate) discloses to the other party under this Agreement, and which is
marked as confidential or would normally under the circumstances be
considered confidential information. It does not include information that
the recipient already knew, that becomes public through no fault of the
recipient, that was independently developed by the recipient, or that was
lawfully given to the recipient by a third party.
"Customer Data" means the data (including data owned by third-parties that
is in Customer's possession) Customer loads, or which is loaded on
Customer's behalf, into the Systems. Customer Data must be owned or
licensed by Customer. The Documentation contains information on the types
and formats of Customer Data that may be entered into the Systems.
"Documentation" means the Google proprietary documentation in the form
generally made available by Google to its customers for use with the
Products or Services as set forth in the applicable Product's or Service's
Addendum.
"Effective Date" means the date this Agreement or any accompanying
Addendum is entered into by Google.
"End Users" mean the individual human end users who use Products and
Services, subject to the requirements of this Agreement, any applicable
Addendum and the Documentation.
"Fees" means the Agreement's applicable Product and Services fees and
applicable Taxes as set forth in an Ordering Document.
"Google Content" means any content provided through the Products and
Services (whether created by Google or its third party licensors) as
further defined in each applicable Addendum.
"High Risk Activities" means uses like the operation of emergency
services, nuclear facilities, air traffic control or life support systems,
where the use or failure of the Services could lead to death, personal
injury, or environmental damage.
"Intellectual Property Rights" means current and future worldwide rights
under patent law, copyright law, trade secret law, trademark law, moral
rights law, and other similar rights.
"Legal Notices" mean the legal notices set forth at the following URL:
[2]http://www.maps.google.com/help/legalnotices_maps.html (or such other
URL as may be provided or updated by Google).
"License Term" means the period of time during which Customer is
authorized to use the Products and Services under the Agreement or an
applicable Addendum, and will be further described in the said Addendum
and any applicable Ordering Document.
"Maps" means the maps created by Customer processing Customer Data and, if
applicable, Google Content, using the Services. The different types of
Maps are described in the Documentation.
"Ordering Document" means either an order form or quote, issued by Google
to provide the Products and Services to Customer, subject to this
Agreement and the applicable Addendum. The Ordering Document will
incorporate this Agreement and will contain: (i) a SKU (including the
License Term, if applicable); (ii) a description of the licensed
configuration; (iii) price; and (iv) other information as provided on the
form.
"Overage" means when Customer's use of the Services exceeds a particular
Usage Limit.
"Overage SKU" means a Google SKU that lists the price Customer will pay
for its use of the Services in excess of a particular Usage Limit.
"Products" means the Google products (excluding Google Content) as set
forth in this Agreement and any accompanying Addendum. The term "Product"
may have an additional more detailed supplementary definition in an
Addendum.
"Prohibited Territory": means the list of countries where Customer may not
use or actively target Product, Software or Service received under the
Agreement and any applicable addendum. Each Addendum will have a specific
definition of Prohibited Territory.
"Privacy Policy" means the Google privacy policy set forth at the
following URL http://www.google.com/policies (or such other URL as may be
provided or updated by Google).
"Purchase Order" means a Customer issued purchase order.
"Sensor" means the use of any technology to automatically determine an End
User's or Asset's location.
"Services" means the Google services as set forth in this Agreement and
any accompanying Addendum. The term "Service" may have an additional more
detailed supplementary definition in each respective Addendum and the
Documentation accompanying the Service.
"Service Level Agreement" or "SLA" means the Google Service Level
Agreement, if any, for the Products and Services described in this
Agreement and any accompanying Addendum.
"Software" means the Google software, in object code form, or related
technologies provided by Google to Customer pursuant to an Ordering
Document and as further provided in each applicable Addendum and the
Software's accompanying Documentation.
"Systems" means the Google computer, processing, and network systems used
to provide the Services to Customer.
"Taxes" means any duties, customs fees, or taxes (other than Google's
income tax) associated with Product and Services transactions, including
any related penalties or interest.
"Trademark Guidelines" means Google's Guidelines for Third Party Use of
Google Brand Features, located at the following URL:
[3]http://www.google.com/permissions/guidelines.html (or other URL as may
be provided or updated by Google).
"TSS" means the technical support services provided by Google, in
accordance with Google's TSSG, for the applicable Products or Services,
and for a mutually agreed (in writing) time period.
