1. Your Agreement with Google; Purpose

1.1 Your use of the Google Book Search APIs (referred to "Google Book Search APIs" or the "Service") is governed by this agreement (the "Terms"). "Google" means Google Inc., located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States, and its subsidiaries or affiliates involved in providing the Service.

1.2 The purpose of the Google Book Search APIs is to allow you to direct users to Google Book Search services from your site. The Google Book Search APIs are not intended to be a substitute or replacement of products or services of any third party content provider.

2. Your Account; Use of the Service; Prohibited Uses

2.1 In order to use the Service, you must first agree to the Terms. You may not use the Service if you do not accept the Terms.

2.2 You can accept the Terms by:

2.3 You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. Accordingly, you agree that you will be solely responsible to Google for all activities that occur under your account. You agree that any registration information you give to Google will always be accurate, correct and up to date. You must immediately notify Google of any unauthorized use of your password or account by following the instructions at this link: http://www.google.com/support/accounts/bin/answer.py?answer=48601 (or such other URL that Google may provide from time to time).

2.4 Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You may not use Google Book Search APIs and may not accept the Terms if you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.

2.5 You may not interfere with the Service or access the Service other than by the interface provided by Google.

2.6 You agree that if you use Google Book Search APIs to develop a service for other users, you will protect the privacy and legal rights of those users. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores information submitted by users, it must do so securely. If the user provides you with Google account information, you may only use that information to access the user's Google account when, and for the limited purposes for which, the user has given you permission to do so. You agree to the use of your data in accordance with Google's privacy policies.

2.7 Unless you have been specifically permitted to do so in a separate agreement with Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.

2.8 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Google may suffer) of any such breach.

2.9 Your implementation of the Google Book Search APIs must be made freely accessible to users.

2.10 The Google Book Search APIs allows you to display certain content, including but not limited to book page images, book text, book information, search results, and URLs to Google Book Search and third-party sites (“Google Book Search Content”). Your use of the Google Book Search Content on your website is subject to the limitations and conditions described below. The Google Book Search APIs are limited to allowing you to display Google Book Search Content on your site, and are not intended to provide you with the ability to access other Google services or data. Google, at its sole discretion, may limit the amount of Google Book Search Content it delivers to you.

2.11 When displaying Google Book Search Content, you are also required to display a prominent Google Content Link (as defined below) in accordance to the branding and attribution guidelines for the Google Book Search APIs which is located at http://code.google.com/apis/books/branding.html (or such other URL that Google may provide from time to time) (the “Branding Guidelines”). You agree to comply with the Branding Guidelines and that you will display any content or features obtained through the Google Book Search APIs only in compliance with such Branding Guidelines. The Branding Guidelines are incorporated into these Terms by this reference. “Google Content Link” means a link related to the initial search request directing the user to Google Book Search or to Google Book Search features.

2.12 The Google Book Search Content provided to you through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Google, its partners, or other third party rights holders of content indexed by Google. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. The Google Book Search Content provided to you may also contain content licensed to Google from third parties. All proprietary rights to such content remains with Google's licensors and you do not acquire any proprietary rights to such third party content. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by Google or by the owners of that content, in a separate agreement.

2.13 Any content generated by you or your users may be made publically available by Google. You are hereby required to provide prior notification to your users that submitting any user-generated content through Google Book Search APIs may be made publicly available by Google, including without limitation, comments, book reviews, links to users’ accounts and the display of their user name or nickname. The Help Center located at http://books.google.com/support/bin/answer.py?answer=100088 or such other URL that Google may provide from time to time) will provide more details on how user generated content will be stored and provide a process to remove user generated content.

2.14 You must have and abide by an appropriate privacy policy that clearly discloses that third parties may be placing and reading cookies on your users’ browser, or using web beacons to collect information, in the course of ads being served on your website. Your privacy policy should also include information about user options for cookie management.

2.15 By way of example, and not as a limitation, you agree, and you will obtain your users' agreement, that when using the Service, you and your users will not:

• use the Service for any illegal, improper or unauthorized purpose;
• modify or replace the text, images, or other elements of the Google Book Search Content, including by (i) changing the order in which the search results appear, (ii) intermixing search results with content from sources other than Google, or (iii) intermixing other content such that it appears to be part of the Google Book Search Content;
• modify, replace or otherwise disable the functioning of links to Google or third party websites provided with the Google Book Search Content;
• "crawl," "spider," index or in any non-transitory manner store or cache information obtained from the Service (including, but not limited to, Google Book Search Content or any part, copy or derivative thereof);
• transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorized purposes the Service (including, but not limited to Google Book Search Content or any part, copy or derivative thereof);
• use any robot, spider, site search/retrieval application, or other device to scrape, retrieve or index any portion of the Service (including, but not limited to, Google Book Search Content) or to collect information about users for any unauthorized purpose;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• use, display, transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
• use, display, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you (or your users, as applicable) are the owner of the rights or have the permission of the owner to post such content;
• use, display, transmit or otherwise make available content that promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms or any applicable policies or guidelines.
• use, display, transmit or otherwise make available any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
• restrict or inhibit any other from using and enjoying the Service;
• remove any copyright, trademark or other proprietary rights notices contained in or on Service;
• create user accounts by automated means or under false or fraudulent pretenses;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; or
• reverse engineer the Service.

