Google Apps API Terms

Customer's right to use, copy and retain a copy of the Google Apps API and the Google Apps API Specifications is subject to Customer's full compliance with the terms and conditions of the Google Apps Agreement agreed to by Customer (“Google Apps Agreement”) and these Google Apps API Terms (the “Agreement”). All capitalized terms used herein have the meanings stated in the Google Apps Agreement, unless stated otherwise. If Customer violates all or part of this Agreement, Google reserves the right to suspend Customer's access to the Google Apps API without notice, and to terminate Customer's access to the Google Apps API if Customer has not cured any such violation within thirty (30) days of such suspension. Upon expiration or termination of this Agreement, Customer must cease all use of the Google Apps API, destroy any copies of the Google Apps API Specifications, and if requested by Google, certify to Google such destruction.

  1. DEFINITIONS

    • 1.1 Using the “Google Apps API” means: (A) the use of the mark-up language described in the Google Apps API Specifications to (i) access Google servers through the Google Apps API, (ii) create and/or administer End User Accounts using a Google Apps API Client, or (iii) receive information from Google in response to Google Apps API calls; and/or (B) the development of a Google Apps API Client.
    • 1.2 “Google Apps API Client” means client software (i) developed by or on behalf of Customer only, which will be the sole user and owner of such client; and (ii) that can access or communicate with Google's servers using the Google Apps API Specifications. Google Apps API Clients must be created and used for Customer's internal purposes only and may not be distributed to any third party.
    • 1.3 “Google Apps API Data” means any data or content obtained from Google using the Google Apps API.
    • 1.4 “Google Apps API Specifications” means all information and documentation Google provides specifying or concerning the Google Apps management and application API specifications and protocols listed at http://code.google.com/apis/apps/overview.html.

  2. SCOPE OF USE

    • 2.1 Use. For the purposes of administering the End User Accounts, Customer may use the Google Apps API and Google Apps API Specifications to (i) access Google servers and (ii) develop a Google Apps API Client only in accordance with the terms and conditions of this Agreement using only Customer's own Developer Token. Customer shall not use its Developer Token to access the Google Apps API using a Google Apps API Client that violates this Agreement. A Google Apps API Client must not enable or allow any party other than Customer to access or use: (a) the Administrator Account(s), any End User Account, Google Apps API Data or Developer Tokens or any other information of another party; (b) any data obtained through Google Scraping (as defined in Section 2.2.4); or (c) any Google Apps API Specifications.
    • 2.2 Google Apps API Data.

      2.2.1 Transfer of Google Apps API Data. Customer shall not sell, redistribute, sublicense or otherwise disclose or transfer to any third party all or any portion of the Google Apps API Data.

      2.2.2 API Materials. Customer shall not sell, redistribute, sublicense or otherwise disclose or transfer to any third party all or any portion of the Google Apps API Data.

      2.2.3 Security. Customer shall use all reasonable efforts to keep all Google Apps API Data, Customer's Developer Token and Google Apps API Specifications in a secure environment at all times and will treat all Google Apps API Data, Customer's Developer Token and Google Apps API Specifications as Google Confidential Information under the Google Apps Agreement whether or not the specific designation “confidential” or any similar designation is used. Each Google Apps API Client must be designed to include adequate protections in order to keep secure and prevent the interception of all Google Apps API Data, Developer Tokens, Google Apps API Specifications, and any party's personally identifiable information. All such information must be kept in a secure environment at all times according to standards reasonably necessary to protect such data. All data transfer using the Google Apps API must be secured and all Google Apps API Clients must transmit information with a protocol at least as secure as 128 Bit SSL encryption, or for transmissions directly to Google, at least as secure as the protocol being accepted by the Google Apps API servers.

      2.2.4 Data Collection. “Google Scraping” means using any automated means other than the Google Apps API (for example scraping and robots) to access, query or otherwise collect Google-related information from Google, the Service or any website owned or operated by Google or a Google partner site that displays Google advertising. Except as expressly permitted by Google under a separate Google product or service feature, Customer agrees not to obtain Google-related information through Google Scraping. The Google Apps API Client must not permit or enable Google Scraping.