"TSSG" means Google's then current Product or Service specific Technical
Support Services Guidelines, which may be may be accessed at the URL set
out in each respective Addendum (or other URL as may be provided or
updated by Google).
"Updates" is defined in the TSSG.
"Usage Limits" means the limits for use of the Products and Services,
which will be as listed on the Ordering Document or as provided to
Customer with the Documentation.
"URL Terms" are those uniform resource locator addresses as identified by
Google in the Agreement or any Addendum that refer to Google policies,
services descriptions of other Product and Services related terms.
By signing this Agreement, each party represents and warrants that (i) it
has read and understands this Agreement and the Ordering Document that is
incorporated by reference herein and agrees to be bound by its terms, and
(ii) it has full power and authority to accept this Agreement and the
Ordering Document.
IN WITNESS WHEREOF, this Agreement has been executed by persons duly
authorized as of the date signed by the last party below ("Effective
Date").
Google Earth Pro Terms of Service Addendum
1. Integration into Agreement.
This Addendum provides for the licensing of Google Earth Pro products and
related services. This Addendum is incorporated into the Agreement by this
reference. Capitalized terms not defined in this Addendum will have the
meaning ascribed to them in the Agreement. This Addendum is effective upon
the Effective Date.
2. Services.
2.1 Generally. Subject to Customer's compliance with the Agreement and
this Addendum's terms, and in consideration of Customer's payment of all
Fees, Google will provide the Services to Customer during the License
Term. Customer's use of the Services is subject to the Usage Limits.
Customer agrees not to use Products and Services in the Prohibited
Territory.
2.2 Licenses from Google to Customer.
a. To use the Software. Subject to Customer's compliance with the
Agreement and this Addendum's terms, and in consideration of Customer's
payment of all Fees, Google grants to Customer, and Customer agrees to
comply with a non-sublicensable, non-transferable, non-exclusive,
terminable, limited license to use the Software during the License Term to
use the Services.
b. To use Google Content. Subject to this Agreement and in consideration
of Customer's payment of all Fees, Google grants to Customer, and Customer
agrees to comply with, a non-sublicensable, non-transferable,
non-exclusive, terminable, limited license to access the Google Content
via the Services during the License Term for purposes as described in the
Documentation.
2.3 License from Customer to Google. By entering Customer Data into the
Systems, or if Google enters Customer Data into the Systems on Customer's
behalf, Customer grants to Google a limited, irrevocable, royalty-free,
and non-exclusive license during the License Term, to reproduce, adapt,
modify, translate, publicly perform, publicly display and distribute the
Customer Data solely as required to enable Google to provide the Services
to Customer.
3. Customer Obligations.
3.1 Access and Use Rights. Customer may specify particular rights
regarding the access, viewing, editing, or consuming of its maps to a
specific set of End Users.
3.2 Unauthorized Use. Customer will use all commercially reasonable
efforts to prevent unauthorized use of the Service, and to terminate any
unauthorized use. Customer will promptly notify Google of any unauthorized
use of, or access to, the Services of which it becomes aware.
3.3 End User Consent. Customer will obtain and maintain all required
consents from End Users to allow: (a) Customer's access, monitoring, use
and disclosure of this data and Google providing Customer with the ability
to do so and (b) Google to provide the Services.
4. Renewal Terms.
Upon each auto-renewal pursuant to Section 6.2, Google will invoice
Customer, and Customer agrees to pay, for the renewal of the Services as
set forth in the applicable Ordering Document.
5. Restrictions.
5.1 General. Unless otherwise provided in the Documentation or agreed in
advance and in writing by Google, Customer will not, and will not allow
others to: (a) display any advertising in connection with its use of the
Services; (b) extract any Google Content to be used outside of the
Services; (c) use, distribute, or sell any Google Content outside of the
Maps; (d) incorporate or embed Google Content or components of the
Services into any of Customer's products or services that it sells to
third parties; (e) permit the sharing of End User accounts between End
Users or (f) offer the Services, or any Customer products, services, or
solutions based upon the Services, to End Users directly or embedded in
another such product for a fee. Section 5.1(f) does not prohibit Customer
from offering professional services to its customers in support of its
Software implementation.
5.2 Development and Evaluation Accounts. Development and Evaluation
Accounts may only be used for development, evaluation, educational
purposes, or some combination thereof. Services from a Development and
Evaluation Account may be evaluated in a production environment but not
for commercial purposes. A Development and Evaluation Account is an admin
account for the Services with the License Term specified on the applicable
Ordering Document or, if a License Term is not specified on the Ordering
Document, then for a period of twelve months.
