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EXECUTION COPY
Exhibit D
Google's Client Application Guidelines
Policy Guidelines for Access of Google Services Through Client Applications
Effective Date: July 26, 2004
Google has observed a significant increase in the number of reports of software that is engaging in deceptive, malicious and other annoying practices that
significantly diminish user perception and enjoyment of the internet. These practices include but are not limited to installing software on computers without
obtaining informed end user consent (the so-called "drive-by download"), inundating end users with advertisements without adequate attribution or labeling,
exposing users to pornographic material without obtaining informed end user consent, obtaining or transmitting personal information about an end user
without obtaining informed end user consent, and interfering with an end user's ability to easily uninstall applications the end user does not wish to be on his
or her computer.
Google does not wish to be associated with these types of practices. Accordingly, Google has developed the Guidelines set forth below to prevent its
trademark, other intellectual property, and services from being used in connection with these practices. Google believes that these Guidelines are necessary to
protect Google from any allegation that it has contributed to practices that might be viewed as unlawful or actionable; to preserve the reputation of Google as
a provider of trusted software and services in a manner that is beneficial and fair to users and other constituents; and to stem the rising incidence of practices
that harm users and diminish the perceived value and reliability of the internet, which are essential to Google's business.
With this objective in mind, Google has established the following Guidelines to apply to customer Applications that are used to access our search
and/or advertising syndication services. Except to the extent Google has otherwise specifically agreed in writing, Google does not grant permission to,
and you will not, access Google services using one or more of your Applications unless you ensure that those Applications comply with these
Guidelines. Examples of accessing Google services in this context include Applications that send end user queries or other information to Google to
generate search or ad results, or Applications that alter browser or other application settings to permit error traffic to be sent to Google to generate
search or ad results.
For the avoidance of doubt, by these Guidelines Google does not intend to, and does not, impose any restrictions on what you may do with any Application
that is not used to access, or is not bundled with any Application that is used to access, Google services; you remain free to sell any Application you wish
(whether or not it complies with these Guidelines) so long as it is not used to access Google services.
In these Guidelines: (a) "you" and "your" refer to the legal entity(ies) that has entered into the contract with Google into which these Guidelines are
incorporated, as well as any person or entity acting on your behalf; and (b) "Application" means any application, plug-in, helper, component or other
executable code that runs on a user's computer, examples of which include those that provide browser helper objects, instant messaging, chat, email, data, file
viewing, media playing, file sharing, games, internet navigation, search and other services.
Google welcomes input about these Guidelines from you and from other interested parties, and is always willing to consider revisions as appropriate to
encourage innovation while protecting against deceptive, unfair and harmful practices. Accordingly, Google may update these Guidelines, including the
Exhibits, from time to time as provided in Section 10 below.
If you have any questions about these Guidelines, please do not hesitate to discuss them with your Google account manager.
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Google Confidential [Legal Department MC/CW Google]