Google Earth Engine Terms of Service

Last modified: September 29, 2022

Google Earth Engine License Agreement

This Google Earth Engine License Agreement (the "Agreement") is made and entered into between Google and the entity or person agreeing to these terms ("Customer") and governs Customer’s access and use of the Services. "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.

1. Provision of the Services.

   • 1.1 Services Use. Google will provide the Services to Customer in accordance with the Agreement, and Customer may use the Services in Customer Application(s) in accordance with this Agreement.

   • 1.2 Accounts. Customer must have an Account to use the Services and is responsible for the information it provides to create the Account, the security of its passwords for the Account, and for any use of its Account. Google has no obligation to provide multiple Accounts to Customer.

   • 1.3 Customer Data. Google will only use Customer Data, Customer Code, and Applications 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. Google will only use Customer Personal Data in accordance with the Data Processing Addendum located at https://business.safety.google/processorterms.

   • 1.4 Modifications.

     (a) To the Services. Subject to Section 5 (Deprecation), Google may make changes to the Services, which may include adding, updating, or discontinuing any Services or portion or feature(s) of the Services.

     (b) To the Agreement. Google may make changes to this Agreement (including URL terms) 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, the Data Processing Addendum, or are required by applicable law in which case they will be effective immediately. If Customer does not agree to the revised Agreement, Customer can stop using the Services. Customer can terminate this Agreement for convenience under Section 7.4 (Termination for Convenience). Customer’s continued use of the Services after a material change will constitute Customer’s consent to such changes. Google will post any modification to this Agreement at https://earthengine.google.com/terms.

2. Service Use and Customer Obligations.

   • 2.1 Service Use.

     (a) Non-Commercial Activities. If you are an individual, a non-profit organization, or a public or private academic institution (including its faculty members and students), you can use the Services for non-commercial activities (“Non-Commercial Activities”). Non-Commercial Activities do not include (i) using the Services to sell a product or service or (ii) charging or receiving a fee for Applications or data created by use of the Services.

     (b) Government Research Activities. If you are a Government Entity, you can use the Services for research that meets the following requirements: (i) the research has a defined scope and a testable hypothesis; (ii) the research will be completed within a defined period of time; (iii) the research will result in a scholarly work (e.g. paper, thesis, report, article, publication), public dataset, or code library; and (iv) the research requires limited use of the Services (i.e. the Services are not being used to meet a long-term operational need or for tasks that are repeated periodically) (“Government Research Activities”).

     (c) Restrictions. Services can be used only for Non-Commercial Activities or Government Research Activities. This restriction does not apply to News Media Organizations, Least Developed Nations and Indigenous Governments.

     (d) Subject to 2.1 (c) (Restrictions), Customer can use data, diagrams, charts, figures created by use of the Services in research or educational publications it authors.

     (e) Earth Engine Training. If you offer Earth Engine training to Earth Engine users, you and your students may use the Services free of charge for the duration of the training course. You may charge for your training services, but you cannot charge for use of the Services.

     (f) Quota. Services are provided to Customer without charge up to the quota (e.g. limits on storage, batch task limits, request rates) (“Quota”) identified to Customer. If Customer requires an additional Quota, it should contact Google. Google may charge fees for use of the Services above the Quota. Google has no obligation to notify Customer that the Quota has been reached.

     (g) Commercial Use. If you want to make commercial or other use of the Services, see Earth Engine for Commercial Use.

   • 2.2 Customer Obligations.

     (a) Compliance. Customer will: (i) ensure that Customer and its End Users’ use of the Services complies with the Agreement including the AUP, (ii) use commercially reasonable measures to prevent and terminate any unauthorized use or access to the Services; and (iii) promptly notify Google of any unauthorized use of or access to the Services, or Account. Google reserves the right to investigate any potential violation of the AUP by Customer, which may include reviewing Customer Applications, Customer Code or Customer Data.

