Firebase Extensions Publisher Terms of Service

Terms last modified: April 21, 2023

The Firebase Extensions Ecosystem provides a catalog of Extensions from Firebase and third-party providers, enabling application developers to discover, implement, and configure pre-packaged solutions to quickly deploy functionality and automate tasks for their app.

These Firebase Extensions Publisher Terms of Service ("Agreement") are entered into by Google and you ("You" or "Your"), on behalf of yourself and the organization You represent. BY CHECKING THE "I ACCEPT THE FIREBASE EXTENSIONS PUBLISHER TERMS" BOX, OR OTHERWISE ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT (I) YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT, AND (II) ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE ORGANIZATION YOU REPRESENT AND THE PUBLISHER. This Agreement applies to You and the entity that owns an Extension(s) which Google has displayed and made available in the Extensions Ecosystem ("Publisher") and is effective as of the date You accept the Agreement (the "Effective Date").

Provision of Extensions.
1. Listing Requirements. When Publisher uploads an Extension to a Publisher Project, Google may, on Publisher’s behalf, display and make available Publisher’s Extension in the Extensions Registry. If Publisher complies with the terms of Section 1(a)(ii), below, Publisher’s Extension may also be made available on the Extensions Hub.
  1. Extensions Registry
    1. "Extensions Registry" means the registry, created and managed by Google, that hosts the Extension. Extensions made available in the Extensions Registry are installable via shareable install link and are discoverable via the Extensions registry API but not in the Firebase Command Line Interface (CLI) or Extensions Hub unless accepted for publication in accordance with Section 1(a)(ii).
    2. In order for Publisher’s Extension to be made available on the Extensions Registry, Publisher must: (a) create a Publisher Project and add the Extension; (b) accept and fully comply with the terms of this Agreement; and (c) provide complete and accurate information to Google as requested by Google, including providing any Open Source Materials information in accordance with Section 8(f) (Third Party Materials and Open Source).
  2. Extensions Hub
    1. "Extensions Hub" means online properties, websites, interfaces, and mobile applications owned, operated, and/or controlled by Google and its Affiliates that allow Users to discover and install Extensions that have been accepted for publication in accordance with Section 1(a)(ii), including without limitation, the extensions.dev website, an Admin Console, or the firebase.google.com website. Extensions made available on the Extensions Hub are discoverable and installable via Extensions Registry and the locations identified herein.
    2. In order for Publisher’s Extension to be made available on the Extensions Hub, in addition to the requirements set forth in Section 1(a)(i)(2) above, Publisher must: (a) submit a request to Google to publish the Extension; and (b) satisfy the following requirements: (i) maintain a public GitHub repository for the Extension; (ii) allow Google to conduct a security and quality review to assess the security and reliability of the Extension ("Security and Quality Review"); and (ii) and satisfy the requirements of Security and Quality Review.
    3. Google may, but is not obligated to, accept Publisher’s request to make the Extension available on the Extensions Hub in our sole discretion. Google will use reasonable efforts to timely review and respond to Publisher’s request. Publisher acknowledges and agrees that Google may contact Publisher via the Notification Email Address as part of the Security and Quality Review process.
License Requirements.
1. Publisher will ensure that the Extension is released under the Apache 2.0 open source license;
2. Publisher will comply with the requirements set forth in Section 8(f) (Third Party Materials and Open Source); and
3. Publisher is solely responsible for effecting any agreements that govern a User's use of Extensions. This Agreement does not facilitate any agreement between Publisher and the User.
Marketing and Brand Features.
1. The parties may use the other party’s Brand Features in marketing materials in connection with Extensions and the Extensions Ecosystem, as follows:
  1. General
    1. "Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as owned (or licensed) by such party from time to time.
    2. Brand Features Ownership. Google and Publisher each owns all right, title and interest, including all Intellectual Property Rights, in its own Brand Features. Except as expressly provided in this Section 3 (Marketing and Brand Features) (i) neither party grants any right, title or interest in any Brand Features of the other party; and (ii) nothing in this Agreement gives Publisher a right to use any of Google's Brand Features. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features.
  2. Publisher Rights
    1. Firebase Brand Features. Publisher may state publicly that Publisher has an Extension available on the Extensions Hub and display "Firebase" Brand Features in accordance with the Google’s brand terms and conditions available at https://firebase.google.com/brand-guidelines (or such URL to be provided by Google) and any additional instructions Google may provide to you from time to time.
