Case 6:21-cv-00569-ADA Document 128-1 Filed 12/29/22 Page 1 of 6
`Case 6:21-cv-00569-ADA Document 128-1 Filed 12/29/22 Page 1 of 6
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`EXHIBIT 6
`EXHIBIT 6
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`Case 6:21-cv-00569-ADA Document 128-1 Filed 12/29/22 Page 2 of 6
`Case 6:21-cv-00569-ADA Document 128-1 Filed 12/29/22 Page 2 of 6
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`Google Cast SDK Additional Developer Terms of
`service
`
`Thank you for using the Google Cast SDK. This SDK is provided by Google LLC (referred to as Google, we,
`our, or us in these Terms), located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United
`States.
`
`1.
`
`Introduction
`
`1.1 These Google Cast SDK Additional Developer Terms of Service (“Terms”) outline your rights and
`responsibilities when using our SDK, so please read them carefully. By using the Google Cast SDK, you
`consent to be boundby these Terms,as well as the Google APIs Terms of Service
`(https://developers.google.com/terms/), which are incorporated by reference.
`
`1.2 If you are agreeing to be bound by these Terms on behalf of your employer or other entity, you
`represent and warrant that you havefull legal authority to bind your employer or such entity to these
`Terms. If you do not have the requisite authority, you may not agree to these Terms or use the SDK on
`behalf of your employer or other entity.
`
`1.3 You agree that Google may contact you at the e-mail address you provide when you register your
`application to provide you with information about the Google Cast SDK, Google Cast receivers, and/or
`your application(s).
`
`2. License
`
`2.1 Subject to these Terms, Google grants you a limited, worldwide, royalty-free, non-assignable and non-
`exclusive license to use the Google Cast SDK to develop interoperability between your application(s) and
`Google Cast Receivers. A Google Web Receiver is any piece of hardware that contains Google Cast
`technology, including but not limited to the Chromecast device.
`
`2.2 You agree that Google and/orthird parties ownall legal right,title and interest in and to the SDK,
`including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property Rights" means any
`and all rights under patent law, copyright law, trade secret law, trademarklaw, and any and all other
`proprietary rights. Google reservesall rights not expressly granted to you.
`
`2.3 You agree that the form and nature of the SDK that Google provides may change withoutprior notice
`to you and that future versions of the SDK may be incompatible with applications developed on previous
`versions of the SDK. You agree that Google may stop (permanently or temporarily) providing the SDK,
`features within the SDK, or support for the SDK to you or to users generally at Google's sole discretion,
`without prior notice to you. For the sake ofclarity, and without limiting the foregoing, Google does not
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`TS-00963418
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`Case 6:21-cv-00569-ADA Document 128-1 Filed 12/29/22 Page 3 of 6
`Case 6:21-cv-00569-ADA Document 128-1 Filed 12/29/22 Page 3 of 6
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`commit to maintaining every version of its SDK -- please be sure to keep your application updated to the
`latest SDK.
`
`2.4 Your application may be de-registered by Google with or without notice at Google's sole discretion
`including, but notlimited to, for violation of these Terms. If you have any questions or concerns regarding
`
`such a de-registration, you may contact us at Cast Support (https://developers.google.com/cast/support/).
`
`3. Developerpolicies
`
`3.1 Any application using the Google Cast SDK may not circumvent, compromise or otherwise adversely
`impact any access protections of a Google Cast Receiver, including but not limited to the requirement
`that only registered applications mayutilize the Google Cast SDK.
`
`3.2 You may not use the Google Cast SDK,either directly or by using the contents of the Google Cast
`SDK, to develop a standalone technology and/or to block or otherwise adversely impact any functionality
`of any Google Cast Receiver. For example, you may not build functionality equivalent to the APIs provided
`by the Google Cast SDK. You further agree that you will not create any exploits of any Google Cast
`Receiver, such as rooting a device.
`
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`3.3 You must register your application through the developer console (https://cast.google.com/publish). You
`may not circumvent that registration process,either for yourself or others.
`
`3.4 Your application (including the sender and receiver elements)utilizing the Google Cast SDK:
`
`e 3.4.1 must not use the Google Cast SDK to initiate any application on the Google Web Receiver
`other than the application from whichthe user is trying to cast content, and you must take
`appropriate steps to ensure that your application cannot be invoked to launch content for which you
`are not responsible;
`
`« 3.4.2 must not create a means by which applications can cast content to a Cast device without
`incorporating the Google Cast SDK into their applications;
`
`e 3.4.3 must not encourage usersto utilize Chromecast or any other Google Web Receiverin a way
`that violates our Terms of Service or usage warnings (e.g., for high-risk activities);
`
`e 3.4.4 must include protections against screen burn-in;
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`*® 3.4.5 must be designed to work on all Google Cast Receivers, and shall not be blocked or
`otherwise prevented from working on any particular Google Cast Receiver;
`
`* 3.4.6 must use the Google Cast SDK’s Play Control APls for any features that control the playback
`of content being cast (e.g., pause button, fast-forward button). “Play control APIs” are the APIs that
`permit your application to communicate with a Google Web Receiver so that the user can control
`the content being cast;
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`TS-00963419
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`Case 6:21-cv-00569-ADA Document 128-1 Filed 12/29/22 Page 4 of 6
`Case 6:21-cv-00569-ADA Document 128-1 Filed 12/29/22 Page 4 of 6
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`e 3.4.7. must not log any personally identifiable information of any user in the console logs of the
`user's Google Cast Receiver;
`
`¢ 3.4.8 must not automatically cast content. Content should only be cast in responseto a user
`requestto cast that content;
`
`¢ 3.4.9 must reasonably comply with the Google Cast Design Checklist (/cast/docs/design_checklist);
`and
`
`* 3.4.10 must not persistently store, or attempt to persistently store, any information on the Google
`Web Receiver itself.
