AdWords Editor Terms of Use

Thank you for trying out the AdWords Editor! By using the AdWords Editor, including any third party software incorporated therein or made available in conjunction with the AdWords Editor (collectively, "AdWords Editor"), you agree to be bound by the following terms and conditions (the "Terms and Conditions").

Notwithstanding the foregoing, you acknowledge that certain components of the program may be covered by "open source" software licenses ("Open Source Components"), which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. You can view a list of the Open Source Components for Adwords Editor at http://code.google.com/p/xulrunner-adwords-editor/wiki/OpenSourceComponents, along with the license terms applicable to each. To the extent required by the licenses covering Open Source Components, the terms of such licenses will apply in lieu of the terms of this license. To the extent the terms of the licenses applicable to Open Source Components prohibit any of the restrictions in this Agreement with respect to such Open Source Component, such restrictions will not apply to such Open Source Component.

Limited Use Only

The AdWords Editor is a campaign management tool designed to interface with your AdWords account. If you don't yet have an AdWords account, visit http://adwords.google.com and click 'Click to begin.' Once you've created your AdWords campaign(s), you can use the AdWords Editor to retrieve your campaign information, make bulk changes offline, upload your changes to your AdWords account, and track your changes.

You may use the AdWords Editor only in connection with the legitimate account management of any AdWords account(s) that you are authorized to manage. You represent and warrant that you are authorized to manage any AdWords accounts you access in connection with these Terms and Conditions. You may not reverse-engineer, modify, copy, distribute, license, sell, reproduce or create derivative works of the AdWords Editor. You may not design, create, or use any computer software program that accesses, interacts with, or uses code extracted from, the AdWords Editor.

Intellectual Property

You acknowledge that Google or third parties own all rights, title and interest in and to the AdWords Editor, portions thereof, or software provided through or in conjunction with the AdWords Editor, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the AdWords Editor. You also agree to not remove, obscure, or alter Google's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the AdWords Editor.

Disclaimer of Warranties

Google and any third party who makes its software available in conjunction with or through the AdWords Editor disclaim any responsibility for any harm resulting from your use of the AdWords Editor and/or any third party software accessed in conjunction with or through the AdWords Editor, including without limitation any harm to your AdWords account that may result from your use of the AdWords Editor.

THE ADWORDS EDITOR AND ANY THIRD PARTY SOFTWARE INCORPORATED THEREIN OR MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ADWORDS EDITOR ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOOGLE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOOGLE AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ADWORDS EDITOR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ADWORDS EDITOR AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE ADWORDS EDITOR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ADWORDS EDITOR AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ADWORDS EDITOR AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL GOOGLE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ADWORDS EDITOR BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF ADWORDS EDITOR OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOOGLE AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ADWORDS EDITOR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ADWORDS EDITOR, FROM INABILITY TO USE ADWORDS EDITOR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ADWORDS EDITOR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ADWORDS EDITOR AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ADWORDS EDITOR (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

AdWords Terms and Conditions

The AdWords Editor is designed to be used in conjunction with Google's AdWords platform. Accordingly, it is important to remember that although your use of the AdWords Editor will be governed by these Terms and Conditions, your use of the AdWords platform (and any other Google product or service) will continue to be governed by the applicable agreement that you may have with Google, including, for example and without limitation, the terms and conditions you executed in connection with opening your AdWords account and the terms and conditions related to use of the AdWords API.

Acknowledgements

This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/), among other Open Source Components. Any legitimate redistributions under this Terms and Conditions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project" for use in the OpenSSL Toolkit ( http://www.openssl.org/)", as well as the other acknowledgments contained in the About box under the Help menu of AdWords Editor.

No Guaranteed Access

Google reserves the right to modify, change, suspend, discontinue or terminate the AdWords Editor for any reason or no reason. Google may suspend or terminate your access to the AdWords Editor for any or no reason and will bear no liability for such decision. It is solely your responsibility at all times to backup your data and to be prepared to conduct your account without access to the AdWords Editor. GOOGLE DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT THE ADWORDS EDITOR WILL BE AVAILABLE WITHOUT INTERRUPTION.

Modifications

Google reserves the right to modify these Terms and Conditions and your continued use of the AdWords Editor shall constitute acceptance of any such modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THE ADWORDS EDITOR IN ANY WAY WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Miscellaneous Provisions

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Google and/or a third party who make its software available in conjunction with or through the AdWords Editor.

Customer may not assign any of its rights hereunder and any such attempt is void. Google and Customer and Google and Partners are not legal partners or agents, but are independent contractors.

June 2008, v.2