    2. Extensions Ecosystem Brand Features. Google grants to Publisher a limited, non-exclusive, worldwide, royalty-free license to use the Extensions Ecosystem Brand Features for the Term of this Agreement solely for marketing purposes specifically related to the Extensions Ecosystem with the prior approval of Google and in accordance with Google’s trademark guidelines located at https://about.google/brand-resource-center/brand-elements/.
    3. Google may revoke Publisher’s right to use its Brand Features with 30 days’ written notice.
  3. Google Rights.
    1. Publisher grants to Google and its Affiliates a limited, non-exclusive, worldwide, royalty-free license to use and display Publisher Brand Features (a) in connection with the marketing and distribution of the Extension, including by including Publisher’s name or Brand Features in online or in promotional materials and verbally referencing Publisher as a provider of the Extensions, or (b) as otherwise necessary to exercise Google’s or its Affiliates’ rights under this Agreement. If an Extension is removed from the Extensions Ecosystem, Google and its Affiliates will stop using the Brand Features associated solely with the discontinued Extensions, except as necessary to allow Google to effectuate the Wind Down Period.
Support for Extensions.
1. Publisher Support of Users. Publisher will provide and maintain complete and up to date information as requested by Google. Such information, including Publisher contact information, may be made available to Users and potential Users. Users will be instructed to contact Publisher concerning any defects or performance issues related to the Extension. Publisher will be solely responsible for, and Google will have no responsibility for, handling support and maintenance of the Extension or any complaints about the Extension. Publisher’s response to User support inquiries should be no less urgent, inclusive or responsive than the response Publisher offers or provides to similarly situated Users. Google may direct Users to Publisher to complete setup of the Extension.
2. Extension Updates and Patches.
  1. Publisher will update, or will provide Google with updates to, all Extensions within 24 hours of release of such updates to the public, if those updates include critical security patches, as determined by Google. In cases where an update to the Extension is necessary for it to continue working (due to changes in underlying services), Publisher will update or provide Google with an update at least 30 days prior to the date that the Extension would cease functioning without the update.
  2. If Google requests a critical security matter be patched, Publisher will respond to Google within 24 hours of such request with (i) either a resolution or a written resolution plan, (ii) contact information for person(s) managing the resolution, and (iii) the estimated time for delivery of a resolution. Google may choose to hide or prohibit access to the Extension until Publisher provides a security patch determined necessary by Google.
  3. Failure to provide the information, support, or updates for Extensions described in this Section 4(b) (Extensions Updates and Patches) may result in consequences including, less prominent exposure or placement in the Extensions Hub, wholesale removal of the Extension from the Extensions Ecosystem, or Google’s termination of this Agreement, in Google’s sole discretion.
Publisher Responsibilities.
1. Authorized Purpose. Publisher will comply with all applicable laws and regulations (including any laws regarding the export of data or software to and from the United States or other relevant countries) in its performance under this Agreement.
2. Prohibited Actions. Publisher will not engage in any activity that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of Google, Google’s Affiliates, or any third party.
3. Publisher Responsibility for Extensions. Publisher is solely responsible for (and Google has no responsibility to Publisher or any third party for) (a) the Extension; or (b) the consequences of Publisher actions (including any loss or damage which Google, a User, or any third-party may suffer) related to the Extension.
4. Deprecation.
  1. For purposes of this Section, deprecate or deprecation means Publisher’s marking of an Extension for deprecation through the Admin Console or Firebase CLI. By deprecating an Extension, Publisher’s Extension may remain hosted in the Extensions Ecosystem but may no longer be discoverable by new Users in the Extensions Hub.
  2. Publisher will immediately deprecate the applicable version of the Extension under the following scenarios:
    1. Where Publisher implements a critical update or security patch pursuant to Section 4(b), in which case Publisher will immediately deprecate any previous versions of the Extension;
    2. Where Publisher no longer supports the applicable Extension;
    3. Where the Extension contains a bug that renders such Extension unusable or unstable;
    4. Where the Extension contains a critical vulnerability that impacts the security or usability of the Extension; and
    5. Where Publisher inadvertently made available the incorrect version or release of the Extension.
5. Publisher Responsibility for Breach. Publisher is solely responsible for (and Google has no responsibility to Publisher or any third party for) any breach by Publisher of its obligations under this Agreement, any applicable third party contract or terms of service between Publisher and User(s), or any applicable law or regulation, and for the consequences of any such breach, including any loss or damage which Google or any third party may suffer.