     (b) Privacy. Customer is responsible for any consents and notices required to permit (i) Customer’s use and receipt of the Services and (ii) Google’s accessing, storing, and processing of data provided by Customer (including Customer Data, if applicable) under the Agreement.

     (c) Restrictions. Customer will not, and will not allow End Users to: (i) copy, modify, or create a derivative work of the Services, (ii) reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (except to the extent such restriction is expressly prohibited by applicable law); (iii) sell, resell, sublicense, transfer, or distribute any or all of the Services ; (iv) create multiple Applications or Accounts to simulate or act as a single Application or Account (respectively); or (vii) access or use the Services: (1) for High Risk Activities; (2) 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; (3) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR) maintained by the United States Department of State; (4) in a manner that breaches, or causes the breach of, Export Control Laws; or (5) to transmit, store, or process health information subject to United States HIPAA regulations.

     (d) Documentation. Google may provide Documentation for Customer’s use of the Services.

3. Suspension and Removals.

   • 3.1 AUP Violations. If Google becomes aware that Customer’s or any End User’s use of the Services violates the AUP, Google will notify Customer and request that Customer correct the violation. If Customer fails to correct the violation within 24 hours of Google’s request, then Google may suspend all or part of Customer’s use of the Services until the violation is corrected.

   • 3.2 Other Suspension. Notwithstanding Section 3.1 (AUP Violations), Google may immediately suspend all or part of Customer’s use of the Services if (a) there is an Emergency Security Issue; (b) there is suspected unauthorized third-party access to the Services; or (c) Google reasonably believes that immediate suspension is required to comply with applicable law. Google will lift any such suspension when the circumstances giving rise to the suspension have been resolved. At Customer’s request, Google will unless prohibited by applicable law notify Customer of the basis for the suspension as soon as is reasonably possible.

4. Intellectual Property.

   • 4.1 Intellectual Property Rights. Except as expressly stated 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 Customer Application(s), and Google owns all Intellectual Property Rights in the Services and Software.

   • 4.2 Google Maps Visualizations. Google Earth Engine includes integrations that permit visualization of features and content from Google Maps (“Google Maps Content”). Customer agrees that Customer and its End Users’ use of or access to such Google Maps Content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy.

   • 4.3 Customer Feedback. At its option, Customer may provide Feedback. If Customer provides Feedback, then Google may use that Feedback without restriction and without obligation to Customer.

   • 4.4 Third Party Content Accessible Through The Services. Third party content (e.g. datasets, images) that you access through the Services may be subject to a separate license agreement with different terms (e.g. open source, share-alike, non-commercial). If there is a conflict between these Terms and the third party license, the terms of the third party license govern Customer’s use of that third party content.

   • 4.5 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.

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

6. Confidential Information.

   • 6.1 Obligations. Subject to Section 6.2 (Required Disclosure) the recipient will only use the other party’s Confidential Information to exercise its rights and fulfill its obligations under the Agreement. The recipient will use reasonable care to protect against disclosure of the other party’s Confidential Information. The recipient may disclose Confidential Information only to its Affiliates, employees, agents or professional advisors (“Delegates”) 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 its Delegates use the received Confidential Information only to exercise rights and fulfill obligations under the Agreement.

   • 6.2 Required Disclosure. (a) Subject to Section 6.2 (b) the recipient and its Affiliates may also disclose Confidential Information to the extent required by applicable Legal Process, provided that the recipient or its Affiliates 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.

     (b) Sections 6.2(a) (i) and (ii) will not apply if the recipient determines that complying with (i) and (ii) could: (1) result in a violation of Legal Process; (2) obstruct a governmental investigation; and/or (3) lead to death or serious physical harm to an individual.

7. Term and Termination.

   • 7.1 Agreement Term. The term of this Agreement (the “Term”) will begin on the Effective Date and continues until the Agreement is terminated as stated in this Section 7 (Term and Termination).

   • 7.2 Termination for Breach. Either party may terminate the Agreement immediately on written notice if: (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice of the breach; (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 90 days.

