Google Earth Engine Terms of Service

Last modified: October 14, 2019

Google Earth Engine License Agreement

This Google Earth Engine License Agreement (the "Agreement") is made and entered into by and between Google and the entity agreeing to these terms ("Customer"). "Google" means Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043.

This Agreement is effective as of the date Customer clicks to accept the Agreement (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Service.

1. Provision of the Services.

   • 1.1 Services Use. Subject to this Agreement, during the Term, Customer may: (a) use the Services, (b) integrate the Services into any Application that has material value independent of the Services and provide the Services, solely as integrated into that Application, to End Users, and (c) use any Software provided by Google as part of the Services. Customer may not sublicense or transfer these rights except as permitted under the Assignment section of the Agreement.

   • 1.2 Limitations on Use. Unless otherwise approved by Google in writing, Services may only be used for development, research, or educational purposes; you can use data or figures created by use of Services in research or educational publications authored by you. Services may not be used for sustained commercial purposes unless otherwise approved by Google in writing, but may be evaluated in a production environment. Applications and data created with Services may not be sold or licensed for a fee unless otherwise approved by Google in writing.

   • 1.3 Facilities and Data Transfer. All facilities used to store and process an Application, Customer Code, and Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where Google processes and stores its own information of a similar type. Google has implemented at least industry standard systems and procedures to (i) ensure the security and confidentiality of an Application, Customer Code, and Customer Data, (ii) protect against anticipated threats or hazards to the security or integrity of an Application, Customer Code, and Customer Data, and (iii) protect against unauthorized access to or use of an Application, Customer Code, and Customer Data. Google may process and store an Application, Customer Code, and 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 processing and storage of an Application, Customer Code, and Customer Data. Under this Agreement, Google is merely a data processor.

   • 1.4 Accounts and access to Services. Customer must have an Account to use the Services. In order to access the Services you may be required to provide certain additional information (such as identification or contact details) as part of the registration process, or as part of your continued use of the Services. Any registration information you give to Google will be accurate. Google has no obligation to provide Customer multiple Accounts.

   • 1.5 New Applications and Services. Google may: (i) make new applications, tools, features or functionality available from time to time through the Services and (ii) add new services to the "Services" definition from time to time, the use of which may be contingent upon Customer’s agreement to additional terms.

   • 1.6 Modifications. a. To the Services. Google may make commercially reasonable Updates to the Services from time to time. If Google makes a material change to the Services, Google will inform Customer, provided that Customer has subscribed with Google to be informed about such change. b. To the Agreement. Google may make changes to this Agreement (and any linked documents) from time to time. Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after they are posted, except if the changes apply to new functionality in which case they will be effective immediately. If Customer does not agree to the revised Agreement, please stop using the Services. Google will post any modification to this Agreement to the Terms URL.

2. Customer Obligations.

   • 2.1 Compliance. Customer is solely responsible for its Applications, Customer Code, and Customer Data and for making sure its Applications, Customer Code, and Customer Data comply with the AUP. Google reserves the right to review the Application, Customer Code, and Customer Data for compliance with the AUP. Customer is responsible for ensuring all End Users comply with Customer’s obligations under the AUP and the restrictions in Sections 2.3 and 2.5 below.

   • 2.2 Privacy. Customer will protect the privacy and legal rights of its End Users under all applicable laws and regulations, which includes a legally adequate privacy notice communicated from Customer. Customer may have the ability to access, monitor, use, or disclose Customer Data submitted by End Users through the Services. Customer will obtain and maintain any required consents from End Users to allow Customer’s access, monitoring, use and disclosure of Customer Data. Further, Customer will notify its End Users that any Customer Data provided as part of the Services will be made available to a third party (i.e. Google) as part of Google providing the Services.

   • 2.3 Restrictions. Customer will not, and will not allow third parties under its control to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (subject to Section 2.4 below and except to the extent such restriction is expressly prohibited by applicable law); (b) use the Services for High Risk Activities; (c) sublicense or distribute any or all of the Services on a standalone basis (separate from any integrated Application); (d) create multiple Applications or Accounts to simulate or act as a single Application or Account (respectively); (e) use the Services to operate or enable any telecommunications service or in connection with any Application that allows End Users to place calls or to receive calls from any public switched telephone network; or (f) process or store any Customer Data that is subject to the International Traffic in Arms Regulations maintained by the Department of State. Unless otherwise specified in writing by Google, Google does not intend uses of the Services to create obligations under HIPAA, and makes no representations that the Services satisfy HIPAA requirements. If Customer is (or becomes) a Covered Entity or Business Associate, as defined in HIPAA, Customer will not use the Services for any purpose or in any manner involving Protected Health Information (as defined in HIPAA) unless Customer has received prior written consent to such use from Google.