6. Extension Display. Google may use and publish any performance measurements for Extensions, including install or uninstall rates. Google may display Extensions to Users in a manner solely determined by Google.
7. Extension Information. Subject to Section 3 (Marketing and Brand Features), Publisher is responsible for providing Google with all information and materials necessary to market the Extensions, including accurate and complete Extension information and support information for Users. Google may immediately hide, prohibit access to, or remove any Extensions if Publisher fails to comply with this Section 5(g) (Extension Information).
8. Restricted Content and Extensions Ecosystem Use. Publisher will comply with all procedures and policies applicable to Extensions provided by Google, including the Acceptable Use Policy at https://firebase.google.com/terms/extensions/acceptable-use-policy (as such link may be updated from time to time).
9. Public Storage. Publisher understands that extensions added to the Extensions Ecosystem may be available from a public location, and as such, a third party who is not a User may be able to access, including download, and use such Extension. Publisher acknowledges that Google and its Affiliates are not responsible for any access, including download, or use of the Extension by such third party.
Security and Privacy.
1. Protections. Publisher will protect the privacy and other legal rights of Users. Publisher will only gather information (User account information) from Users that is necessary to provide Extensions to them and only use gathered information when and for the limited purpose(s) for which the User has given Publisher permission to do so. If Users provide Publisher or a Extension with, or Publisher or a Extension accesses or uses, user names, passwords, or other login information or personal information, Publisher must inform Users that the information will be available to Publisher or Extension, and Publisher must provide a legally adequate privacy notice and protection for those Users, provided that if a User has entered into a separate agreement with Publisher that allows Publisher or Extension to store or use User personal or sensitive information then, to the extent the terms of that separate agreement are consistent with the terms in this Agreement, nothing in this Section prohibits such separate agreement terms from governing Publisher’s use of such information as well.
2. Compliance & Assistance. Publisher will handle and store any information obtained from User only for as long as it is needed, applying reasonable care to adhere to reasonable security and privacy policies (but, in no event, (a) with less care than (i) Publisher uses in handling any other customer information or (ii) Publisher states in its own privacy policy, which policy must be presented to and agreed upon by User before Publisher accesses the information). Publisher will follow all instructions that are reasonably necessary to satisfy applicable laws and regulations regarding use of or access to User information. If an unauthorized disclosure or other breach of any User information occurs, Publisher will use all reasonable efforts to assist Google in investigating and provide necessary information and documentation related to (a) Publisher’s compliance with this Section 6 (Security and Privacy) and (b) any other circumstances related to the breach.
3. No Access to Personal Information. Neither party shall provide the other party with access to Personal Information in connection with this Agreement, except, and unless, the parties execute a separate agreement that governs such access.
4. Performance Metrics and Prohibition on Re-Identification. Google may, in its sole discretion, provide Publisher with aggregated performance metrics about the Extension, and Publisher will not re-identity, attempt to re-identify, or allow re-identification of such metrics with Personal Information.
License Grants
1. General License Grant to Google. Publisher grants to Google and its Affiliates a non-exclusive, worldwide, and royalty-free license to distribute, deploy, reproduce, perform, display, configure, and use the Extensions in connection with a User’s use and deployment of the Extension.
2. Source Code License Grant to Google. Publisher grants to Google and its Affiliates a non-exclusive, sublicensable, worldwide, and royalty-free license to host, store, and use the source code version of the Extensions for the sole purpose of maintaining and supporting such Extensions.
3. Limitations. Except for the license rights granted herein, Google obtains no right, title or interest from Publisher (or its licensors) under this Agreement to any of the Extensions.
4. User License. Publisher hereby grants to Users a non-exclusive, worldwide, royalty-free, license to use the Extension (including the source code version thereof).
Publisher Representations and Warranties
1. Anti-Bribery. Publisher represents and warrants that it will comply with all applicable commercial and public anti-bribery laws, including the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act of 2010, which 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 employee; candidate for public office; and employee of government-owned or government-controlled companies, public international organizations, and political parties. Furthermore, Publisher will not make any facilitation payments, which are payments to induce officials to perform routine functions they are otherwise obligated to perform. Publisher will use commercially reasonable and good faith efforts to comply with Google’s due diligence process, including providing requested information.