5.3 Customer Data and Maps. Google will not provide Customer with a copy
of the Customer Data or of any Maps upon the conclusion or termination of
the Agreement. Maps may only be used within the Services except as
specifically allowed in the Documentation. If Customer wants a copy of its
Customer Data, Customer must copy the Customer Data prior to entering the
Customer Data, or having the Customer Data entered, into the Systems.
6. Addendum Term and Termination.
6.1 Addendum Term. Subject to Customer's payment of all due and payable
Fees and compliance with the Agreement's terms and this Addendum's terms,
this Addendum begins on the Effective Date and will continue for the term
as set forth in the Ordering Document unless terminated earlier as set
forth below ("Initial Addendum Term").
6.2 Additional Term and Termination Conditions. All other terms and
conditions pertaining to Addendum term and termination are set forth in
the Agreement.
7 Technical Support Services.
The Agreement terms notwithstanding, technical support services are not
offered for this Product.
8. Definitions.
"Acceptable Use Policy" or "AUP" means the acceptable use policy for the
Product at this
[4]http://www.google.com/enterprise/earthmaps/legal/universal_aup.html or
other such URL as Google may provide.
"Prohibited Territory": means the list of countries where Customer may not
use or actively target Product, Software or Service received under the
Agreement and this Addendum.
[5]http://www.google.com/enterprise/earthmaps/legal/us/earth_prohibited_territory.html
(or such other URL as may be updated by Google).
"URL Terms" for the purposes of this Addendum means the following URL
terms: AUP, SLA, and the TSSG.
References
Visible links
1. http://maps.google.com/help/terms_maps.html
2. http://www.maps.google.com/help/legalnotices_maps.html
3. http://www.google.com/permissions/guidelines.html
4. http://www.google.com/enterprise/earthmaps/legal/universal_aup.html
5. http://www.google.com/enterprise/earthmaps/legal/us/earth_prohibited_territory.html

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sci-geosciences/google-earth-pro/Manifest Normal file
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DIST google-earth-pro-stable_7.3.6_amd64.deb 57793756 BLAKE2B 74638696e0cb2bf72b7f262bd9aa5717403711bf64b2426ec8f1738cddd2d3154ec76633442f0115e9c1532ec1c2cc6f4571057051f42217bda4c7a303c616e0 SHA512 4d7c59ab51d1def9860d303d38f1b26e237a5638cfe7d2f923eff4a3a08f442a4ba8eecfa42c54d63cbcc0853df0522641a19c51dfcaf3e6e2015b51d0a2ea6b

30
sci-geosciences/google-earth-pro/google-earth-pro-7.3.6.ebuild Normal file
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# Copyright 1999-2025 Gentoo Authors
# Distributed under the terms of the GNU General Public License v2
EAPI=8
inherit unpacker desktop
DESCRIPTION="Google's 3D planet viewer"
HOMEPAGE="
https://maps.google.com/intl/en/earth
https://support.google.com/earth/answer/168344#zippy=%2Cdownload-a-google-earth-pro-direct-installer
"
SRC_URI="https://dl.google.com/dl/linux/direct/google-earth-pro-stable_7.3.6_amd64.deb"
S="${WORKDIR}"
# https://earth.google.com/intl/es-419/licensepro.html
LICENSE="Google-Enterprise-Geo-Master"
SLOT="0"
KEYWORDS="amd64"
src_install() {
doins -r ${S}/usr/bin
doins -r ${S}/opt
fperms 0755 /opt/google/earth/pro/googleearth
fperms 0755 /opt/google/earth/pro/googleearth-bin
newicon -s 32 opt/google/earth/pro/product_logo_32.png Google_Earth.png
make_desktop_entry google-earth-pro "Google Earth Pro" Google_Earth
}

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sci-geosciences/google-earth-pro/metadata.xml Normal file
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<?xml version="1.0" encoding="UTF-8"?>
<!DOCTYPE pkgmetadata SYSTEM "https://www.gentoo.org/dtd/metadata.dtd">
<pkgmetadata>
<maintainer type="person">
<email>ivan.lloro.boada@gmail.com</email>
<name>Ivan Lloro</name>
</maintainer>
</pkgmetadata>