   • 2.4 Third Party Components. Third party components (which may include open source software) of the Services may be subject to separate license agreements. To the limited extent a third party license expressly supersedes this Agreement, that third party license governs Customer’s use of that third party component.

   • 2.5 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution) on how the Applications may be built or the Services may be used and Customer will comply with any such restrictions specified.

   • 2.6 DMCA Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally or not without their input. Google responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customer’s or its End Users’ copyrights and wants to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at http://www.google.com/dmca.html.

3. Suspension and Removals.

   • 3.1 Suspension/Removals. If Customer becomes aware that any Application, Customer Code, or Customer Data violates the AUP, Customer will immediately suspend the Application, remove the applicable Customer Data or suspend access to an End User (as may be applicable). If Customer fails to suspend or remove as noted in the prior sentence, Google may specifically request that Customer do so. If Customer fails to comply with Google’s request to do so within twenty-four hours, then Google may suspend access to Services of the applicable End Users and/or disable the Application until such violation is corrected.

   • 3.2 Emergency Security Issues. Despite the foregoing, if there is an Emergency Security Issue, then Google may automatically suspend the offending Application or suspend access to Services. Suspension will be to the minimum extent required, and of the minimum duration, to prevent or resolve the Emergency Security Issue. If Google suspends an Application, or access to Services for any reason, without prior notice to Customer, at Customer’s request, Google will provide Customer the reason for the suspension as soon as is reasonably possible.

4. Intellectual Property Rights; Use of Customer Data; Feedback; Content.

   • 4.1 Intellectual Property Rights. Except as expressly set forth in this Agreement, 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. As between the parties, Customer owns all Intellectual Property Rights in Customer Data, Customer Code, and Application(s), and Google owns all Intellectual Property Rights in the Services and Software.

   • 4.2 Use of Customer Data. Google may use Customer Data, Customer Code, and Applications only to provide the Services to Customer and its End Users and to help secure and improve the Services. For instance, this may include identifying and fixing problems in the Services, enhancing the Services to better protect against attacks and abuse, and making suggestions aimed at improving performance or reducing cost.

   • 4.3 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer hereby irrevocably assigns to Google all right, title, and interest in that Feedback.

   • 4.4 Content Accessible Through Services. The Service contains some third party content (such as images, vector data, and metadata). This content is the sole responsibility of the person or organization that makes it available. Content accessible through our Service may be subject to the content owners’ intellectual property rights (for example, attribution requirements or commercial use restrictions), and, if so, you may not use it unless you are licensed to do so by the owner of that content (for example, through the owner’s terms of use) or are otherwise permitted by law. Your access to the content provided by the Services may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.

5. Deprecation of Services. Google may discontinue any Services or any portion or feature for any reason at any time without liability to Customer.

6. Confidential Information.

   • 6.1 Obligations. The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential.

   • 6.2 Required Disclosure. Notwithstanding any provision to the contrary in this Agreement, the recipient may also disclose Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (i) promptly notify the other party of such disclosure before disclosing; and (ii) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (i) and (ii) above will not apply if the recipient determines that complying with (i) and (ii) could: (a) result in a violation of Legal Process; (b) obstruct a governmental investigation; and/or (c) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and its End Users’ use of the Services.

7. Term and Termination.

   • 7.1 Agreement Term. The "Term" of this Agreement will begin on the Effective Date and continue until the Agreement is terminated as set forth in Section 7 of this Agreement.

   • 7.2 Termination for Breach. Either party may terminate this Agreement for breach if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches. In addition, Google may terminate any, all, or any portion of the Services, if Customer meets any of the conditions in Section 7.2(i), (ii), and/or (iii).

   • 7.3 Termination for Inactivity. Google reserves the right to terminate the Services for inactivity, if, for a period exceeding 180 days, Customer has failed to access the Service.

   • 7.4 Termination for Convenience. Customer may stop using the Services at any time with or without notice. Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Google may terminate this Agreement for its convenience at any time without liability to Customer.

   • 7.5 Effect of Termination. If the Agreement is terminated, then: (i) the rights granted by one party to the other will immediately cease; (iii) Customer will delete the Software, any Application, any Customer Code, and any Customer Data; and (iv) upon request, each party will use commercially reasonable efforts to return or destroy all Confidential Information of the other party.

8. Publicity. Customer is permitted to state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use.

9. Representations and Warranties. Each party represents and warrants that it has full power and authority to enter into the Agreement. Customer represents and warrants that it will comply with all laws and regulations applicable to its use of the Services.

10. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. GOOGLE AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CUSTOMER DATA AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ITS APPLICATION AND CUSTOMER DATA. NEITHER GOOGLE NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NEITHER THE SOFTWARE NOR THE SERVICES ARE DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.

11. Limitation of Liability.

    • 11.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR GOOGLE’S SUPPLIERS, WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.