2. Discrimination. Publisher represents and warrants that it is an equal-opportunity employer and does not discriminate on the basis of age, race, creed, color, religion, sex, sexual orientation, gender identity, national origin, disability, marital or veteran status, or any other basis that is prohibited by applicable law.
3. Equal Employment Opportunities. Because Google is an equal employment opportunity employer and a U.S. federal contractor or subcontractor, Publisher warrants that it will, to the extent applicable, comply with the requirements of 41 CFR 60-1.4(a), 41 CFR 60-300.5(a), and 41 CFR 60-741.5(a), all of which are incorporated into this Agreement by reference. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. As applicable, Publisher will also abide by the requirements of Executive Order 13496 (29 CFR Part 471, Appendix A to Subpart A), relating to the notice of employee rights under federal labor laws.
4. Employment; Occupational Health and Safety. Publisher represents and warrants that it will comply with all other applicable employment and occupational health and safety laws and regulations.
5. Extension Representations and Warranties.
  1. Applicable Law. In connection with the Agreement, Publisher represents and warrants that Publisher and the Extensions comply, and will comply with, applicable laws, including all applicable privacy, data security, and data protection laws.
  2. Rights and Infringement. Publisher represents and warrants that Publisher owns or has valid and enforceable licenses to the Intellectual Property Rights in and to the Extensions to allow their distribution and use by User. Publisher represents and warrants that the Extension does not violate any person’s rights, including Intellectual Property Rights, privacy, and security rights. If Publisher reasonably determines, or becomes aware of any allegation that any Extension, its use, or distribution, infringes the Intellectual Property Rights of any individual or entity, Publisher will notify Google immediately.
  3. Viruses. Publisher represents and warrants that Extensions do not include any viruses, spyware, Trojan horses, or other malicious code of any kind.
6. Third Party Materials and Open Source.
  1. If Publisher makes use of, or otherwise incorporates, Third Party Materials or Open Source Materials in the Extensions, Publisher represents and warrants that Publisher has the right to distribute the Third Party Material or Open Source Material. At Google’s request, Publisher will provide in writing to Google the names and license information for all Open Source Materials and Third Party Materials used in an Extension.
  2. Publisher will comply with, and will cooperate in any manner necessary (as determined by Google) to assist Google in complying with any obligations contained in any licenses related to Third Party Material or Open Source Material. Publisher will not use any Open Source Materials licensed under GNU Affero General Public License (AGPL) or Server Side Public License (SSPL). To the extent required by the applicable license and/or for Open Source Material licensed under GPL (GNU General Public License), LGPL (GNU Lesser General Public License), or MPL (Mozilla Public License), Publisher will include a .zip file within the Extension of the full source code and license terms for such Open Source Material and any third party component or library to which such Open Source Material is linked or with which it is distributed.
  3. Google retains the right to immediately hide, prohibit access to, or remove any Extension if Publisher fails to comply with this Section 8(f) (Third Party Materials and Open Source).
DISCLAIMER OF WARRANTIES.
1. EXTENSIONS ECOSYSTEM. PUBLISHER’S USE OF THE EXTENSIONS ECOSYSTEM IS AT PUBLISHER’S SOLE RISK. THE EXTENSIONS ECOSYSTEM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
2. MATERIALS. PUBLISHER’S USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED PURSUANT TO THIS AGREEMENT IS AT PUBLISHER’S OWN RISK, AND PUBLISHER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO PUBLISHER’S COMPUTER SYSTEMS, SOFTWARE, NETWORK OR OTHER PROPERTY, OR LOSS OF ANY DATA THAT RESULTS FROM SUCH USE.
3. DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS AFFILIATES FURTHER DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Confidentiality.
1. "Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and that is marked as confidential or would normally be considered confidential information under the circumstances. It does not include information that was independently developed by the recipient, is or becomes public through no fault of the recipient, or is rightfully known by the recipient without confidentiality obligations. Any information that Google (or its Affiliates) shares with Publisher about or relating to a User is Google's Confidential Information.
2. Duty. The recipient will not disclose the discloser's Confidential Information, except to employees, Affiliates, agents, or professional advisors ("Delegates") who need to know it and who have a legal obligation to keep it confidential. The recipient will use the discloser's Confidential Information only to exercise rights and fulfill obligations under this Agreement, and will ensure that such people and entities use the discloser's Confidential Information only to exercise rights and fulfill obligations under this Agreement while using reasonable care to protect the Confidential Information. The recipient will ensure that its Delegates are also subject to the same non-disclosure and use obligations. The recipient may disclose Confidential Information when required by law after giving reasonable notice to the discloser, if permitted by law.
