April 12, 2022

Home

Stay organized with collections

Save and categorize content based on your preferences.

# Service Specific Terms

Last modified: April 12, 2022

This is not the current version of this document and is provided for archival
purposes.
View the current version

These Service Specific Terms are incorporated into the
agreement under which Google has agreed to provide Google
Cloud Platform (as described
at https://cloud.google.com/terms/services)
to Customer (the “Agreement”). If the Agreement authorizes
the resale or supply of Google Cloud Platform under a Google
Cloud partner or reseller program, then all references to
Customer in the Service Specific Terms mean Partner or
Reseller (as applicable), and all references to Customer
Data in the Service Specific Terms mean Partner Data.
Capitalized terms used but not defined in the Service
Specific Terms have the meaning given to them in the
Agreement.

General Service Terms

1. **Data
Location**. Customer may configure the
Services listed
at https://cloud.google.com/terms/data-residency to
store Customer Data in a specific Region or
Multi-Region as detailed in the Cloud Locations
Page, and Google will store that Customer Data at
rest only in the selected Region or Multi-Region.
The Services do not limit the locations from which
Customer or Customer End Users may access Customer
Data or to which they may move Customer Data. For
clarity, Customer Data does not include resource
identifiers, attributes, or other data labels.

2. **Operations of Communications
Services**. Notwithstanding any
telecommunications restrictions in the Agreement,
Customer may use the Services for hosting capacity
in connection with Customer’s provision of
telecommunications services to Customer End Users
if (a) Customer obtains, maintains, and complies
with all necessary regulatory licenses,
registrations or other applicable requirements
relating to such telecommunications services, and
(b) Customer does not use or resell the Services
to provide telecommunications connectivity,
including for virtual private network services,
network transport, or voice or data transmission.

3.** General
Software Terms**. The following terms
apply to all Software:

a. *License*.
Google grants Customer a royalty-free (unless
otherwise stated by Google), non-exclusive,
non-sublicensable, non-transferable license during
the Term to reproduce and use the Software ordered
by Customer on systems owned, operated, or managed
by or on behalf of Customer in accordance with (i)
the Agreement, and (ii) if applicable, the Scope
of Use. Customer may authorize its and its
Affiliates' employees, agents, and subcontractors
(collectively, “Software Users”) to use the
Software in accordance with this section
(License), so long as Customer remains
responsible. Customer may make a reasonable number
of copies of the Software for back-up and archival
purposes. For clarity, Software does not
constitute Services.

b.
*Documentation*. Google may provide
Documentation describing the appropriate operation
of the Software, including a description of how
Software is properly used, and whether and how the
Software collects and processes data. Customer
will comply with any restrictions in the
Documentation regarding Software use.

c. *Compliance
With Scope of Use*. Within 30 days of
Google’s reasonable written request, Customer will
provide a sufficiently detailed written report
describing its usage in accordance with the
applicable Scope of Use of each Software product
used by Customer and its Software Users during the
requested period. If requested, Customer will
provide reasonable assistance and access to
information to verify the accuracy of Customer’s
Software usage report(s).

d. *Other
Warranties and Compliance*. Each party
represents and warrants that it will comply with
all laws and regulations applicable to its
provision or use of the Software, as applicable.
Customer will: (i) ensure that Customer and its
Software Users' use of the Software complies with
the Agreement and the restrictions in the
Agreement applying to Customer's use of the
Services; (ii) use commercially reasonable efforts
to prevent and terminate any unauthorized access
to or use of the Software; and (iii) promptly
notify Google of any unauthorized access to or use
of the Software of which Customer becomes aware.
If the Software contains open source or
third-party components, those components may be
subject to separate license agreements, which
Google will make available to Customer. Customer
is solely responsible for complying with the terms
of any third-party sources from which Customer
elects to migrate its workloads onto the Services,
and represents and warrants that such third-party
sources permit the use of Software to migrate
applications away from such sources. If the
Agreement terminates or expires, then Customer
will stop using all Software and delete it from
Customer's systems.

4. **Premium
Software Terms**. The following terms
apply only to Premium Software:

a.
*Introduction*. Google makes certain
Software available under the Agreement described
as “Premium Software”
at https://cloud.google.com/terms/services(“Premium
Software”). Customer will pay applicable Fees for
any Premium Software it obtains as described at
the Fees URL. Premium Software is Google’s
Confidential Information.

b. *Software
Warranty*. Google warrants to Customer that
for one year from its delivery, Premium Software
will perform in material conformance with the
applicable Documentation. This warranty will not
apply if (i) Customer does not notify Google of
the non-conformity within 30 days after Customer
first discovers it, (ii) Customer modifies Premium
Software or uses it in violation of the Agreement,
or (iii) the non-conformity is caused by any
third-party hardware, software, services, or other
offerings or materials, in each case not provided
by Google.

If Google breaches
this warranty, then Google will, in its
discretion, repair or replace the impacted Premium
Software at no additional charge. If Google does
not believe that repairing or replacing would be
commercially reasonable, then Google will notify
Customer and (A) Customer will immediately cease
use of the impacted Premium Software and (B)
Google will refund or credit any prepaid amounts
for the impacted Premium Software and Customer
will be relieved of any then-current commitment to
pay for future use of the impacted Premium
Software. Without limiting the parties’
termination rights, this section (Software
Warranty) states Customer’s sole remedy for
Google’s breach of the warranty in this section
(Software Warranty).

c. *Software
Indemnification*. Google’s indemnity
obligations under the Agreement with respect to
allegations of infringement of third-party
Intellectual Property Rights apply to Premium
Software, and Customer’s indemnity obligations
under the Agreement with respect to Customer’s use
of the Services apply to Customer’s use of Premium
Software. In addition to any other indemnity
exclusions in the Agreement, Google’s indemnity
obligations will not apply to the extent the
underlying allegation arises from modifications to
Premium Software not made by Google or use of
versions of Premium Software that are no longer
supported by Google.

d. *Technical
Support*. Unless otherwise specified by
Google, Google will make TSS available for Premium
Software for an additional charge, in accordance
with the TSS Guidelines.

e.
*Compliance*. Premium Software may transmit
to Google metering information reasonably
necessary to verify that use of the Premium
Software complies with the Scope of Use, as
described in the applicable Documentation.
Customer will not disable or interfere with the
transmission of such metering information.

f. *Updates and
Maintenance*. During the Term, Google will
make available to Customer copies of all current
versions, updates, and upgrades of Premium
Software, promptly upon general availability, as
described in the Documentation. Unless otherwise
stated in the Documentation for the applicable
component of Premium Software, Google will
maintain the current release of Premium Software
and the two versions immediately preceding the
current release, including by providing reasonable
bug fixes and security patches. Maintenance for
any Premium Software may be discontinued with one
year’s notice from Google, except Google may
eliminate maintenance for a version and require
upgrading to a maintained version to address a
material security risk or when reasonably
necessary to avoid an infringement claim or comply
with applicable law.

5. **Pre-GA
Offerings Terms**. Google may make
available to Customer pre-general availability
Google Cloud Platform features, services or
software that are either not yet listed
at https://cloud.google.com/terms/services or
identified as “Early Access,” “Alpha,” “Beta,”
“Preview,” “Experimental,” or a similar
designation in related documentation or materials
(collectively, “Pre-GA Offerings”). While Pre-GA
Offerings are not Services or Software, Customer’s
use of Pre-GA Offerings is subject to the terms of
the Agreement applicable to Services (or Software,
if applicable), as amended by this Section 5.

Customer may provide
feedback and suggestions about the Pre-GA
Offerings to Google, and Google and its Affiliates
may use any feedback or suggestions provided
without restriction and without obligation to
Customer.