    • 11.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR GOOGLE’S SUPPLIERS, MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

    • 11.3 Exceptions to Limitations. These limitations of liability do not apply to violations of a party’s Intellectual Property Rights by the other party or to indemnification obligations.

12. Indemnification. This Section 12 does not apply to government agencies.

    • 12.1 Defense and Indemnity. Unless prohibited by applicable law, Customer will defend and indemnify Google and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from: (i) any Application, Customer Code, Customer Data or Customer Brand Features; or (ii) Customer’s, or its End Users’, use of the Services in violation of the AUP.

    • 12.2 Exclusions. This Section 12 will not apply to the extent the underlying Allegation arises from:

      a. Google’s breach of this Agreement;

      b. modifications to Customer’s technology or Brand Features by anyone other than Customer;

      c. combination of Customer’s technology or Brand Features with materials not provided by Customer; or

      d. use of non-current or unsupported versions of the Application, Customer Code, Customer Data or Brand Features;

    • 12.3 Conditions. Sections 12.1 and 12.2 will apply only to the extent:

      a. Google has promptly notified Customer in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with Customer to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 12.4(a) prejudices the defense of the Third-Party Legal Proceeding, Customer’s obligations under Section 12.1 or 12.2 (as applicable) will be reduced in proportion to the prejudice.

      b. Google tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to Customer, subject to the following: (i) Google may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require Google’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.

    • 12.4 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 12 states the parties’ only rights and obligations under this Agreement for any third party's Intellectual Property Rights Allegations and Third-Party Legal Proceedings.

13. U.S. Federal Agency Users. The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements.

14. Miscellaneous.

    • 14.1 Notices. All notices must be in writing and addressed to 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. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).

    • 14.2 Assignment. Neither party may assign any part of this Agreement 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.

    • 14.3 Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within thirty days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and thirty days after it receives that written notice.

    • 14.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.

    • 14.5 No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.

    • 14.6 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.

    • 14.7 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.

    • 14.8 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.

    • 14.9 Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief.

    • 14.10 U.S. Governing Law.

      a. For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue.

      b. For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.

      c. For All Other Entities. If Customer is any entity not set forth in Section 14.10(a) or (b) then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

    • 14.11 Amendments. Except as set forth in Section 1.6(b), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.

    • 14.12 Survival. The following Sections will survive expiration or termination of this Agreement: 4, 6, 7.5, 11, 12, and 14.

    • 14.13 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. The terms located at a URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in this Agreement.

    • 14.14 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL.

    • 14.15 Definitions.

      • "Account" means Customer’s Google account (either under a gmail.com address or an email address provided under the "Google Apps" product line).

      • "Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.

      • "Allegation" means an unaffiliated third party’s allegation.

      • "Application(s)" means any web or other application Customer creates using the Services, including any source code written by Customer to be used with the Services.

      • "AUP" means the acceptable use policy set forth here for the Services: https://earthengine.google.com/terms/aup.

      • "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.

      • "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 is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient. Customer Data is considered Customer’s Confidential Information.

      • "Control" means control of greater than fifty percent of the voting rights or equity interests of a party.

      • "Customer Code" means Customer Earth Engine API source code, including scripts run in Google applications.

      • "Customer Data" means content provided, transmitted, or displayed via the Services by Customer or its End Users; but excluding any data provided when Customer creates its general Google account (either under a gmail.com address or an email address provided under the "Google Apps" product line).

      • "Documentation" means the Google Earth Engine documentation (as may be updated from time to time) in the form generally made available by Google to its customers for use with the Services, set forth here: https://developers.google.com/earth-engine/.

      • "Emergency Security Issue" means either: (a) any Customer’s or its End User’s use of the Services that disrupt: (i) the Services; (ii) other Customers’ or their End Users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services.

      • "End Users" means the individuals Customer permits to use the Services or Application.

      • "Feedback" means feedback or suggestions about the Services provided to Google by Customer.

      • "High Risk Activities" means uses such as the operation of 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.

      • "HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended from time to time, and any regulations issued under it.

      • "Indemnified Liabilities" means any (i) settlement amounts approved by the indemnifying party; and (ii) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction.

      • "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.

      • "Legal Process" means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.

      • "Services" means the Google Earth Engine API and any other Google Earth Engine services (including https://code.earthengine.google.com and https://explorer.earthengine.google.com.)

      • "Software" means any downloadable tools, software development kits or other such proprietary computer software provided by Google in connection with the Services, which may be downloaded by Customer, and any updates Google may make to such Software from time to time.

      • "Term" has the meaning set forth in Section 7 of this Agreement.

      • "Terms URL" means the following URL set forth here: https://earthengine.google.com/terms.

      • "Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).

      • "Trademark Guidelines" means Google’s Guidelines for Third Party Use of Google Brand Features, located at: http://www.google.com/permissions/guidelines.html.

      • "Updates" means the periodic software updates provided by Google to Customer from time to time. Updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.