3. Independent Development. Each party recognizes that the other party may in the future develop or purchase Extensions or services related to or similar to the subject matter of Confidential Information disclosed under this Agreement. Accordingly, the recipient may use Residuals for any purpose, including use in the acquisition, development, manufacture, promotion, sale, or maintenance of Extensions and services; provided that this right to Residuals does not represent a license under any intellectual property and/or proprietary rights of the discloser. The term "Residuals" means information that is retained in the unaided memories of the recipient’s employees or contractors as permitted herein who have had access to the discloser’s Confidential Information. Memory is unaided if the employee or contractor has not intentionally memorized the Confidential Information for the purpose of retaining and subsequently using or disclosing it.
Extensions Takedowns.
1. Removal by Publisher. Publisher may request removal of an Extension from the Extensions Ecosystem at any time by:
  1. Deprecating the Extension pursuant to Section 5(d);
  2. Contacting a Google representative in relation to the exercise of its rights under this Section via https://firebase.google.com/support; and
  3. Complying with the wind down obligations set forth in Section 12(e) (Wind Down).
2. Removal by Google. While Google is not obligated to monitor the Extensions or their content, if Google is notified by Publisher, becomes aware, or determines that an Extension or Publisher Brand Feature: (a) violates the intellectual property rights or any other rights of Google or any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene or otherwise violates any Google policies or other terms of service as may be updated by Google from time to time; (d) may create liability for Google; (e) is deemed by Google to have a virus or to be malware, spyware or other malicious code; (f) violates this Agreement (g) is impacting the integrity of Google’s or User’s network or servers (e.g., Users are unable to access the Extension or otherwise experience difficulty); (h) is not meeting acceptable standards, including based on performance measurements such as uninstall, as determined solely by Google; or (i) in the case of the Extension, is the subject or repeated errors in metrics calculation or measurement, Google may immediately hide, prohibit access to, or remove the Extension and/or the Publisher profile from the Extensions Ecosystem.
3. Cure. Google will use commercially reasonable efforts to provide 7 days’ notice to Publisher instructing Publisher to cure its failures before Google hides, prohibits access to, or removes a Extension and/or the Publisher profile from the Extensions Ecosystem unless the Agreement is terminated or in Google’s opinion the provision of such notice is restricted by applicable law or would otherwise harm Google, or such failure is not reasonably capable of cure.
Term and Termination.
1. Term. This Agreement becomes effective on the Effective Date and continues until terminated.
2. Termination for Convenience. Either Party may terminate this Agreement on 30 days’ prior notice.
3. Termination by Google. Under the following circumstances Google may immediately terminate this Agreement if, in Google’s opinion, the provision of notice under Section 12(b) (Termination for Convenience) is restricted by applicable law or would otherwise harm Google, Publisher or Users:
  1. Publisher has breached any provision of this Agreement or another agreement with Google;
  2. Google is required to do so by law (e.g., Publisher is a person or entity barred from using the Extensions Ecosystem under the laws of the United States or other countries, including the country in which Publisher is resident/domiciled or from which Publisher uses the Extensions Ecosystem);
  3. Publisher has an Extension that violates any applicable law; or
  4. Google no longer allows third parties to add Extensions in the Extensions Ecosystem.
4. Effects of Termination.
  1. Subject to Section 12(e) (Wind Down) as applicable, upon termination of this Agreement all Extensions will be removed from the Extensions Ecosystem.
  2. Survival. All terms of this Agreement will remain valid and enforceable, as applicable with respect to the removed Extension, during any Wind Down Period. The obligations in Section 6 (Security and Privacy), Section 9 (Disclaimer of Warranties), Section 10 (Confidentiality), Section 12(e) (Wind Down), Section 13 (Limitations of Liability), Section 14 (Indemnification) and Section 16 (General Legal Terms), and any other terms that, by their nature, ought to survive, will survive any expiration or termination of this Agreement.
5. Wind Down.
  1. Except where prohibited by law and unless otherwise requested by Google, when the Extension is removed from the Extensions Hub a wind down period starting from the date of Extension removal will apply (the "Wind Down Period"). The Wind Down Period will be 6 months unless Google requests a shorter Wind Down Period.