   • 7.3 Termination for Inactivity. Google reserves the right to terminate access to the Services for inactivity if Customer has not accessed the Services for more than 180 days.

   • 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 with 30 days’ prior written notice to Customer.

   • 7.5 Termination Due to Applicable Law; Violation of Laws. Google may terminate this Agreement immediately on written notice if Google reasonably believes that (a) continued provision of the Services used by Customer would violate applicable law(s) or (b) Customer has violated or caused Google to violate any Anti-Bribery or Export Control Laws.

   • 7.6 Effect of Termination. If the Agreement is terminated, then: (a) all rights and access to the Services will terminate; (b) Customer will delete the Software, any Application, any Customer Code, and any Customer Data by the termination effective date.

8. Publicity. Customer may state publicly that it is a Google customer and display Google Brand Features in accordance with the Trademark Guidelines. Google may use Customer’s name or Brand Features in online or offline promotional materials. Each party may use the other party’s Brand Features only as permitted in the Agreement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features.

9. Representations and Warranties.

   • 9.1 Mutual. Each party represents and warrants that (a) it has full power and authority to enter into the Agreement, and (b) it will comply with all laws applicable to its provision, receipt, or use of the Services, as applicable.

   • 9.2 Public Academic Institution and Government Entity Users. If you are an employee of a Public Academic Institution or Government Entity, you represent that (a) you are using the Services on behalf of the Public Academic Institution or Government Entity and not for your personal use (b) you are authorized to use the Services and (c) your use of the Services: (i) complies with applicable laws and regulations including relevant ethics rules and laws and (ii) will not negatively impact Google’s current of future ability to do business with the Public Academic Institution or Government Entity.

10. Disclaimer. Except as expressly provided for in the Agreement, Google does not make and expressly disclaims to the fullest extent permitted by applicable law (a) any warranties of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, title, noninfringement, or error free or uninterrupted use of the Services or Software and (b) any representations about content or information accessible through the Services.

11. Limitation of Liability.

    • 11.1 Limitation on Indirect Liability. To the extent permitted by applicable law and subject to section 11.3 (Unlimited Liabilities), neither party, will have any Liability arising out of or relating to the Agreement for any (i) indirect, consequential, special, incidental, or punitive damages or (ii) lost revenues, profits, savings or goodwill.

    • 11.2 Limitation on Amount of Liability. Each party’s total aggregate Liability for damages arising out of or relating to the Agreement is limited to the fees customer paid under the Agreement during the 12 month period before the event giving rise to Liability, except Google’s total aggregate Liability for damages arising out of or related to Services provided free of charge is limited to $5,000.

    • 11.3 Unlimited Liabilities. Nothing in the Agreement excludes or limits either party’s Liability for: (a) its fraud or fraudulent misrepresentation; (b) its obligations under Section 12 (Indemnification), (c) its infringement of the other party’s Intellectual Property Rights; or (d) matters for which liability cannot be excluded or limited under applicable law.

12. Indemnification. This Section 12 does not apply to Public Academic Institutions 12. and Government Entities.

    • 12.1 Defense and Indemnity. Unless prohibited by applicable law, Customer will defend Google and its Affiliates and indemnify them 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 or the Agreement.

    • 12.2 Exclusions. This Section 12 will not apply to the extent the underlying Allegation arises from (a) Google’s breach of this Agreement, or (b) modifications to Customer’s technology or Brand Features by anyone other than Customer.

    • 12.3 Conditions. Sections 12.1 and 12.2 are conditioned on the following: (a) Google must promptly notify Customer in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperate reasonably with Customer to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of Section 12.3(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 Google 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’ sole and exclusive remedy under the Agreement for any Allegations of Intellectual Property Rights infringements and Third-Party Legal Proceedings.

