Terms of Service

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Google Cloud Solution Explorer Terms of Service

Description

These Google Cloud Solution Explorer Terms of Service (the "Agreement") are entered into by Google and the entity or person agreeing to these terms ("Assessor") and govern Assessor’s access to and use of the Google Cloud Solution Explorer . The Google Cloud Solution Explorer includes a searchable catalog of Google Cloud and other published solutions and can be used to assess requirements and provide recommendations for Google Cloud and other solutions. "Google" has the meaning given at Google Contracting Entity, under the “Agreements covering Google Cloud Platform” rubric.

This Agreement is effective when the Assessor clicks to accept it (the "Effective Date"). If you are accepting on behalf of your organization, by clicking to accept you represent and warrant that (i) you have full legal authority to bind the Assessor to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Assessor, to this Agreement.

Assessor understands and agrees that the Google Cloud Solution Explorer results are for informational purposes only. The Google Cloud Solution Explorer results should only be used as guidance and cannot substitute for a compliance assessment or audit.

Google will use the information provided in the Google Cloud Solution Explorer in accordance with the Google Privacy Policy.

  1.      Assessor Obligations.
    • 1.1      Consents. Assessor is responsible for any consents and notices required to permit (a) Assessor’s use and receipt of the Google Cloud Solution Explorer and (b) Googles accessing, storing, and processing of data provided by Assessor (“Assessor Data) under this Agreement.
    • 1.2      Compliance. Assessor will (a) ensure that Assessor’s use of the Google Cloud Solution Explorer complies with this Agreement, (b) prevent and promptly terminate any unauthorized access or use of the Google Cloud Solution Explorer and (c) promptly notify Google of any unauthorized use of, or access to, the Google Cloud Solution Explorer of which Assessor becomes aware.
    • 1.3      Use Restrictions. Assessor will not (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any of the source code of the Google Cloud Solution Explorer or any solution posted on the Google Cloud Solution Explorer (except to the extent such restriction is expressly prohibited by applicable law); or (b) sell, resell, sublicense, transfer, or distribute the Google Cloud Solution Explorer . Google Cloud and other published solutions are subject to their own applicable terms of use
  2. Intellectual Property.
    • 2.1      Intellectual Property Rights. Except as expressly described in this Agreement, the Agreement does not grant either party any rights, implied or otherwise, to the other’s content or Intellectual Property Rights. As between the parties, Assessor retains all Intellectual Property Rights in Assessor Data, and Google retains all Intellectual Property Rights in the Google Cloud Solution Explorer and any solutions posted there. "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
    • 2.2      Feedback. At its option, the Assessor may provide feedback and suggestions about the Google Cloud Solution Explorer to Google (“Feedback”). If the Assessor provides Feedback, then Google and its Affiliates may use that Feedback without restriction and without obligation to the Assessor.
  3. Confidentiality.
    • 3.1      “Confidential Information” means information that one party or its affiliate (“Disclosing Party”) discloses to the other party (“Recipient”) under the Agreement, and that is marked as confidential or would normally be considered confidential information under the circumstances. Assessor Data is Assessor’s Confidential Information. Confidential Information does not include information that is independently developed by the Recipient, is shared with the Recipient by a third party without confidentiality obligations, or is or becomes public through no fault of the Recipient.
    • 3.2      Use and Disclosure of Confidential Information. The Recipient will only use the Disclosing Party’s Confidential Information to exercise its rights and fulfill its obligations under this Agreement, and will use reasonable care to protect against the disclosure of the Disclosing Party’s Confidential Information. Notwithstanding any other provision in this Agreement, the Recipient may disclose the Disclosing Party’s Confidential Information (a) to its delegates who have a need to know and who are bound by confidentiality obligations at least as protective as those in this Section 3 (Confidentiality); (b) with the Disclosing Party’s written consent; or (c) subject to Section 3.3 (Legal Process), as strictly necessary to comply with Legal Process.
    • 3.3      Legal Process. If the Recipient receives Legal Process for the Disclosing Party’s Confidential Information, the Recipient will: (a) promptly notify the Disclosing Party before such disclosure unless the Recipient is legally prohibited from doing so; (b) attempt to redirect the third party to request it from the Disclosing Party directly; (c) comply with the Disclosing Party’s reasonable requests to oppose disclosure of its Confidential Information; and (d) use commercially reasonable efforts to object to, or limit or modify, any Legal Process that the Recipient reasonably determines is overbroad, disproportionate, incompatible with applicable law, or otherwise unlawful. To facilitate the request in (b), the Recipient may provide the Disclosing Party’s basic contact information to the third party.
  4. Warranties. Each party warrants that it will comply with all laws applicable to its provision, receipt, or use of the Google Cloud Solution Explorer , as applicable.
  5. DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE (A) PROVIDES THE GOOGLE CLOUD SOLUTION EXPLORER “AS IS,” (B) DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE GOOGLE CLOUD SOLUTION EXPLORER ; (C) MAKES NO REPRESENTATION ABOUT CONTENT OR INFORMATION ACCESSIBLE THROUGH THE GOOGLE CLOUD SOLUTION EXPLORER AND (D) DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY THIRD-PARTY SOLUTIONS (“THIRD-PARTY SOLUTIONS”) INCLUDING ANY REPRESENTATIONS OR WARRANTIES (1) RELATED TO THE PERFORMANCE, FUNCTIONALITY, OR SECURITY OF ANY THIRD-PARTY SOLUTIONS OR (2) THAT ANY THIRD-PARTY SOLUTIONS LISTINGS IN THE GOOGLE CLOUD SOLUTION EXPLORER ARE ACCURATE OR UP-TO-DATE. GOOGLE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY RELATED TO THE PROVISION OF THOSE THIRD-PARTY SOLUTIONS (INCLUDING ANY RELATED TECHNICAL SUPPORT), AND DESCRIPTION OF THIRD-PARTY SOLUTIONS.