  2. Subject to this Section 12(e), during the Wind Down Period the terms of the Agreement will continue to apply as to the removed Extension, including the following: (a) Publisher will continue to allow the use and deployment of the Extension via the Extensions Ecosystem by existing Users and will continue to support any existing Users, in each case in accordance with the terms of this Agreement; and (b) all licenses granted under this Agreement with respect to the removed Extension will continue in force.
  3. During the Wind Down Period, the listing for the removed Extension will be removed from the Extensions Ecosystem and users of the Extensions Ecosystem who have not already acquired the Extension may not acquire or deploy the removed Extension through the Extensions Ecosystem.
  4. After the Wind Down Period expires, (a) no User of the Extensions Ecosystem may acquire or deploy the removed Extension through the Extensions Ecosystem; (b) Google will have no responsibility or liability for use of the Extension after the end of the Wind Down Period; and (c) the licenses granted under Sections 7(b) (Source Code License Grant to Google) and 7(d) (User License) will continue in force until all previously installed instances of the Extension via the Extensions Ecosystem have been removed by existing Users.
6. Waiver. Where applicable, to effectuate the termination of this Agreement under Section 12 (Term and Termination), the parties will waive any provisions, procedures, and operation of any applicable law that requires a court order to terminate this Agreement.
LIMITATIONS OF LIABILITY.
1. Liability. IN THIS SECTION 13 (LIMITATIONS OF LIABILITY), "LIABILITY" MEANS ANY LIABILITY, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, INCLUDING FOR NEGLIGENCE.
2. Limitations. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 11(c) (EXCEPTIONS TO LIMITATIONS):
  1. NEITHER PARTY, NOR ITS AFFILIATES OR LICENSORS, WILL HAVE ANY LIABILITY TO THE OTHER PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR ANY (A) INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; OR (B) LOST REVENUES, PROFITS, SAVINGS, OR GOODWILL; and
  2. EACH PARTY’S TOTAL LIABILITY TO THE OTHER PER INCIDENT ARISING OUT OF OR RELATING TO THIS AGREEMENT IS LIMITED TO $15,000 USD.
3. Exceptions to Limitations. 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; (C) ITS BREACH OF SECTIONS 6 (SECURITY AND PRIVACY), 8 (PUBLISHER REPRESENTATIONS AND WARRANTIES), OR 10 (CONFIDENTIALITY); (D) ITS OBLIGATIONS UNDER SECTION 14 (INDEMNIFICATION); (E) ITS INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS; OR (F) MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification.
1. Indemnity. To the maximum extent permitted by applicable law, Publisher will defend and indemnify Google, its Affiliates and their respective directors, officers, employees, agents and Users against any and all losses, liabilities, damages, costs, fees (including legal fees) and expenses relating to any third-party allegation or third-party legal proceeding arising from or related to: (a) any allegation that the Extension, or its availability or deployment via the Extensions Ecosystem, violates applicable law or the privacy or security rights of any Users or other third parties, but not including any allegation to the extent arising out of or accruing solely from the Extensions Ecosystem or its design, (b) Publisher’s unauthorized or unlawful use of the Extensions Ecosystem or any User information or data, (c) any Extension infringing any copyright, trademark, trade secret, trade dress, patent or other Intellectual Property Rights of any person or defames any person or violates a person’s rights of publicity or privacy, or (d) Publisher’s breach of any Publisher representation or warranty under this Agreement.
2. Remedies. If an injunction preventing continued use of the Extension is threatened or granted, Publisher will do the following at Publisher’s sole expense: procure the right to continue providing the Extension in compliance with this Agreement; or modify the Extensions to make them non-infringing without materially reducing their functionality; or remove the affected Extension under Section 11(a) (Removal by Publisher) and, if possible, replace the Extension with non-infringing, functionally-equivalent alternatives.
3. Exclusions. The indemnity provided by Publisher under this Agreement does not extend to claims to the extent arising solely from breach by Google of its material obligations hereunder.
4. Feedback. If Publisher provides feedback or suggestions about the Extensions Ecosystem, then Google (and those Google may allow) may use such information without obligation to Publisher.
5. Non-Exclusivity. This Agreement is non-exclusive. Publisher acknowledges that Google may develop Extensions or services that may compete with the Extensions or any other Extensions or services.
Modifications To the Agreement.