PRE-GA OFFERINGS ARE
PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES OR REPRESENTATIONS OF ANY KIND. Pre-GA
Offerings (a) may be changed, suspended or
discontinued at any time without prior notice to
Customer and (b) are not covered by any SLA or
Google indemnity. Except as otherwise expressly
indicated in a written notice or the documentation
for a given Pre-GA Offering, (i) Pre-GA Offerings
may not be covered by TSS, (ii) the Data
Processing and Security Terms do not apply to
Pre-GA Offerings and Customer should not use
Pre-GA Offerings to process personal data or other
data subject to legal or regulatory compliance
requirements, and (iii) Google’s data location
commitments set out in these Service Specific
Terms will not apply to Pre-GA Offerings. With
respect to Pre-GA Offerings, to the maximum extent
permitted by applicable law, neither Google nor
its suppliers will be liable for any amounts in
excess of the lesser of (A) the limitation on the
amount of liability stated in the Agreement or (B)
$25,000. Nothing in the preceding sentence will
affect the remaining terms of the Agreement
relating to liability (including any specific
exclusions from any limitation of liability).
Customer's access to and use of any Pre-GA
Offering is subject to any applicable Scope of
Use. Either party may terminate Customer's use of
a Pre-GA Offering at any time with written notice
to the other party. Certain Pre-GA Offerings may
be subject to additional terms stated below.

6.
**Google-Managed Multi-Cloud. **The
then-current services described as “Google-Managed
Multi-Cloud Services” at
https://cloud.google.com/terms/services ("Google-Managed
MCS") are Google services, products and features
that are hosted on the infrastructure of a third
party cloud provider (“Multi-Cloud Service
Third-Party Provider”). While the Google-Managed
MCS are not Services or Software, Customer’s use
of the Google-Managed MCS is subject to the terms
of the Agreement applicable to Services (or
Software, if applicable), as amended by this
Section 6. In addition to the terms of the
Agreement and notwithstanding anything to the
contrary in the “Conflicting Terms” section of the
Agreement, Customer’s use of the Google-Managed
MCS is subject to the following terms:

a.* Admin Console*. The Google-Managed MCS
may not be available through the Admin
Console.

b.* Multi-Cloud Service Third-Party Provider Relationship*.

i. To make use of the
Google-Managed MCS, Customer must maintain an
independent account and billing relationship with
the applicable Multi-Cloud Service Third-Party
Provider. Customer is responsible for entering
into and complying with an appropriate agreement
with the applicable Multi-Cloud Service
Third-Party Provider governing Customer’s use of
the Multi-Cloud Service Third-Party Provider’s
services and the Multi-Cloud Service Third-Party
Provider’s processing of personal data on behalf
of Customer. The Agreement does not obligate
Google or the Multi-Cloud Service Third-Party
Provider to provide the Multi-Cloud Service
Third-Party Provider’s services that are necessary
for the Customer to use the Google-Managed
MCS.

ii. If the
Multi-Cloud Service Third-Party Provider makes a
change to its services or terms, and Google
reasonably concludes that its provision of the
Google-Managed MCS is no longer commercially
feasible as a result of the change, Google may
immediately Suspend all or part of Customer's use
of the impacted Google-Managed MCS, or make any
other discontinuance or backwards-incompatible
change necessary to continue to provide the
Google-Managed MCS. Google will lift any such
Suspension once the circumstances giving rise to
the Suspension have been resolved. To the extent
Google may Suspend or modify the Google-Managed
MCS as set forth in this Section, the
Google-Managed MCS are not subject to the sections
of the Agreement covering discontinuance and
backwards-incompatible changes.

*c. Data Processing*. Processing of data by
the Google-Managed MCS is subject to the terms of
the Data Processing and Security Terms, as
supplemented and amended by the Google-Managed
Multi-Cloud Services Data Processing and Security
Terms Addendum.  "Google-Managed Multi-Cloud
Services Data Processing and Security Terms
Addendum" means the terms stated at
https://cloud.google.com/terms/mcs-data-processing-terms.

d.*** Limitation of Liability*****. ****Notwithstanding anything to the contrary in the Agreement (except subject to any unlimited liabilities expressly stated in the Agreement), to the maximum extent permitted by law, each party’s total aggregate Liability for damages arising out of or relating to the ****Google-Managed**
**MCS is limited to the greater of (1) the Fees Customer paid for the Google-Managed MCS during the 12-month period before the event giving rise to liability and (2) $25,000****. **

****e.
***Disclaimers*****. Notwithstanding anything to the contrary in the Agreement, the Google-Managed**
**MCS (i) are not covered by any SLA covering Google Cloud Platform Services, unless specifically identified under the terms of the SLA, (ii) are not subject to any obligations for Google to provide termination or transition assistance or other technical assistance after Suspension or termination, (iii) are not subject to any business continuity or disaster recovery commitments, and (iv) are not Audited Services, unless specifically identified at the Audited Services URL as listed in Section 2.1 (Definitions) of the DPST.**

f.* Survival*.
The following subsections of these Google-Managed
Multi-Cloud Service Specific Terms will survive
expiration or termination of the Agreement: d
(Limitation of Liability); e (Disclaimer); and f
(Survival).

7.
**Benchmarking.** Customer may
conduct benchmark tests of the Services (each a
"Test"). Customer may only publicly disclose the
results of such Tests if it (a) obtains Google's
prior written consent, (b) provides Google all
necessary information to replicate the Tests, and
(c) allows Google to conduct benchmark tests of
Customer's publicly available products or services
and publicly disclose the results of such tests.
Notwithstanding the foregoing, Customer may not do
either of the following on behalf of a hyperscale
public cloud provider without Google's prior
written consent: (i) conduct (directly or through
a third party) any Test of the Services or (ii)
disclose the results of any such Test.

8.**
Trials.** Certain Services may be
made available to Customer on a trial basis. The
parameters of each trial, including any Scope of
Use, may be presented to Customer either through
the Fees URL, Admin Console, Documentation, email,
or as otherwise communicated by Google. Use of a
trial indicates Customer’s acceptance of any such
parameters.

9.** User
Experience Research.** If Customer
enrolls in the Google Cloud User Experience
Research Program for Google Cloud Platform,
Customer’s participation will be subject to the
Google Cloud User Experience Research Panel
Addendum available
at https://cloud.google.com/terms/user-experience-research or
a successor URL.

10.**
PGSSI-S.** Customer will comply with
France's General Security Policy for Health
Information Systems (PGSSI-S) to the extent
applicable.

11.
**Additional Definitions.**

“*Cloud Locations
Page*”
means https://cloud.google.com/about/locations/.

“*Documentation*” means the then-current
Google documentation made available by Google to
its customers for use with the Services
at https://cloud.google.com/docs/.

“*Fees URL*”
means https://cloud.google.com/skus.

“*Multi-Region*” means a defined set of
Regions.

“*Region*”
means a region from which a particular Service is
offered, as identified at the Cloud Locations
Page.

“*Scope of
Use*” means any limits on installation or
usage of Services or Software described at the
Fees URL, Admin Console, order form, or otherwise
presented by Google.

Service Terms

The following terms apply only to the Service(s)
indicated in the section title.

**Compute**

1. **Compute
Engine.**

a. *Additional
Security*. If Customer requires greater than
eight static IP addresses, Google may file a SWIP
report with the American Registry for Internet
Numbers (ARIN). Google may log DNS lookups, as
well as source and destination IP addresses, for
security purposes.

b. *Sustained
Usage Discounting*. Any credits provided to
Customer in connection with sustained usage
discounting have no cash value and can only be
applied to offset future Compute Engine Fees. Upon
termination or expiration of the Agreement, such
credits will expire.

c. *Google Cloud
Marketplace*. If Customer uses Compute
Engine tools or APIs to deploy or otherwise use
any software or services from Google Cloud
Marketplace (or Google Cloud Launcher), then
Customer’s related deployment or use will be
subject to
the Google Cloud Marketplace Terms of Service.

d. *Sole-Tenant
Nodes*. Customer may select that Google
provide the Compute Engine Service on physical
Google host hardware dedicated to a single
Project. While no other Google customer virtual
machine instance will share that host hardware
with Customer’s virtual machine instances, Compute
Engine’s virtualization software will reside on
that host hardware and continue to manage
Customer’s virtual machine instances on that host
hardware.

2. **Compute
Engine, Google Kubernetes Engine, and Container
Registry Service - Docker Hub.** If
Customer or a Customer End User requests
container(s) from the Docker Hub for its Project
or Customer Application, Customer instructs Google
to cache a copy of such container in the Container
Registry for future use.

3. **App
Engine - Data Location.** Customer
may configure App Engine to store Customer Data in
the United States or European Union, and Google
will store that Customer Data at rest only in that
location. The Service does not limit the locations
from which Customer or Customer End Users may
access Customer Data or to which they may move
Customer Data. For clarity, Customer Data does not
include resource identifiers, attributes, or other
data labels.