13. Government Users.

    • 13.1 Public Academic Institution and Government Entity End Users. If you are using the Services on behalf of a Public Academic Institution or Government Entity then your use of the Services can only be used for the benefit of the Public Academic Institution or Government Entity and not for your personal use. The Services are not offered by Google as a gift to any individual government official or with the expectation of any future purchase of Google products or services. Access to the Services is not transferable, refundable, redeemable for cash and may not be sold, transferred or bartered. No charge use of the Services for Non-Commercial Use and Government Research Activities is subject to periodic review by Google. Public Academic Institution and Government Entity End Users must use the Services with an institutional Google account.

    • 13.2 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. Under the Agreement, notices to Customer must be sent to the Notification Email Address and notices to Google must be sent to legal-notices@google.com. Notice will be treated as received when it is sent. Customer is responsible for keeping its Notification Email Address current throughout the Term.

    • 14.2 Assignment. Neither party may assign any part of this Agreement without the 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 other than an internal restructuring or re-organization that party will give written notice to the other party within 30 days after the change of Control.

    • 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 part of the 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 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) (U.S. Governing Law for Federal Government Entities) or (b) (U.S. Governing Law for Federal Government Entities) 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 1.4 (Modifications), any amendment to the Agreement 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: Section 4 (Intellectual Property), Section 6 (Confidential Information), Section 7.6 (Effect of Termination), Section 11 (Limitation of Liability), Section 12 (Indemnification), and Section 14 (Miscellaneous).

    • 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 stated in the Agreement. The Agreement includes URL links to other terms which 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 (of decreasing precedence): the Data Processing Addendum, the remainder of the Agreement (excluding URL terms), and the URL terms (excluding the Data Processing Addendum).

    • 14.15 Definitions.

      • "Account" means Customer’s Google account.

      • "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. “Anti-Bribery Laws” means all applicable commercial and public anti-bribery laws, including the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010, that prohibit corrupt offers of anything of value, either directly or indirectly, to anyone, including government officials, to obtain or keep business or to secure any other improper commercial advantage. Government officials include: any government employees, candidates for public office, members of royal families, and employees of government-owned or government-controlled companies, public international organizations, and political parties.

      • "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 then-current acceptable use policy for the Services described at: https://earthengine.google.com/terms/aup.

      • "Brand Features" means each party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

      • "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 50% 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.

      • "Documentation" means the then-current Google Earth Engine documentation described at: https://developers.google.com/earth-engine.

      • "Emergency Security Issue" means either: (a) 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 an individual or entity that Customer permits to use the Services or Application. “Export Control Laws” means all applicable export and re-export control laws and regulations, including (a) the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, (b) trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control, and (c) the International Traffic in Arms Regulations ("ITAR") maintained by the U.S. Department of State.

      • "Feedback" means feedback or suggestions about the Services provided by Customer to Google. “Government Entity” means a (i) national, state or local government body, (ii) government owned or controlled business or institution (e.g. national telecom company), (iii) public international organizations and (iv) political parties.

      • "High Risk Activities" means activities where the use or failure of the Services would reasonably be expected to lead to death, personal injury, environmental or property damage (such as the creation or operation of nuclear facilities, air traffic control, life support systems, or weaponry).

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

      • "Indemnified Liabilities" means any (a) settlement amounts approved by the indemnifying party; and (b) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction. “Indigenous Governments” means an indigenous government recognized by its national government.

      • "Intellectual Property Rights" means all patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights. “Least Developed Nation” means a least developed country as identified by the United Nations (UNCTAD) and listed at https://unctad.org/topic/least-developed-countries/list.

      • "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. “Liability” means any liability, whether under contract, tort (including negligence), or otherwise, regardless of whether foreseeable or contemplated by the parties. “News Media Organization” means an organization whose primary mission is journalism. “Notification Email Address” means the email address provided by Customer in the Services sign-up flow. “Public Academic Institution” means an educational institution that is controlled and managed by: (i) a public education authority or agency or (ii) a government directly or by a governing body.

      • "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 computer software provided by Google for use as part of the Services including updates.

      • "Term" has the meaning set forth in Section 7 (Term and Termination) 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.