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EXECUTION COPY
4.4. Method of Disclosure and Consent. In order to satisfy the requirements above, the disclosure of the items specified above (a) must be provided in
both (1) the End User License Agreement (EULA) or privacy policy (to the extent required by law or otherwise by industry custom) and (2) separately from
the EULA and/or privacy policy (e.g., in installation screens or message boxes, as the case may be), and (b) must be designed so that it will be read by,
adequately inform and evidence the consent of a typical Internet user. See Exhibit I for sample disclosure and consent implementations that would satisfy
certain of the requirements above.
4.5. EULA and Privacy Policy. You may not access Google services from any Application unless it conforms, and is distributed pursuant to a EULA
that conforms, with all applicable laws and regulations. In addition, you and your Application must comply with the agreements and representations you make
with your end users in your EULA and privacy policy. Your privacy policy must be accessible from your Application in an easily found location. If your
Application collects or transmits any other information related to the user's use of his or her computer, but not required to be disclosed and consented to
pursuant to Section 4.2, then the collection and use of such other information must be disclosed in your privacy policy.
5. Transparency. Neither you nor any of your third party distribution or bundling partners may mislead end users or create end user confusion with regard to
the source or owner of an Application or any portion of its purpose, functionality or features. For example, all elements of your Application that are visible to
the end user must clearly identify their source through its branding and attribution, and that identification, whatever form it takes, must correspond to the
identification of your application in the menu that permits end users to remove programs. You must clearly label advertisements provided by your Application
(if any) as such and clearly identify your Application as the source of those advertisements. In addition, if your Application modifies the operation or display
of other applications or Web sites (other than Web sites that you own), then in each instance you must clearly and conspicuously attribute the source of that
modification to your Application (as distinct from the application or Web site modified) in a manner that will inform a typical Internet user; provided that this
requirement will not apply to modifications for which you obtain disclosure and consent pursuant to Section 4.3. See Exhibit I for examples of modifications
that are clearly and conspicuously disclosed to end users.
6. Deactivation. You may not access Google services from any Application that impairs an end user's ability to change any preferences or settings set by the
Application in accordance with the way that such preferences or settings ordinarily may be changed by the applicable Application. Once disabled by an end
user, your Application may not be re-enabled without an affirmative action by the end user to explicitly re-enable your application. Accordingly, no use,
update, installation or re-enablement of a separate Application, and no code downloaded as a result of browsing a Web site, may operate to re-enable your
Application. Your Application must permit end users to uninstall it (in the customary place the applicable operating system has designated for adding or
removing programs, e.g., Add/Remove Programs control panel in Windows) in a straightforward manner, without undue effort or skill. In addition, your
Application, when running, must provide (in an easily found location) clear and concise instructions on how it may be uninstalled. Once uninstalled, your
Application must not leave behind any functionality or design elements, and all setting changes made by the application, but not explicitly agreed to by the
end user, should be reversed to the extent practicable.
7. Bundling of Applica tions.
7.1. Bundling. Your Application may be distributed through bundling arrangements (referring to the distribution of your Application in a "bundle" that
installs your Application with one or more other Applications). However, in such case, you may not access Google services from any such Application unless
each of the following requirements is satisfied:
(a) the end user is made aware of all of the Applications included in the bundle prior to any installation;
(b) all such Applications included in the bundle or download comply with the provisions of Section 2 through 6 of these Application Guidelines;
(c) if Applications in a bundle in which you are participating are supported in part by revenue generated by advertising displayed in another
independent Application included in that bundle and the continued use of the Application is conditioned on such other independent Application
remaining installed and active on the end user's computer, the end user must be made aware of that relationship; and
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Google Confidential [Legal Department MC/CW Google]