4. **Google
Cloud VMware Engine (GCVE).**

a. *Customer
Security Obligations*. Google may not have
access to Customer's VMware environment. As such,
(i) Customer acknowledges that, notwithstanding
Section 7.1.1 (Google's Security Measures) of the
Data Processing and Security Terms, Google may not
be able to encrypt personal data in Customer's
VMware environment and (ii) Customer will enable
vSAN encryption and take other appropriate
measures to protect and maintain the security of
Customer Data stored on or processed through GCVE.

b. *Customer
Responsibilities*. Customer is solely
responsible for obtaining and maintaining all
licenses, rights, consents, and permissions that
are required for Customer's use of any Operating
Systems, software, applications, or other content
that Customer uploads to or uses in connection
with GCVE. For the purposes of this Section,
"Operating System" means any operating system that
(i) Customer uploads to, hosts on, or uses in
connection with GCVE, or (ii) Customer instructs
Google to pre-load onto GCVE servers.

5. **BigQuery.**

a.** ODBC/JDBC Drivers. **The ODBC and JDBC
drivers for BigQuery (as
described here)
are “Software” as defined in the Agreement and any
use of them is subject to the “General Software
Terms” above. These drivers may only be used with
BigQuery and may not be used with any other
product or service.

b.
**Analytics Hub (PREVIEW)**

(i)
*Introduction*. Analytics Hub is a feature of
BigQuery that helps users find and share sets of
Customer Data (“Datasets”). Datasets are organized
into shared repositories (“Exchanges”) with each
Dataset’s listings containing (as applicable) a
description, documentation, branding, metadata or
similar materials (“Listing Materials”).

(ii) *Roles*.
Customer can serve different roles in Analytics
Hub:

A.
“*Publishers*” create and submit Datasets for
listing within Exchanges.

B.
“*Subscribers*” request access to Datasets
listed in Exchanges for their own use in BigQuery.

C.
“*Exchange Administrators*” (1) create and
administer Exchanges, (2) add or remove Listing
Materials in Exchanges, (3) control visibility of
Exchanges and Listing Materials, and (4) on behalf
of the relevant Publisher, enable or reject
Subscriber requests to access Datasets.

(iii)
*Publishers*. Publishers can serve as their
own Exchange Administrators or submit Datasets to
Exchanges operated by third-party Exchange
Administrators. In the latter case, the Publisher
submits its Dataset to the Exchange Administrator
and must follow any enrollment steps specified by
the Exchange Administrator for its Exchange.

(iv)* Exchange Administrators*. When acting
as an Exchange Administrator, Customer must:

A. Secure and
maintain all necessary rights, consents and
permissions (including from any third-party
Publishers) to list, share or take other action
with respect to the Datasets or Listing Materials;
and

B. Handle takedown
requests, data subject requests, notices of
infringement, and any other notices or requests it
receives regarding its Exchange or related Listing
Materials or Datasets.

For clarity, Listing
Materials are considered Customer Data of the
applicable Exchange Administrator.

(v)
*Separate Relationships*.

A. Google is not
responsible for and will have no liability to
Customer in relation to any terms or relationships
between Customer and any third party acting as a
Publisher, Subscriber, or Exchange Administrator.
If Customer offers any commitments to any third
such party beyond the commitments that Google has
made to Customer in the Agreement (including in
these Service Specific Terms), Google will not be
liable for such commitments.

B. Publishers and
Exchange Administrators must ensure that any terms
they have with Subscribers do not contradict these
Service Specific Terms or the Agreement.

C. If a
Publisher or Exchange Administrator charges fees
for access to Datasets, it is solely responsible
for (1) collecting the fees independently of
Google and Analytics Hub and (2) any related
refunds or liabilities to Subscribers.

D. Google does
not guarantee continued availability of any
Datasets, and gives no warranty, indemnification
or other obligation, and accepts no liability or
responsibility, with respect to Datasets or their
use.

**Storage **

6.** Cloud
Storage - Bucket Lock. **Customer will
comply with applicable laws and regulations with
respect to the retention of Bucket Lock Customer
Data, including determining and applying the
appropriate retention and hold periods and, if
applicable, promptly furnishing any Bucket Lock
Customer Data in a usable format. Customer is also
responsible for keeping its Account in good
standing during any retention and hold period.
Upon deletion of a Project or Account, or
termination of the Agreement, Google may delete
the applicable Bucket Lock Customer Data.

a.
*Definitions*.

“*Bucket
Lock*” means the feature of Cloud Storage
that allows Customer to set and lock a retention
or hold period applicable to Customer Data in a
Cloud Storage bucket.

“*Bucket Lock
Customer Data*” means Customer Data stored
in Cloud Storage with Bucket Lock activated.

**Networking**

7.** Cloud
Interconnect - Partner Interconnect.**
Customer will independently engage a network
service provider (“Cloud Interconnect Partner”)
who has agreed with Google to supply connectivity
between Customer and Google under Google’s partner
terms for Partner Interconnect. Customer is
responsible for any charges for connectivity by
the Cloud Interconnect Partner. Google is not
responsible for any aspects of Partner
Interconnect provided by the Cloud Interconnect
Partner or any issues arising outside of Google’s
network.

8. **Cloud
Intrusion Detection System (Cloud IDS).
**Notwithstanding anything to the contrary
in the “Benchmarking” section of the General
Service Terms of these Service Specific Terms,
Customer will not, and will not allow End Users
to, disclose, publish, or otherwise make
publicly-available any benchmark, or performance
or comparison tests that are run on Cloud IDS and
that are conducted by Customer or an End User (or
a third party authorized by Customer or an End
User).

9. **Google
Cloud Armor - Managed Protection Plus**

a.
*Generally*. If a Project enrolled in
Managed Protection Plus experiences a third-party
denial of service attack on a protected endpoint
(“Qualified Attack”) and the conditions below are
met, Google will provide a credit equivalent to
the Covered Fees, provided that the Covered Fees
incurred exceed the Minimum Threshold. Load tests
and security assessments performed by or on behalf
of Customer are not Qualified Attacks.

b.
*Conditions*. Customer must submit a
request to Cloud Billing Support within 30 days
after the end of the Qualified Attack. The request
must include evidence of the Qualified Attack,
such as logs or other telemetry indicating the
timing of the attack and the Projects and
resources that were attacked, and an estimate of
the Covered Fees incurred. Google will reasonably
determine whether credits are due and the
appropriate amount.

c. *Credits*.
Any credits provided to Customer in connection
with this Section have no cash value and can only
be applied to offset future Fees for the Services.
These credits will expire 12 months after being
issued or upon termination or expiration of the
Agreement.

d.
*Definitions*.

“*Covered
Fees*” means any Fees incurred by Customer
as a direct result of the Qualified Attack for:

  i. ingress
data processing for the Google Cloud Load Balancer
Service;

 ii. Managed
Protection Plus data processing for the Google
Cloud Armor Service; and

iii. network egress,
including inter-region, inter-zone, internet, and
carrier peering egress.

“*Minimum
Threshold*” means the minimum amount of
Covered Fees that are eligible to be credited
under this Section as determined by Google from
time to time and disclosed to Customer on request.

10. **Network Connectivity Center
(NCC). **Notwithstanding any
telecommunications restrictions in the Agreement,
in Australia, India, Japan, the United Kingdom,
and the United States only, Customer may use NCC
for telecommunications connectivity.

**AI and Machine Learning**

11. **AI
Building Blocks**. Customer will not
(either directly or intentionally via third
parties) use these Services to create, train, or
improve (directly or indirectly) a similar or
competing product or service to the specific
Service being used by Customer (and specifically
covered by this section). In addition to any other
available remedies, Google may immediately suspend
or terminate Customer's use of these Services
based on any suspected violation of these terms,
and violation of these terms is deemed violation
of Google's Intellectual Property Rights. Customer
will provide Google with any assistance Google
requests to reasonably confirm compliance with
these terms. In addition to this section applying
to the AI Building Blocks, this section will also
apply to any functionality relating to
AutoML-related or Optimization AI that is
accessible in Vertex AI. These terms will survive
termination or expiration of the Agreement.

12.** AI
Platform Training and Prediction
(AITP).** Customer owns the model
weights that Customer trains in AITP and can
export such model weights in the supported output
of the AITP supported machine learning library
Customer used to train them (e.g., TensorFlow,
XGBoost, scikit-learn, PyTorch).

