America Online 2010 Annual Report Download - page 264

EXECUTION COPY
4.1. Disclosure and Consent before Installation. You may not access Google services from Any Application unless you and your distribution and
bundling partners design the installation of your Application in a manner that ensures that it is installed by end users in a knowing and willful manner – e.g.,
no "drive-by" downloads or installs. By "distribution partner" we mean any third party who distributes your Application and by "bundling partner" we mean
any third party who installs your Application in combination with or alongside one or more other Applications. At a minimum, compliance with this provision
requires that, prior to installing your Application, you and any third party distributing or bundling your Application:
(a) first, fully, accurately, clearly and conspicuously disclose to end users:
(i) that they are installing an application,
(ii) the name of the Application, identifying you as the entity responsible for it, and
(iii) the principal and significant features and functionality of the Application; and
(b) then, obtain the end user's affirmative consent to install the Application.
Notwithstanding the foregoing, the disclosure and consent requirements of this Section 4.1 will not apply to those of your Applications that are installed on
computers prior to sale.
4.2. Disclosure and Consent for Collection and Transmission of Personally Identifiable Information. You may not access Google services from any
Application that (1) collects or transmits to any entity other than the end user personally identifiable information, or (2) collects or transmits information
related to a user's computer or Internet usage or activity in a manner that could collect or transmit such user's personally identifiable information (such as
through keystroke logging), unless prior to the first occurrence of any such collection or transmission you:
(a) first, fully, accurately, clearly and conspicuously disclose:
(i) the type of information collected (described with specificity in the case of personally identifiable information),
(ii) the method of collection (e.g., by registration, etc.), and
(iii) the location of (i.e., a link to) the privacy policy that governs the collection, use and disclosure of the information; and
(b) then, obtain the end user's affirmative consent to such collection and/or transmission.
4.3. Disclosure and Consent for Setting Changes. You may not access Google services from any Application that makes a change to any operating
system or Application data setting which will impact the user experience of other Applications (e.g., changing the browser default home page or changing the
default application for a file type, such as the default email, browser or media player application), unless prior to making such change you:
(a) first, fully, accurately, clearly and conspicuously disclose the change in a manner that will explain the practical effect of such change; and
(b) then, obtain the end user's affirmative consent to make such change.
Notwithstanding the foregoing, (i) no disclosure and consent need be made for changes to operating system or Application data settings that have only a minor
impact on user experience, such as adding a small number of bookmarks to the browser menu or adding an item to a start menu, and (ii) the disclosure and
consent requirements of this Section 4.3 will not apply to those setting changes that may be made prior to sale to the end user.
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Google Confidential [Legal Department MC/CW Google]