  3. GOOGLE MONITORING. Customer acknowledges that Google may monitor any Google Apps API activity for the purpose of improving Google products and services, ensuring quality, and compliance with these terms. Customer and the Google Apps API Client must not, and must not attempt to, interfere with Google monitoring of Google Apps API activity or otherwise obscure from Google Customer's Google Apps API activity. Google may use any technical means to overcome such interference, including without limitation suspending or terminating access to the Google Apps API Client.

  4. DUTY NOT TO INTERFERE. Customer shall not and the Google Apps API Client must not interfere or attempt to interfere in any manner with the proper working of the Google Apps API. Each Google Apps API Client must provide to Google a consistent and accurate identification of itself in the “user-agent” header or similar field as outlined in the Google Apps API Specifications.

  5. USAGE AND QUOTAS. Google may, in its sole discretion, restrict Customer's use of the Google Apps API. Customer shall not attempt to exceed automated use-quota restrictions. Furthermore, the Google Apps Email Migration API may only be used to migrate an End User's email content from its previous location to the End User's Google Apps email account. The Google Apps Email Migration API may not be used as a continuous email delivery service, nor as a notification or advertising service to a domain's users.

  6. NO IMPLIED RIGHTS. Other than expressly granted herein, this Agreement does not grant either party any intellectual property or other propriety rights. Customer hereby releases and covenants not to sue Google and its affiliates and any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims (a) pertaining to any intellectual property Customer develops that is based on, uses, or relates to the Google Apps API; and (b) which otherwise may arise in connection with Customer's use of, reliance on, or reference to the Google Apps API. As between Customer and Google, Google and its applicable licensors retain all intellectual property rights (including all patent, trademark, copyright, and other proprietary rights) in and to the Google Apps API Specifications, all Google websites and all Google services and any derivative works created thereof. All license rights granted herein are not sublicenseable, transferable or assignable unless otherwise stated herein.

  7. DEPRECATION. If Google in its discretion chooses to cease providing the current version of the Google Apps API whether through discontinuation of the Google Apps API or by upgrading the Google Apps API to a newer version, the current version of the Google Apps API will be deprecated and become the Deprecated Version of the Google Apps API.   Google will issue an announcement if the current version of the Google Apps API will be deprecated.   For a period of 3 years after an announcement (the “Deprecation Period”), Google will use commercially reasonable efforts to continue to operate the Deprecated Version of the Google Apps API and to respond to problems with the Deprecated Version of the Google Apps API deemed by Google in its discretion to be critical.  During the Deprecation Period, no new features will be added to the Deprecated Version of the Google Apps API. 

    Google reserves the right in its discretion to cease providing all or any part of the Deprecated Version of the Google Apps API immediately without any notice if:

    (A) you have breached any provision of the Agreement (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement); or  

    (B) Google is required to do so by law (for example, due to a change to the law governing the provision of the Deprecated Version of the Google Apps API); or  

    (C) the Deprecated Version of the Google Apps API relies on data or services provided by a third party partner and the relationship with such partner (i) has expired or been terminated or (ii) requires Google to change the way Google provides the data or services through the Deprecated Version of the Google Apps API; or  

    (D) providing the Deprecated Version of the Google Apps API could create a substantial economic burden as determined by Google in its reasonable good faith judgment; or  

    (E) providing the Deprecated Version of the Google Apps API could create a security risk or material technical burden as determined by Google in its reasonable good faith judgment.

    Google is constantly innovating in order to provide the best possible experience for its users.  At any time prior to discontinuing the current version of the Google Apps API or upgrading to a new version of the Google Apps API, Google may, in its discretion as part of this continuing innovation, label certain features or functionality of the Google Apps API as "experimental."  This Section 7 of the Agreement will not apply to any features or functionality labeled as "experimental."

  8. PRODUCT-SPECIFIC API TERMS. Notwithstanding the foregoing, if any product-specific APIs contain separate terms of service, then those product-specific API terms of service shall supersede and replace this Agreement with respect to such product APIs.

V. June 9, 2009