13.** Celebrity
Recognition (via functionality of Cloud Vision
and Video Intelligence API). **Customer
will only use Celebrity Recognition functionality
(i) with professionally filmed media content that
Customer owns or has adequate consent to use with
the functionality under applicable law and (ii) on
individuals whose primary profession involves
voluntarily being the subject of public media
attention (“Celebrities”). Customer will not use
this functionality for any surveillance–based
purpose or on individuals who are not Celebrities.

14. **AutoML
Tables.** Customer can export a
frozen model graph and related features via the
formats supported by AutoML Tables. No license to
retrain or reverse engineer such model graph is
granted or implied to Customer.

15. **AutoML
Video Edge.** Customer can download
a frozen model graph and TFlite model and any
related Customer-provided video labels via the
formats supported by AutoML Video. No license to
retrain or reverse engineer such model graph or
the TFLite model is granted or implied to
Customer.

16. **AutoML
Vision Edge.** Customer can download
a frozen model graph and any related Customer
provided image labels via the formats supported by
AutoML Vision. No license to retrain or reverse
engineer such model graph is granted or implied to
Customer.

17.** Talent
Solution.** Customer will not
(either directly or intentionally via third
parties) use the Service to create, train, or
improve (directly or indirectly) a similar or
competing product or service without Google's
prior written permission. Customer agrees to
adhere to the service limits (e.g.,
"queries-per-second") as defined within the
Documentation.

18.
**Retail Search.******

a. Customer will not
(either directly or intentionally via third
parties) use Retail Search or any results provided
by Retail Search to create, train, or improve
(directly or indirectly) a similar or competing
product or service to Retail Search. In addition
to any other available remedies, Google may
immediately suspend or terminate Customer's use of
Retail Search based on any suspected violation of
these terms, and violation of these terms is
deemed violation of Google's Intellectual Property
Rights. Customer will provide Google with any
assistance Google requests to reasonably confirm
compliance with these terms.

b. When Customer is
providing query results as part of a Customer
Application to other businesses to present to
their respective end users, Customer may not cache
such results.

c. If Customer
provides results for any query in a different
order than the ranked order returned by Retail
Search (“Alternative Ranking”), then Google will
not provide any support (including TSS) in
relation to this Alternative Ranking.

d. If Customer has
rights under the Agreement or any other agreement
to use Google Brand Features in connection with
Retail Search, then Customer forfeits all such
rights if Customer provides an Alternative Ranking
for any query.

19.** AI/ML
Data Location.** Customer may
configure the Services listed
at https://cloud.google.com/terms/data-residency
to store and perform machine learning processing
of Customer Data by the Service in a specific
Multi-Region, and Google will store the Customer
Data at rest and perform machine learning
processing of it by the Service only in that
Multi-Region. For clarity, Customer Data does not
include resource identifiers, attributes, or other
data labels. These Services do not limit the
locations from which Customer, Customer End Users,
or Customer-selected or Google managed labeling
resources may access Customer Data, or to which
they may move Customer Data.

20. **Cloud
Translation (v1, v2, or later) and Media
Translation API.**

a. *HTML Markup
and Attribution
Requirements**.*** Customer
will comply with the HTML Markup Requirements
found
at https://cloud.google.com/translate/markup and
the attribution requirements found
at https://cloud.google.com/translate/attribution.

b.
*Limitation*. Customer will not (either
directly or intentionally via third parties) (i)
use this Service to create, train, or improve
(directly or indirectly) a similar product or
service, including any other machine translation
engine, or (ii) use or retain translated text or
any other data from this Service for the purpose
of creating, training, or improving (directly or
indirectly) a translation system, product, or
service.

**Security and Identity **

21.** Assured
Workloads.** Assured Workloads enables
Customer to apply location and Google personnel
controls in an Assured Workloads environment via
the Admin Console to support Customer’s compliance
requirements. Google will provide TSS for Assured
Workloads in accordance with such
Customer-selected controls. It is Customer's
responsibility to determine whether
Customer-selected Admin Console controls are
adequate for Customer’s purposes. Google’s data
location commitments under General Service Terms
Section 1 (Data Location) apply to Assured
Workloads. In addition, Assured Workloads provides
Customers the ability to prevent Google persons
located outside the Customer-selected Region from
accessing Customer Data in an Assured Workloads
environment. The Service does not limit the
locations from which Customer or Customer End
Users may access Customer Data or to which they
may move Customer Data.

22.** Access
Approval.** Use of Access Approval
may increase support response times, and Customer
will be responsible for any disruption or loss as
a result of Customer denying or delaying approval
via Access Approval. The SLAs do not apply to any
Service disruption impacted by Customer’s use of
Access Approval.

23.** Cloud
Identity Services.** The following
terms apply only to the Cloud Identity Services
provided under this Agreement:

a. *Customer
Domain Name*. Customer is responsible for
obtaining and maintaining any rights necessary for
use of the Customer Domain Names in connection
with the Cloud Identity Services.

b. *Administration
of the Cloud Identity Services*. Customer
may specify through the Cloud Identity Services
one or more Administrators who will have the
rights to access Admin Account(s) and to
administer the Cloud Identity Services. Customer
is responsible for all activities of the
Administrators and in connection with the Admin
Account(s).

c. *Use of Google
Workspace Components*. Customer’s use of the
Google Workspace Components are subject to any
applicable provisions of the then-current Google
Workspace Service Specific Terms at
https://workspace.google.com/intl/en/terms/service-terms/,
which provisions are incorporated by reference
into this Agreement.

d. *Additional
Products*. Google makes optional Additional
Products available to Customer and Customer End
Users through the Cloud Identity Services.
Customer’s use of Additional Products is subject
to the Additional Product Terms.

e. *Governing
agreement*. If Customer has agreements in
force governing its use of both of the Services
and Google Workspace Services, this Section 23
(Cloud Identity Services) does not apply.
Customer’s applicable agreement for Google
Workspace Services governs its use of the Cloud
Identity Services unless such agreement
terminates, then this Agreement (including this
Section 23 (Cloud Identity Services)) will govern
Customer’s continued use of the Cloud Identity
Services under the same Admin Account.

If Customer no longer
has an agreement in force governing its use of the
Services, then the then-current terms at
https://cloud.google.com/terms/identity will
apply to Customer’s continued use of the Cloud
Identity Services under the same Admin Account.

f.
*Definitions*.

“*Additional
Products*” means products, services and
applications that are not part of the Services but
that may be accessible for use in conjunction with
the Services.

“*Additional
Product Terms*” means the then-current terms
at
https://workspace.google.com/intl/en/terms/additional_services.html.

“*Admin
Account(s)*” means the administrative
account(s) provided to Customer by Google for the
purpose of administering the Cloud Identity
Services. The use of the Admin Account(s) requires
a password, which Google will provide to Customer.

“*Administrators*” mean the
Customer-designated technical personnel who
administer the Services on Customer’s behalf.

“*Customer Domain
Names*” mean the domain names owned or
controlled by Customer, which will be used in
connection with the Cloud Identity Services and
specified in the applicable order form.

“*Google
Workspace Components*” has the meaning given
in the then-current services summary for Cloud
Identity Services at
https://cloud.google.com/terms/identity/user-features.

“*Google
Workspace Services*” means the then-current
services described at
https://workspace.google.com/terms/user_features.html

24.** Security
Command Center.**

*a. Service Configuration*. Customer
acknowledges and agrees that (i) Customer must
exclude individual resources by following the
instructions described in the Documentation if
Customer doesn’t want Security Command Center to
scan Customer’s entire Organization, and (ii)
Security Command Center will not detect all
misconfigurations, vulnerabilities and threats in
Customer’s Organization.

*b. Access Control*. Customer acknowledges
and agrees that the Security Command Center
Standard dashboard only supports granting roles at
the Organization level, while Security Command
Center Premium supports granting IAM roles at the
Organization, Folder, or Project levels.
Organization-level roles are not suitable for all
use cases, particularly for sensitive applications
or compliance standards that require strict access
controls. Customer acknowledges and agrees that,
to create fine-grained access policies, Customer
must grant roles at the Folder or Project levels
by following the instructions described in the
Documentation.

*c. Active Scanners*. Customer acknowledges
and agrees that active scanners may adversely
affect the reliability of a Customer Application
and may not be suitable for use in a production
environment.