  6. Liability.
    • 5.1      Limited Liabilities.
      • a)     To the extent permitted by applicable law and subject to Section 5.2 (Unlimited Liabilities), neither party will have any liability arising out of or relating to this Agreement for any indirect, consequential, special, incidental, or punitive damages or lost revenues, lost data, loss of profits, lost savings, or loss of goodwill.
      • b)     Google’s total liability for damages arising out of or relating to this Agreement is limited to the greater of (1) USD$200 or (2) the fees paid by the Assessor to Google to use the Google Cloud Solution Explorer in the 12 months before the dispute.
    • 5.2      Unlimited Liabilities. Nothing in this Agreement excludes or limits either party’s liability for:
      • a)     death, personal injury, or tangible personal property damage resulting from its negligence or the negligence of its employees or agents;
      • b)     its fraud or fraudulent misrepresentation; or
      • c)     matters for which liability cannot be excluded or limited under applicable law.
  7. Term and Termination.
    • 6.1     Term. This Agreement is effective from the Effective Date until it is terminated in accordance with its terms (the “Term”).
    • 6.2     Termination for Convenience. Either party may terminate this Agreement for convenience with 30 days’ prior written notice to the other party.
  8. Miscellaneous.
    • 7.1     Governing Law. All claims arising out of or relating to this Agreement or the Google Cloud Solution Explorer 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; the parties consent to personal jurisdiction in those courts.
    • 7.2     Changes to Terms. Google may update this Agreement, provided the updates do not have a material adverse impact on Assessor’s rights under the Agreement. Google reserves the right to modify this Agreement or its policies relating to the Google Cloud Solution Explorer at any time, effective upon posting of an updated version of this Agreement or policies, as applicable. You are responsible for regularly reviewing this Agreement and such policies, the current version of which will be made available through the Google Cloud Solution Explorer . If any change to this Agreement is not acceptable to you, your sole remedy is to terminate your use of the Google Cloud Solution Explorer and any other rights under this Agreement. Any use of the Google Cloud Solution Explorer after such publication will constitute acceptance by you of such revised Agreement.
  9. Regional Terms. Assessor agrees to the following modifications to the Agreement if Assessor’s billing address is in the applicable region as described below:
    • 8.1     For Latin America and the Asia Pacific region (all regions excluding Australia, Japan, India, New Zealand, Singapore), Section 7.1 (Governing Law) is replaced as follows:

      7.1     Governing Law. Arbitration.

      (a) ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY RELATED GOOGLE PRODUCTS OR SERVICES (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA'S CONFLICTS OF LAWS RULES.

