Google Play Inline Install Developer Terms of Service

The following terms of service (“Terms”) in addition to the Google APIs Terms of Service ("API ToS") will apply to your use of the Google Play Inline Install API (“Inline Install API”). If there is a conflict between the Terms and the API ToS with respect to the Inline Install API, the Terms will prevail.

1. Definitions. Please see below for the meaning of the capitalized terms used in these Terms. Those that are capitalized but not defined in these Terms have the meaning set forth in the API ToS.

“Brand Features” the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Google's Brand Features (including any goodwill associated therewith) will inure to the benefit of Google.

“Caller App” means the Developer’s app that uses the Inline Install API to enable the installation of a Target App.

“Participating App” means a Caller App and/or a Target App that is distributed or updated via Google Play.

“Target App” means an app that is installed via the Inline Install API.

2. Eligibility Requirements. Developer will meet the eligibility criteria to use the Inline Install API as further described here.

3. Inline Install API Prohibitions. When using the Inline Install APIs, you may not (or allow those acting on your behalf to):

3.1 Use the Inline Install API for apps that are not Participating Apps.

3.2 Use the Inline Install API in any advertising networks.

3.3 Alter or tamper with the design or functionality of the Inline Install API.

3.4 Use incentives to reward users for installing Target Apps.

4. Brand Features, Attribution

You agree to display any attribution(s) required by Google as described here. Google hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display Google's Brand Features for the purpose of promoting or advertising that you use the Inline Install API. You must only use the Google Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. In using Google's Brand Features, you must follow the Google Brand Features Use Guidelines. You understand and agree that Google has the sole discretion to determine whether your attribution(s) and use of Google's Brand Features are in accordance with the above requirements and guidelines.

5. DISCLAIMER OF WARRANTIES

5.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE INLINE INSTALL API IS AT YOUR SOLE RISK AND THAT THE INLINE INSTALL API IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE.

5.2 YOUR USE OF THE INLINE INSTALL API AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INLINE INSTALL API IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

5.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS 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.

6. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

7. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Google, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your misuse of the Inline Install API, (b) any apps you develop or distribute that use the Inline Install API that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with the Terms.

8. Changes to the Terms

Google may modify the Terms or any portion to, for example, reflect changes to the law or changes to the Inline Install API. You should look at the Terms regularly. Google will notify you of any changes ot the Terms. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But 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 Inline Install API. Your continued use of the Inline Install API constitutes your acceptance of the modified Terms.

9. Termination

9.1 Termination. You may stop using the Inline Install API at any time with or without notice. Further, if you want to terminate the Terms, you must provide Google with prior written notice and upon termination, cease your use of the Inline Install API. Google reserves the right to terminate the Terms with you or discontinue the Inline Install API or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

9.2 Effects of Termination. Upon any termination of the Terms or discontinuation of your access to the Inline Install API, you will immediately stop using the Inline Install API, cease all use of the Google Brand Features.

9.3 Surviving Provisions. When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including: Sections 5 (Disclaimer of Warranties), 6 (Limitation of Liabilities) and 7 (Indemnification) and 9 (Termination).

10. General Legal Terms

10.1 You agree that if Google does not exercise or enforce any legal right or remedy contained in these Terms (or which 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.

10.2 The English language version of these Terms will control and translations, if any, are non-binding and for reference only.

10.3 If any court of law having the jurisdiction to decide on this matter rules that any provision of these terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms. The remaining provisions of these terms will continue to be valid and enforceable.

10.4 You acknowledge and agree that each member of the group of companies comprising Google will be a third-party beneficiary to the Terms and that such other companies will be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or entity will be a third-party beneficiary to the Terms.

10.5 The rights granted in the Terms may not be assigned or transferred by either You or Google without the prior written approval of the other party. Any other attempt to assign is void.

10.6 If You experience a change of control (for example, through a stock purchase or sale, merger, by operation of law, or other form of corporate transaction):

You will give written notice to the Google within thirty (30) days after the change of control; and
Google may immediately terminate the Terms any time between the change of control and thirty (30) days after it receives that written notice.

10.7 All claims arising out of or relating to the Terms or Your relationship with Google under the Terms will be governed by the laws of the State of California, excluding California’s conflict of laws provisions. You and Google further agree to submit to the exclusive jurisdiction of the federal or state courts located within the county of Santa Clara, California to resolve any legal matter arising from or relating to the Terms or Your relationship with Google under the Terms, except that You agree that Google will be allowed to apply for injunctive relief in any jurisdiction.