25. **Firebase
Authentication and Identity Platform.**

a. *Phone
Authentication*. Google temporarily stores
phone numbers provided for authentication to
improve spam and abuse prevention across Google
services. Phone numbers are not logically isolated
for a given customer's end users. Customer should
obtain appropriate end-user consent before using
the Firebase Authentication or Identity Platform
phone number sign-in service.

b. *Other
Authentication Services*. Use of Google
Sign-In for authentication is subject
to Google’s API Services: User Data Policy.
Google is not responsible for any third-party
sign-in service used with Firebase Authentication
or Identity Platform.

c. *reCAPTCHA
Notice Requirement*. Customer agrees to
explicitly inform Customer End Users of phone
authentication features that their use of
reCAPTCHA is subject to the
Google Privacy Policy and Terms of Use.
For users in the European Union, you and your
Application(s) must comply with
the EU User Consent Policy.
Customer acknowledges and understands that
reCAPTCHA works by collecting hardware and
software information, such as device and
application data, and sending this data to Google
for analysis. The information collected in
connection with Customer End Users' use of
reCAPTCHA will be used for improving reCAPTCHA and
for general security purposes. It will not be used
for personalized advertising by Google.

26. **Web
Security Scanner.** Customer
acknowledges that Web Security Scanner may
adversely affect the reliability of a Customer
Application and may not be suitable for use in a
production environment. Web Security Scanner will
not detect all vulnerabilities in a Customer
Application.

27. **reCAPTCHA
Enterprise.**

a.
*Information*. reCAPTCHA Enterprise works
by collecting hardware and software information,
such as device and application data, and sending
this data to Google for analysis. The information
collected in connection with Customer's use of the
reCAPTCHA Enterprise Service will be used for
providing, maintaining, and improving reCAPTCHA
Enterprise and for general security purposes. It
will not be used for personalized advertising by
Google.

b. *Privacy
Policy*. Customer will provide and adhere to
a privacy policy for its API client that clearly
and accurately describes to applicable Customer
End Users what user information Customer collects
and how Customer uses and shares such information
(including for advertising) with Google and third
parties. Customer will be responsible for
providing any necessary notices or consents for
the collection and sharing of this data with
Google. Customer and its API client(s) will comply
with
the EU User Consent Policy.

c. *Terms.*
Customer agrees to explicitly inform applicable
Customers End Users that Customer has implemented
reCAPTCHA Enterprise on its properties and that
Customer End Users' use of reCAPTCHA Enterprise is
subject to
the Privacy Policy and Terms of Use.
reCAPTCHA Enterprise may only be used to fight
spam and abuse on Customer's properties, and not
for any other purposes, such as determining credit
worthiness, employment eligibility, financial
status, or insurability of a user.

28. **Web
Risk.**

a.
*Attribution*. Customer may display a
warning about unsafe web resources for a
particular site based on verification against
Google’s list of unsafe sites, if Customer
provides attribution and conspicuous notice that
the reliability and accuracy of the protection
cannot be guaranteed using language similar to the
“Advisory Notice” subsection below.

b. *Data
Refresh*. Customer will not treat a URL from
Google’s list as an unsafe web resource, such as
by showing users a warning about the site or
blocking access to it, unless the applicable
Customer Application has received from Google
updated information (via the applicable API
method) before the expiration time provided by the
applicable API response or within 30 minutes if no
expiration time is specified.

c. *Advisory
Notice*. Google works to provide the most
accurate and up-to-date information about unsafe
web resources, but cannot guarantee that its
information is comprehensive and error-free: some
risky sites may not be identified, and some safe
sites may be identified in error.

d. *Evaluate and
Submission APIs*. The Evaluate API gives
Customer client applications the option to
evaluate the maliciousness of URLs by receiving a
score instead of a binary result. The Submission
API provides Customer with the ability to
voluntarily send to Google URLs Customer suspects
are unsafe. Google uses URLs and associated data
submitted through the Evaluate API or Submission
API (“Submitted URLs”) and corresponding scores to
provide, maintain, protect and improve Google's
products and services, including Google's list of
unsafe web resources. Google may also share
Submitted URLs with third parties, including other
Google customers and users. Submitted URLs are not
Customer Confidential Information or Customer
Data.

29.
**BeyondCorp Enterprise**

a. *Chrome Browser
Cloud Management**.*** In order
to use BeyondCorp Enterprise Threat and Data
Protection Services:

 i. Customer
agrees to the online Chrome Browser Cloud
Management License Agreement (available
at https://cloud.google.com/terms/chrome-enterprise/chrome-browser-cloud-management)
(the “CBCM Agreement”); and

ii. Customer
acknowledges and agrees that Customer must enable
"Chrome Enterprise Connectors" in the Chrome
Browser Cloud Management section of the Admin
Console.

b. *Advisory
Notice*. Google works to provide the most
accurate and up-to-date information about unsafe
web pages and malware, but cannot guarantee that
its information is comprehensive and error-free.
Some potentially risky sites and files may not be
identified, and some safe sites and files may be
identified in error.

c. *Threats*.
BeyondCorp Enterprise’s Threat and Data Protection
Services (as described
at https://cloud.google.com/terms/services)
work by aggregating threat intelligence.
BeyondCorp Enterprise analyzes (i) URLs visited by
Customer’s End Users on supported browsers and
proxies, to identify unsafe web pages and (ii)
content of files uploaded and downloaded by
Customer’s End Users to and from supported
browsers and proxies, to identify malware (such
unsafe web pages or malware, “Threats”). When
BeyondCorp Enterprise checks for Threats, the URL
or a file hash and the result of the analysis are
temporarily stored in a Google global cache for
performance-related purposes. Customer
acknowledges and agrees that Customer URLs and
file hashes that BeyondCorp Enterprise identifies
as Threats are not Customer Confidential
Information or Customer Data and Google may use
such URLs and file hashes to provide, maintain,
protect and improve Google's products and
services, including Google's lists of Threats.

30.
**Certificate Manager.** Customer
authorizes Google Cloud to apply for and obtain
publicly trusted SSL/TLS certificates from
third-party or Google-managed certificate
authorities for domains operated and controlled by
Customer (“Customer Domains”) pursuant to the
CA/Browser Forum Baseline Requirements or any
applicable successor requirements
(“Requirements”). Customer represents and warrants
that it operates and controls the Customer Domains
and will revoke the authorization from Google when
Customer ceases to operate and control a Customer
Domain. Google may revoke a certificate as
required by the Requirements or for failure to
comply with the AUP.

**Migration**

31. **Transfer
Appliance Service.** In performing
the Transfer Appliance Service, Google will
attempt to provide Customer with the requested
Transfer Appliance model, subject to availability.
Google will provide technical support for the
Transfer Appliance Service only as described in
the Documentation. Google may use Subprocessors
(as defined in the Data Processing and Security
Terms) in providing the Transfer Appliance
Service. The Transfer Appliance Materials are at
all times owned by Google, with no transfer of
title to Customer.

In case of
cross-border shipments of Transfer Appliance
Materials, Customer may be responsible for export
clearance, Google may designate a carrier to act
as Customer's agent with the relevant customs and
tax authorities to import or export the Transfer
Appliance Materials, and Customer will cooperate
with Google and its carrier, including providing
export classification information and acting as
the importer or exporter of record.

While Transfer
Appliance Materials are in its control, Customer
is responsible for any loss or damage and will use
appropriate security measures to protect them.
Customer will not permit any Transfer Appliance
Materials to leave the U.S. state or non-U.S.
country to which they were shipped (except as
directed in writing by Google or its
Subprocessors).

As part of the
Transfer Appliance Service, Google may temporarily
move the applicable Customer Data to a staging
bucket within a Google-owned project accessible to
Customer and shortly after delete such Customer
Data from the Transfer Appliance Materials.
Completion of Customer's decompression and
decryption of such Customer Data (or failure to do
so within a reasonable number of days specified by
Google) will constitute an instruction to Google
to delete the applicable Customer Data from the
staging bucket. Customer is solely responsible,
under its own Project, for any virtual machine
instance and destination buckets in which Customer
desires to decompress and decrypt the applicable
Customer Data.

Proper functioning of
the Transfer Appliance Service is highly dependent
on Customer's computing environment. Customer's
sole remedy in connection with any unsuccessful
attempt to complete the Transfer Appliance Service
is for Google to use reasonable efforts to
re-perform the Transfer Appliance Service.