3. Service Policies

3.1 Your use of the Service is limited to its intended use and is subject to each of the policies identified under Google policies. Google's privacy policy explains how Google treats your personal information and protects your privacy when you use the Service. Google responds to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act) and may terminate the accounts of repeat infringes under Google's policies.

3.2 Google has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Service to you on behalf of Google itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Service to you.

3.3 Google is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Google provides may change from time to time without prior notice to you.

3.4 As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Google's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Google when you stop using the Service.

3.5 You acknowledge and agree that if Google disables access to your account, you may be prevented from accessing the Service, your account details or any files or other content which is contained in your account.

3.6 You acknowledge and agree that while Google may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Google at any time, at Google's discretion.

3.7 You acknowledge that Google may suspend or terminate your access to the Service if you breach any of these Terms or for exceeding the number of transmissions you may send or receive through the Service.

4. Service Content; Advertisement

4.1 The Service may include content that you find offensive. Google may screen, modify, refuse or remove certain content, but is not responsible for and does not endorse any third-party content. The Service may display advertisements that may be targeted to content of information stored on the Service or queries you made through the Service or other information. If you create, transmit, display or store content while using the Service, you must have the applicable legal right use the content. When you provide your content through the Service, you give Google a perpetual license to copy, distribute, create derivative works based on, perform, display, and otherwise use the content in connection with the Service.

4.2 Google reserves the right to include advertising in content provided to you through the Google Book Search API. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information. The manner, mode and extent of advertising by Google on the Service are subject to change without specific notice to you. In consideration for Google granting you access to and use of the Service, you agree that Google may place such advertising on the Service.

5. Proprietary Rights and Software

5.1 You do not acquire any propriety rights to the Service through your use of the Service. Google and its licensors retain all proprietary rights to the Service. You may not remove, obscure, or alter any proprietary rights notices which may be affixed to or contained within the Service. If Google provides you with access to downloadable software to enable you to use the Service, the software may include periodic updates which you must accept and install to continue to use the Service.

5.2 Google gives you a personal, revocable, non-assignable and non-exclusive license to use the Service and the software under these Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Google, in writing (e.g., through an open source software license).

5.3 By using the Service, you give Google, its Subsidiaries and Affiliates and partners a perpetual, irrevocable, worldwide, royalty-free license to copy, distribute, modify, translate, publish, publicly perform, publicly display, and otherwise use for any purpose any data, information, or content which you send to the Service.

6. Modification

6.1 Google may place limits on, modify, suspend or terminate the Service generally, and may suspend or terminate your use of the Service if you fail to comply with these Terms.

7. Changes to these Terms

7.1 Google may change these Terms and will post any modified Terms at http://code.google.com/apis/books/terms.html. If you do not agree to the modified Terms, you should stop using the Service. Your continued use of the Service after the date the modified Terms are posted will constitute your acceptance of the modified Terms.

8. Termination; Rejection

8.1 The Terms will continue to apply until terminated by either you or Google as set out below.

8.2 The suspension or termination of Service may delete your account information, files and other previously available content. If Google terminates the Service or your use of the Service, these Terms will also terminate, but Sections 9, 10 and 11 shall continue to be effective after these Terms are terminated.

8.3 Google may, at any time, terminate its legal agreement with you if:

8.4 You may terminate your legal agreement with Google by discontinuing your use of the Service at any time.

8.5 Upon the termination of the Terms for any reason (i) all license rights and other authorizations granted from Google to you shall terminate (ii) you shall immediately cease using the Service, and (iii) you shall require your users to cease using the Service. Your license to Google for the content that you submit, post, or display using the Service shall survive any termination of this agreement. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms in accordance with its terms.

8.6 Google shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms between you and Google. Google shall not be liable to you for damages of any sort resulting from its decision to reject such a request.

9. Indemnification

9.1 You shall indemnify and defend Google and its directors, officers, employees, agents, Subsidiaries and Affiliates, and partners from third party claims arising from or related to your use of the Service.

10. Exclusion of Warranties

10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE.”

10.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

10.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

10.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

10.6 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. Limitation of Liability

11.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

11.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

12. General Legal Terms

12.1 You or your company may have signed a separate written agreement with Google ("Written Agreement") or accepted other online terms of service ("Other Terms") which govern your use of this Service. If you or your company have not signed a Written Agreement or accepted Other Terms, these Terms are the entire agreement between you and Google related to this Service, replacing any prior agreements. If there is any conflict between these Terms and a Signed Agreement or Other Terms, each as related to this Service, the Written Agreement or the Other Terms will control.

12.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

12.3 If Google provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.

12.4 Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's original purpose.

12.5 THESE TERMS ARE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CHOICE-OF-LAW RULES. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THESE TERMS IS SANTA CLARA COUNTY, CALIFORNIA. YOU AND GOOGLE CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. NOTHING IN THESE TERMS LIMITS EITHER PARTY'S ABILITY TO SEEK EQUITABLE RELIEF.

September 22, 2008