`
`3.5 Google makes available a means by which you can register Google Cast receivers for development
`purposes. In the event you request that Google Cast receivers be registered, you agree that any such
`registered Google Cast receivers will only be used for development purposes. You agree not to
`circumvent the registration process or makeregistered devices available to third parties without Google's
`express written permission. You agree that Google may associate the serial number of a registered
`device with your e-mail address or other information you provide to Google.
`
`4. Content Policy
`
`
`4.1 You must comply with the Content Policies listed in the Google Play Developer Program Policies
`(https://play.google.com/about/developer-content-policy.html).
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`5.
`
`Icons and Trademarks
`
`5.1 Cast button
`
`e 5.1.1 Your application must use the cast button available in the Get Started
`(/cast/docs/developers#download_cast_icons) guide as the button users presstoinitiate a Cast
`session.
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`e 5.1.2 The cast button must be at the top level, meaning that it cannot appear in a drop-down menu.
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`* 5.1.3 The cast button must appear on all pages that show content that can be sent to a Google
`Cast Receiver.
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`5.2 Brand features
`
`"Brand Features” means trade names, trademarks, service marks, logos, domain names,
`e 5.2.1
`and/or other distinctive brand features that you either submit to Google or of which you approve
`Google's usein writing.
`
`e 5.2.2 You shall ownall right, title and interest, including without limitation all intellectual property
`rights, relating to your Brand Features. Exceptto the limited extent expressly provided below, You do
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`Case 6:21-cv-00569-ADA Document 128-1 Filed 12/29/22 Page 5 of 6
`Case 6:21-cv-00569-ADA Document 128-1 Filed 12/29/22 Page 5 of 6
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`not grant Google anyright, title or interest (including, withoutlimitation, any implied license) in or to
`any of Your Brand Features.
`
`e 5.2.3 Subject to these Terms, you grant to Google andits affiliates a limited, non-exclusive,
`worldwide, royalty-free license to display your Brand Features for purposes of marketing the
`interoperability of your application with Google Cast. Google and its affiliates may include your
`Brand Features: (i) on any Google-ownedonline or mobile properties; (ii) on Google or non-Google
`properties promoting Chromecast or other Google Cast receivers, including but not limited to
`productlistings or promotions and offline marketing;(iii) in presentations; and(iv) in lists of
`interoperable applications which appear either online or on mobile devices (which includes, without
`limitation, lists posted on Google websites). If your application at any point ceases being Google
`Cast-compatible, Google will cease use of your Brand Features for such marketing purposesin
`connection with that application.
`
`5.3 Google grants you a limited, non-exclusive, worldwide, royalty-free license to use the "Google Cast"
`
`phrase and/or badgesonly in accordancewith the User Experience Guidelines (/cast/docs/ux_guidelines)
`while your application remains interoperable with Google Cast. Google shall ownall right, title and
`interest, including withoutlimitation all intellectual property rights, relating to the "Google Cast” phrase
`and/or badges. Except to the limited extent expressly provided herein, Google does not grant you any
`right, title or interest to any Google brand features, including the "Google Cast" phrase and/or badges.
`
`5.4 Alluse by Google of your Brand Features (including any goodwill associated therewith) shall inure to
`your benefit and all use by you of the “Google Cast” phrase or badge (including any goodwill associated
`therewith) shall inure to the benefit of Google. You shall not challenge or assist others to challenge
`Google's Brand Features (except to protect your rights with respect to your own Brand Features) or the
`registration thereof. You shall not attempt to register any Brand Features or domain namesthat are
`confusingly similar to those of Google.
`
`6. Advertising
`
`6.1 Google may in the future make advertising available via its APIs. Such advertising will appear in
`connection with your content or service only if you opt in. If Google makes such advertising available, and
`you chooseto serve such advertising, Google may share revenue from that advertising with you pursuant
`to the advertising terms and conditions made available at the time you opt in to such advertising.
`
`7. Open Source Software
`
`7.1. As stated in the Google APIs Terms of Service, some of the software required by or includedin the
`Google Cast SDK maybe offered under an open source license. There may be provisions in the open
`sourcelicense that expressly override some of these Terms, and in those cases, the overriding provisions
`apply.
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`TS-00963421
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`Case 6:21-cv-00569-ADA Document 128-1 Filed 12/29/22 Page 6 of 6
`Case 6:21-cv-00569-ADA Document 128-1 Filed 12/29/22 Page 6 of 6
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`Except as otherwise noted, the contentof this page is licensed under the Creative Commons Attribution 4.0 License
`(https://creativecommons.org/licenses/by/4.0/), and code samples are licensed under the Apache 2.0 License
`(https://www.apache.org/licenses/LICENSE-2.0). For details, see the Google Developers Site Policies
`(https://developers.google.com/site-policies). Java is a registered trademark of Oracle and/or its affiliates.
`
`Last updated 2022-03-24 UTC.
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`TS-00963422
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