“*Transfer
Appliance Materials*” means the materials
provided by Google or its Subprocessors in
connection with the Transfer Appliance Service,
including hardware and software.

**Bare Metal**

32. **Bare
Metal Solution**

a. *Admin
Console*. The Admin Console will not be
available to Customer for management, monitoring,
or administration of Bare Metal Solution.

b. *Data
Processing and Security Terms*. Bare Metal
Solution provides non-virtualized access to
underlying infrastructure resources and, by
design, has characteristics different from the
other Services offered under the Agreement.

 i.
*Amendments*. The Data Processing and
Security Terms are amended solely with respect to
Bare Metal Solution as stated in this subsection
b.

 A.
*Google's Third Party Auditor*. The
definition of "Google's Third Party Auditor" is
amended as follows: "Google's Third Party Auditor
means a qualified and independent third party
auditor appointed by Google or a Bare Metal
Solution Subprocessor, whose then-current identity
Google will disclose to Customer upon request."

 B. *Audited
Services*. Bare Metal Solution is not an
Audited Service. With respect to Bare Metal
Solution, Google or its Subprocessor will: (1)
obtain (x) ISO 27001 certification and PCI DSS
Attestation of Compliance (the "Compliance
Certifications"); and (y) a SOC 1 Report and SOC 2
Report (the "SOC Reports") and update such
Compliance Certifications and SOC Reports at least
once every 12 months, and (2) provide the
Compliance Certifications and SOC Reports to
Customer in accordance with Section 7.5.3
(Additional Business Terms for Reviews and Audits)
of the Data Processing and Security Terms. Google
may add standards at any time. Google may replace
a Compliance Certification or SOC Report with an
equivalent or enhanced alternative.

 ii.
*Subprocessors*. Customer specifically
authorizes Google to engage the entities listed at
the Bare Metal Solution Subprocessors Page as of
the Services Start Date ("Bare Metal Solution
Subprocessors") as Subprocessors for Bare Metal
Solution. Information about the Bare Metal
Solution Subprocessors, including their functions
and locations, is available at the Bare Metal
Solution Subprocessors Page (as may be updated by
Google from time to time in accordance with the
Data Processing and Security Terms).

iii.
*Inapplicable Terms*. The following terms
in the Data Processing and Security Terms (or
similar successor terms) are excluded with respect
to Bare Metal Solution:

 A. From
Section 7.1.1 (Google's Security Measures): the
phrase "encrypt personal data";

 B. The
subsections from Appendix 2 Section 1(a), titled
"Server Operating Systems" and "Business
Continuity";

 C. The
subsections from Appendix 2 Section 1(b), titled
"External Attack Surface," "Intrusion Detection,"
and "Encryption Technologies"; and

 D. From
Appendix 2 Section 3(a): the sentences "Google
stores data in a multi-tenant environment on
Google-owned servers. Subject to any Customer
instructions to the contrary (for example, in the
form of a data location selection), Google
replicates Customer Data between multiple
geographically dispersed data centers."; or, if
the Agreement authorizes the resale or supply of
Google Cloud Platform under a Google Cloud partner
or reseller program, the sentences "Google stores
data in a multi-tenant environment on Google-owned
servers. Subject to any Partner instructions to
the contrary (for example, in the form of a data
location selection), Google replicates Partner
Data between multiple geographically dispersed
data centers."

 iv. *Other
Amendments*. Other than this Section b, no
terms in the Agreement that expressly amend,
modify, or supplement the Data Processing and
Security Terms (as then-currently available
at https://cloud.google.com/terms/data-processing-terms or,
for partners,
at https://cloud.google.com/terms/data-processing-terms/partner)
will apply to Bare Metal Solution.

 v.
*Customer Obligations*. Without limiting
Google's express obligations related to Bare Metal
Solution, Customer will take reasonable steps to
protect and maintain the security of Customer Data
and any other content stored on or processed
through Bare Metal Solution.

c. *Representation
and Warranty*. Customer represents and
warrants that it has all licenses, rights,
consents, and permissions that are required for
Customer's and any End User's use of any Operating
Systems, software, applications, and any other
content that Customer or any End User uploads to
or uses in connection with Bare Metal Solution.

d.
***Limitation of Liability*.
Notwithstanding anything to the contrary in the
Agreement (except subject to any unlimited
liabilities expressly stated in the Agreement),
to the maximum extent permitted by law, each
party’s total aggregate Liability for damages
arising out of or relating to Bare Metal
Solution is limited to the greater of (a) the
Fees Customer paid for Bare Metal Solution
during the 12 month period before the event
giving rise to liability and (b)
$25,000.******

e.
***Disclaimer*. Notwithstanding
anything to the contrary in the Agreement
(including the Data Processing and Security
Terms), Google and its subcontractors are not
responsible for any of the following in relation
to Bare Metal Solution: (i) non-physical
security, such as access controls, encryption,
firewalls, antivirus protection, threat
detection, and security scanning; (ii) logging
and monitoring; (iii) non-hardware maintenance
or support; (iv) data backup, including any
redundancy or high-availability configuration;
or (v) business continuity and disaster recovery
policies or procedures. Customer is solely
responsible for securing (other than physical
security of Bare Metal Solution servers),
logging and monitoring, maintaining and
supporting, and backing up any Operating
Systems, Customer Data, software, and
applications Customer uses with, uploads to, or
hosts on Bare Metal Solution.**

f. *Survival*.
The following subsections of these Bare Metal
Solution Service Specific Terms will survive
expiration or termination of the Agreement: d
(Limitation of Liability); e (Disclaimer); f
(Survival); and i (Definitions).

g. *Ordering*.
Except for Bare Metal POCs (as defined below),
Customer must order Bare Metal Solution via an
order form mutually executed by Customer and
Google.

h. *Bare Metal
Solution Proof of Concepts*. The following
additional terms apply to Bare Metal Solution
proof of concepts and trials ("Bare Metal Solution
POCs"):

 i. Bare Metal
Solution POCs are deemed "Pre-GA Offerings" and
are subject to the Pre-GA Offerings Terms in the
General Services Terms of these Service Specific
Terms.

ii. Customer may not
use Bare Metal Solution POCs in connection with
any production workloads.

i.
*Definitions*.

“*Bare Metal
Solution Subprocessors **Page*” means
the URL located
at: https://cloud.google.com/bare-metal/subprocessors.

“*Operating
Systems*” means any operating systems that:
(i) Customer uploads to, hosts on, or uses in
connection with Bare Metal Solution; or (ii)
Customer instructs Google to pre-load onto Bare
Metal Solution servers.

“*Services Start
Date*” means the start date stated in the
order form, or if no date is specified, the date
Google first makes Bare Metal Solution available
to Customer.** **

33.** Transcoder API. **Customer represents and
warrants that it has all licenses, rights,
consents, and permissions that are required to
transcode, decode, and encode its content in the
applicable format in connection with Transcoder
API.

34.
**Healthcare Data Engine (HDE).**

*a. Solution Requirements*. Customer will
comply with the solution requirements as outlined
in the Documentation.

*b. Compliance*.
HDE may transmit to Google metering information
from aggregated Customer Data for billing and
compliance verification purposes. Customer will
not disable or interfere with the transmission of
such information, including through modifications
to the solution configurations, as specified in
the Documentation.

*c. Deletion*.
If the Agreement or Customer’s subscription to HDE
terminates or expires, then Customer will stop
using HDE and delete all HDE deployment code, HDE
starter maps, and HDE docker images from
Customer’s Account. Customer may retain mapping
and reconciliation configurations created by the
Customer.