1. Google may make changes to this Agreement from time to time. Google will provide notice of material changes and unless otherwise noted by Google, such changes will become effective 30 days after they are posted, except to the extent the changes apply to new functionality in which case they will be effective immediately. If Publisher does not agree to the revised Agreement, Publisher will, within 30 days of the notice, (a) notify Google of its rejection of the modifications in total, (b) terminate this Agreement under Section 12(b) (Termination for Convenience), and (c) stop using the Extensions Ecosystem. So long as Publisher timely and properly rejects the modifications in total and terminates the Agreement, then the terms of the Agreement before the notified modification will continue to apply, including during any Wind Down Period.
2. Publisher’s continued use of the Extensions Ecosystem after such changes become effective will constitute Publisher’s consent to such changes.
General Legal Terms.
1. Notices. Under this Agreement, notices to Publisher must be sent to the Notification Email Address and notices to Google must be sent to [email protected]. Notice will be treated as received when the email is sent. Publisher is responsible for keeping its Notification Email Address current.
2. Emails. The parties may use emails to satisfy written approval and consent requirements under this Agreement.
3. Assignment. Publisher may not assign any part of this Agreement without Google's prior written consent. Google may assign or delegate its rights and obligations under this Agreement.
4. Change of Control. If a party experiences a change of Control other than as part of an internal restructuring or reorganization (for example, through a stock purchase or sale, merger, or other form of corporate transaction), that party will give written notice to the other party within 30 days after the change of Control.
5. Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.
6. Representations and Warranties. Each party represents and warrants that it has full power and authority to enter into the Agreement.
7. No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.
8. 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.
9. No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
10. Equitable Relief. Nothing in this Agreement will limit either party's ability to seek equitable relief.
11. Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT 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.
12. Amendments. Except as stated in Section 15 (Modifications to the Agreement), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
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 this Agreement. Google may provide an updated URL in place of any URL in this Agreement at any time.
14. Headers. Headings and captions used in the Agreement are for reference purposes only and will not have any effect on the interpretation of the Agreement.
15. Conflicting Languages. If this Agreement is translated into any language other than English, and there is a discrepancy between the English text and the translated text, the English text will govern unless expressly stated otherwise in the translation.
Additional Definitions.
1. "Admin Console" means the online console(s), dashboard(s) and/or tool(s) provided by Google for administering the Firebase or Google Cloud services.
2. "Affiliate" means a person or entity that a party, directly or indirectly, controls, that controls a party or that is under common control with a party. For purposes of this provision, "control" means ownership of more than 50% of the outstanding voting rights or equity interests of the entity.
3. "Extension(s)" means Publisher software or services identified by Publisher, displayed and available in the Extensions Ecosystem.
4. "Extensions Ecosystem" means the Extensions Registry and the Extensions Hub, collectively.
5. "extensions.dev" means the website for the Extensions Hub.
6. "Firebase" means the set of services provided by Google and identified at https://firebase.google.com/terms.
7. "Google" means Google LLC and its Affiliates.
8. "including" means including but not limited to.
9. "Intellectual Property Right(s)" means all registered or unregistered intellectual property rights throughout the world, including rights in patents, copyrights, trademarks, trade secrets, designs, databases, domain names, and moral rights.
10. "Notification Email Address" means the email address(es) designated by User in the Firebase Console.
11. "Open Source Material(s)" means any materials that are available under an open source license, including those licenses identified by the Open Source Initiative at https://opensource.org/licenses/alphabetical, that are included or used in any of the Extensions.
12. "Personal Information" means (i) any information about an identified or identifiable individual; or (ii) information that is not specifically about an identifiable individual but, when combined with other information, may identify an individual. Personal Information includes names, email addresses, postal addresses, telephone numbers, government identification numbers, financial account numbers, payment card information, credit report information, biometric information, online identifiers (including IP addresses and cookie identifiers), network and hardware identifiers, and geolocation information. In this Agreement, "Personal Information" includes "personal data" within the meaning of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 ("GDPR"), including any other applicable data protection laws or regulations modeled on the GDPR.
13. "Publisher Project" means a project created in the Firebase Console that contains a Publisher’s profile and metadata and hosts the Publisher’s Extension.
14. "Third Party Material(s)" means any materials not owned solely by Publisher or Google that are included, incorporated or used in any of the Extensions.
15. "User(s)" means any person or entity who deploys or otherwise uses an Extension through the Extensions Ecosystem.
16. "Wind Down Period" has the meaning described in Section 12(e) (Wind Down).