      (b) The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it must be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules").

      (c) The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.

      (d) Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.

      (e) Subject to the confidentiality requirements in Subsection (g), either party may petition any competent court to issue any order necessary to protect that party's rights or property; this petition will not be considered a violation or waiver of this governing law and arbitration section and will not affect the arbitrator’s powers, including the power to review the judicial decision. The parties stipulate that the courts of Santa Clara County, California, USA, are competent to grant any order under this Subsection 7.1(e).

      (f) The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.

      (g) Any arbitration proceeding conducted in accordance with this Section 7.1 (Governing Law; Arbitration) will be considered Confidential Information under Section 3 (Confidentiality), including: (i) the existence of, (ii) any information disclosed during, and (iii) any oral communications or documents related to, the arbitration proceedings. In addition to the disclosure rights under Section 3 (Confidentiality), the parties may disclose the information described in this Subsection 7.1(g) to a competent court as may be necessary to file any order under Subsection 7.1(e) or execute any arbitral decision, but the parties must request that those judicial proceedings be conducted in camera (in private).

      (h) The parties will pay the arbitrator’s fees, the arbitrator's appointed experts' fees and expenses, and the arbitration center's administrative expenses in accordance with the Rules. In its final decision, the arbitrator will determine the non-prevailing party's obligation to reimburse the amount paid in advance by the prevailing party for these fees.

      (i) Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.

    • 8.2     For India, Section 7.1 (Governing Law) is replaced as follows:

      7.1     Governing Law.

      All claims arising out of or relating to the Agreement will be governed by laws of India, excluding that state’s conflict of laws rules, and will be litigated exclusively in the courts of New Delhi; the parties consent to exclusive jurisdiction in those courts. Notwithstanding the above, the Assessor can and will bring all claims with respect to Google under the Agreement against Google Cloud India Private Limited.

    • 8.3     For Indonesia, a new Section 6.3 is added as follows:

      6.3     Termination Waiver.

      The parties agree to waive any provisions under any applicable laws to the extent that a court decision or order is required for the cancellation of this Agreement.

    • 8.4     For Australia:

      (i) a new Section 4A is added as follows:

      4A. This Section 4A applies only if the Google Cloud Solution Explorer is subject to statutory guarantees under the Australian Competition and Consumer Act 2010 ("ACCA"). Applicable laws, including the ACCA, may confer rights and remedies into this Agreement that cannot be excluded, and which are not excluded by this Agreement. To the extent that the applicable laws permit Google to limit their operation, Google’s and its Affiliates’ liability under those laws will be limited at its option, to the supply of the Google Cloud Solution Explorer again, or payment of the cost of having the Google Cloud Solution Explorer supplied again.

      (ii) Section 7.1 (Governing Law) is amended by inserting the following text at the end of that Section:

      "IF APPLICABLE LAW PREVENTS A DISPUTE FROM BEING RESOLVED IN A CALIFORNIA COURT, THEN ASSESSOR MAY FILE THE DISPUTE IN ASSESSOR’S LOCAL COURTS. IF APPLICABLE LAW PREVENTS ASSESSOR’S LOCAL COURT FROM APPLYING CALIFORNIA LAW TO RESOLVE A DISPUTE, THEN THE DISPUTE WILL BE GOVERNED BY THE APPLICABLE LOCAL LAWS OF ASSESSOR’S COUNTRY, STATE, OR OTHER PLACE OF RESIDENCE."


Last Updated: July 24th, 2024