35.** ****Google Distributed Cloud Edge**

a. *Equipment*.
Google will make the hardware equipment identified
in the Google Distributed Cloud Edge
(“**GDCE**”) Order Form available to
Customer (“**Equipment**”) to be
hosted in facilities owned, operated by or
licensed to the Customer identified in the Order
Form (the “**Customer Location**”). Customer
will be liable for any loss of or damage to the
Equipment while in Customer’s possession.

b.
*Installation Support*. Google will be
responsible for installation of the Equipment at
the Customer Location. Google may provide
additional installation support on-site or via
remote assistance. Each party will provide
qualified personnel on-site at the Customer
Location as required to assist throughout the
Equipment installation process. Customer may not
use, install or otherwise access the Equipment
prior to installation.

c. *Maintenance and Repairs*. Google
will be responsible for any maintenance or repairs
to the Equipment. Customer agrees to provide a
named Customer representative on-site during
repairs and reasonably cooperate with Google upon
request on any maintenance or troubleshooting
activities related to the Equipment. Google may
repair or replace defective Equipment at its sole
discretion. Google engineers have SSH access to
the Equipment in order to remotely monitor and
maintain the GDCE Services.

d.
*Onsite Requirements*.

i. In the event
Google needs to access the Customer Location,
Customer will: (a) provide Google authorized
personnel with prompt and reasonable access to the
extent necessary to perform installation,
maintenance, or any other activities requiring
Google authorized personnel to access the Customer
Location; and (b) follow any written instructions
provided by Google during the Equipment
installation process.

ii. Google
authorized personnel will comply with Customer’s
reasonable onsite policies and procedures
communicated in writing by Customer prior to the
commencement of the Equipment installation
process; and (b) provide written instructions to
Customer during the installation process detailing
any installation procedures and activities for
Customer to perform.

iii. These terms
supersede and replace any terms, conditions, or
agreements (“**Onsite Terms**”) that Google
authorized personnel may be required to accept,
sign, or consent to as part of Customer’s standard
onsite access procedures and none of those Onsite
Terms will apply to Google or Google personnel.
Google personnel may include third party
subcontractors.

e.
*Technical Support Services*. Google will
provide remote technical support services to
Customer, which may include (as determined by
Google) software updates made available to the
Equipment.

f.
*Customer Location Assessment*. Customer is
solely responsible for ensuring that the Customer
Location is suitable in all respects to support
the installation and maintenance of the Equipment
in accordance with the GDCE Installation
Requirements.

*g. Additional Equipment Use Terms*.
Customer’s use of the Equipment is subject to the
following additional terms:

i. *Prohibitions*. Customer may not: (1)
sublicense, loan, sell, rent, or lease the
Equipment or any portion thereof; (2) intercept,
capture, or modify the contents of any data, other
than Customer Data, transmitted between the
Equipment and the Google Cloud network; (3) pledge
or grant a security interest in the Equipment, or
dismantle, export, move, or otherwise re-locate
Equipment other than as expressly approved by
Google in writing, or (4) photograph, video
record, capture screenshots, or create an image of
the Equipment, in whole or in part, in any format.
Customer will not have the capability or right to
modify, replace, or interfere with any software
installed on the Equipment.

ii. *Equipment Ownership*. All ownership
rights and title in and to the Equipment remain
with Google, or its licensors. Customer
acknowledges that as between Customer and Google,
Customer has no ownership rights in the Equipment
or any part of the Equipment and notwithstanding
any other term of the Agreement, Google retains
exclusive ownership and control of the Equipment.

h.
*Amendments to the Agreement*. GDCE Services
are not deployed at a Google data center and, by
design, have characteristics different from the
other services offered under the Agreement. As a
result, the following terms apply:

i.
*Inapplicable Provisions*. Any Google
commitments in the Agreement (including the Data
Processing and Security Terms (“**DPST**”)) or
associated security documentation (including
whitepapers) that depend on Google’s operation of
a Google data center do not apply to GDCE
Services.

ii. *Other Amendments*. Other than this
subsection (h), no terms in the Agreement that
expressly amend, modify, or supplement the DPST
(as then-currently available at
https://cloud.google.com/terms/data-processing-terms
or, for partners, at
https://cloud.google.com/terms/data-processing-terms/partner)
will apply to GDCE Services.

iii. *Audits*.
GDCE Services are not Audited Services under the
DPST, and are not covered by the Security
Documentation or subject to the “Reviews and
Audits of Compliance” Section of the DPST.

iv. *DPST*
*Amendments*. The DPST is amended as follows,
solely with respect to GDCE Services:

A. References to
“Google’s systems” in Sections 6.1 and 7.1.1 will
be replaced with “the Equipment”.

B. Section 6.2 is
deleted in its entirety and replaced with the
following:

“6.2
*Return or Deletion at the end of the Term*.
Customer instructs Google to delete all remaining
Customer Data (including existing copies) from the
Equipment at the end of the Term in accordance
with applicable law. If Customer wishes to retain
any Customer Data after the end of the Term, it
may export or make copies of such data prior to
the end of the Term. Google will comply with the
Instruction in this Section 6.2 as soon as
reasonably practicable and within a maximum period
of 180 days, unless European Law requires
storage.”

C. The following
line is added to the end of Section 10.1 (Data
Storage and Processing Facilities): “or where the
Customer Location is located.”

v.
*Security Measures*. Except as specified in
Section 2 (Personnel Security) and Section 3
(Subprocessor Security) of the following Appendix
3, solely with respect to GDCE Services (A) the
following Appendix 3 replaces in its entirety the
Appendix 2: Security Measures of the Data
Processing and Security Terms, and (B) any
references in the Agreement to “Security Measures”
will refer to Appendix 3 below.

**Appendix 3: Google Distributed Cloud Edge Security Measures**

As from the Terms
Effective Date, solely with respect to GDCE
Services, Google will implement and maintain the
Security Measures described in this Appendix 3.

**1. Local Machines and Network Security**

**Local Machines. **Customer Data is solely
stored on the Equipment to be deployed in a
Customer Location.

**Server
Operating Systems.** Google servers use a
Linux based implementation customized for the
application environment. Google employs a code
review process to increase the security of the
code used to provide the GDCE Services and enhance
the security products in GDCE production
environments.

**Encryption
Technologies.** Google makes HTTPS
encryption (also referred to as SSL or TLS
connection) available and allows for encryption of
data in transit. Google servers support ephemeral
elliptic curve Diffie-Hellman cryptographic key
exchange signed with RSA and ECDSA. These perfect
forward secrecy (PFS) methods help protect traffic
and minimize the impact of a compromised key, or a
cryptographic breakthrough. Google also makes
encryption of data at rest available, using at
least AES128 or similar.  GDCE Services have
a CMEK integration; more information can be found
here:
https://cloud.google.com/kms/docs/cmek.

**Connection to
Cloud VPN**. Google allows Customer to
enable and configure a strong, encrypted
interconnection between the Equipment and
Customer's Virtual Private Cloud using Cloud VPN
through an IPSEC VPN connection.

**Bound
Storage.** Customer's data storage is
bound to the server. Should a disk be stolen or
copied at rest, the contents of such disk will be
unrecoverable outside of the server.

**2.** **Personnel Security**

Section 4 of Appendix
2 (Security Measures) continues to apply.

**3.** **Subprocessor Security**

Section 5 of Appendix
2 (Security Measures) continues to
apply.

****i.
*Customer Obligations*. Without limiting
Google's express obligations related to GDCE
Services, Customer will take reasonable steps to
protect and maintain the security of Customer Data
and any other content stored on or processed
through GDCE Services.

j. *Cooperation*. Customer will provide
reasonable and timely cooperation in connection
with Google’s provision of the GDCE Services
(including compliance with the GDCE Installation
Requirements). Google will not be liable for a
delay caused by Customer’s failure to provide
Google with information, consents, or access to
Customer facilities, networks, or systems required
for Google to provide the GDCE Services.

**k. *****Disclaimer*****. Google and its subcontractors are not responsible for any of the following in relation to GDCE Services: (i) data backup, including any redundancy or high-availability configuration; or (ii) business continuity and disaster recovery policies or procedures.**

l. *Return of Equipment*. Upon
termination or expiration of the Term, Customer
will: (i) immediately stop using the Equipment;
and (ii) cooperate with Google (or Google’s
designated subcontractor) in any necessary
wind-down activities, including making a named
Customer representative available at Customer
Location and, if applicable, making the Equipment
available in its original condition (reasonable
wear and tear excepted) for Google’s designated
courier to collect within thirty (30) days of the
effective date of termination or expiration
(“**Return Date**”). If Customer fails to abide
by the preceding sentence, Google will have the
right to: (A) charge Customer and Customer will
pay the fair market value of the Equipment; or (B)
recover and take possession of such Equipment, and
for this purpose may, upon at least 30 days’
written notice, enter the Customer Location during
normal working hours to remove the Equipment.

m. *Survival*.
The following subsections of these GDCE Service
Specific Terms will survive expiration or
termination of the Agreement: (k) Disclaimer; (l)
Return of Equipment, (m) Survival; and (p)
Definitions.

n. *Ordering*. Except for GDCE proofs of
concept and trials, Customer must order GDCE
Services via an order form mutually executed by
Customer and Google.

o. *GDCE Proof of Concepts*. GDCE proof
of concepts and trials are "Pre-GA Offerings"
subject to the Pre-GA Offerings Terms in the
General Services Terms of these Service Specific
Terms and may not be used in connection with
production workloads.

p.
*Definitions.*

**“*GDCE Services*” means the Services
described under the “Google Distributed Cloud
Edge” section at
https://cloud.google.com/terms/services.

“*GDCE Installation Requirements*” means the
terms set forth at:
https://cloud.google.com/distributed-cloud-edge/docs/requirements.

“*Google*” as
used in this section also includes Google
Affiliates.

**Additional Definitions**

“*Cloud Locations Page*”
means https://cloud.google.com/about/locations.

“*Documentation*” means the then-current
Google documentation made able by Google to its
customers for use with the Services at
https://cloud.google.com/docs/.

“*Multi-Region*” means a defined set of
Regions.

“*Organization*” and “*Folder*” have
the meanings described at
https://cloud.google.com/resource-manager/docs/cloud-platform-resource-hierarchy.

“*Region*” means a region from which a
particular Service is offered, as identified at
the Cloud Locations Page.

Third-Party Terms

1. **Disclaimer**. Google’s
suppliers will have no liability arising out of or
relating to the Agreement.

2. **Red Hat Enterprise Linux**.

Customer’s use of the
Red Hat Enterprise Linux product, provided by
Google in conjunction with Compute Engine, is
subject to the terms and conditions stated
at https://www.redhat.com/licenses/cloud_cssa/.

3. **Microsoft Products**.

Customer’s use of the
Microsoft products, which may include associated
media, printed materials, and “online” or
electronic documentation (individually and
collectively, “Microsoft Products”), provided by
Google in conjunction with Compute Engine is
subject to the terms and conditions stated
at https://cloud.google.com/terms/service-terms/microsoft.

4. **NVIDIA Drivers**.

Customer’s use of
NVIDIA software components provided by Google in
conjunction with the Services is subject to the
terms and conditions stated
at https://cloud.google.com/terms/service-terms/nvidia.
In addition, the following NVIDIA software
components may be used solely with the Services
for compute and offline graphics purposes: GRID,
Tesla Driver, Cuda Toolkit, cuDNN, TensorRT,
NVENC, NVCUVID, NVML, and nvidia-aml.

Pricing and Billing Terms

1. **Committed Units.**

a. *Selection and
Commitment*. Customer may have an option to
request Committed Units via the Services (for
example, in the Admin Console or through a Google
API) or in an Order Form. If Google accepts the
request, then notwithstanding the payment terms in
the Agreement, Customer will pay the Fees for
those Committed Units during the Committed Unit
Term selected by Customer, whether or not they are
used, as stated at the Fees URL for the applicable
SKU.

b. *Renewal*.
Unless otherwise stated in the Admin Console or
other documentation, at the end of each Committed
Unit Term, the Committed Unit selection will
automatically renew for the same Committed Unit
Term at the same quantity throughout the Term
until Customer selects in the Admin Console to
stop renewing or either party notifies the other
party in writing to cancel the renewal.

c. *Cancellation
and Expiration*. Committed Unit purchases
may not be cancelled or refunded after they are
placed, but if Google serves notice to non-renew
the Agreement, terminates the Agreement (other
than for Customer's material breach), or
discontinues providing the Services applicable to
the Committed Units, Google will refund Customer
any unused prepaid Fees following the expiration
or termination of the Agreement, or discontinuance
of the relevant Services, as applicable. Any
use of the Services after cancellation or
expiration of the Committed Units will be billed
at standard Fee rates.

d. *No Resell or
Transfer*. Unless Google agrees otherwise,
Customer may not resell or transfer Committed
Units.

2. **Subscription Offerings.**

a. *Subscription
SKUs*. Certain SKUs may be offered on a
subscription basis (each, a “Subscription
Offering”). Each Subscription Offering may be a
single Service or Software item, or a package of
two or more Services or Software items. The
details of each Subscription Offering
(“Subscription Details”) will be stated (i) at the
Fees URL or elsewhere in the Services, the Admin
Console, or Documentation, or (ii) in an Order
Form or other written agreement between Google and
Customer. The Subscription Details will include
the duration of the subscription (“Subscription
Term”), the amount of permitted usage of the
applicable Subscription Offering during the
Subscription Term (e.g., usage per month)
(“Subscription Usage”), minimum Subscription Usage
(if applicable), and the applicable pricing. If
the Subscription Offering is a package of two or
more Services or Software items, the Subscription
Details may also list the different components
packaged into the Subscription Offering. Customer
may request to purchase a Subscription Offering
via the Services (for example, in the Admin
Console or through a Google API) or in an Order
Form or other written agreement between Google and
Customer, as applicable. If Google accepts
Customer's request to purchase a Subscription
Offering, then notwithstanding the invoicing and
payment terms in the Agreement, Google will
invoice or charge Customer for the Subscription
Offering, and Customer will pay Google, during the
Subscription Term (including during any renewal
Subscription Term) as specified in the
Subscription Details. Further, unless otherwise
specified in the applicable Subscription Details,
Google reserves the right to issue additional
invoices or charges to Customer in arrears if
Customer's usage of a Subscription Offering
exceeds the Subscription Usage, with the pricing
listed at the Fees URL applying to that excess
usage, unless otherwise agreed by the parties.

b. *Renewal*. Unless (i) otherwise
specified in the Subscription Details, or (ii)
either party provides the other party with notice
of non-renewal at least 30 days before the end of
the then-current Subscription Term, at the end of
each Subscription Term, Customer's access to the
Subscription Offering will automatically renew,
with the renewal Subscription Term duration and
Subscription Usage as described in the
Subscription Details.

c.
*Cancellation*. Unless otherwise specified
in the Subscription Details, Customer may not
terminate a Subscription Offering before the end
of the Subscription Term. If a particular
Subscription Offering is indicated as terminable
in the Subscription Details, then Customer may
terminate the Subscription Offering before the
expiration of the Subscription Term, and Google
may charge a termination fee (“Termination Fee”),
as specified in the Subscription Details. Further,
Customer may be required to give extended notice
before termination of any Subscription Offering,
as specified in the Subscription Details.
Notwithstanding any term to the contrary in the
Agreement, (i) if Customer has entered into a
Google Cloud Platform Order Form under the
Agreement for the purchase of Services on an
on-demand basis, then the Subscription Term will
also terminate immediately upon termination of
such Google Cloud Platform Order Form (and
Customer will be charged the Termination Fee, if
applicable), and (ii) upon termination of the
Subscription Term, Customer may continue to use
Google Cloud Platform, and pricing for the
Service(s) or Software that are part of the
Subscription Offering will be as stated at the
Fees URL or as otherwise agreed by the parties (if
available on a non-subscription basis).

3. **Additional Definitions.**

“*Committed Units*” means (i) a specified
quantity of the Services (e.g., App Engine virtual
machine instance hours, Compute Engine virtual
machine instances or cores, BigQuery slots, etc.)
designated by Customer, which may include a
specified machine type, region, zone, query
capacity, and period of time to use; or (ii) a
specified amount of credits to be purchased for
expenditure on one or more specified Services
during a specified time period.

“*Committed Unit Term*” means the period
of time within the Term during which Customer is
obligated to pay for the Committed Units.

“*Documentation*” means the then-current
Google documentation made available by Google to
its customers for use with the Services
at https://cloud.google.com/docs.

“*Fees URL*”
means https://cloud.google.com/skus.

*“Order Form” *means an order form
executed by Customer and Google or an order placed
by Customer via a Google website, in either case
specifying the Services Google will provide to
Customer.

[[["Easy to understand","easyToUnderstand","thumb-up"],["Solved my problem","solvedMyProblem","thumb-up"],["Other","otherUp","thumb-up"]],[["Hard to understand","hardToUnderstand","thumb-down"],["Incorrect information or sample code","incorrectInformationOrSampleCode","thumb-down"],["Missing the information/samples I need","missingTheInformationSamplesINeed","thumb-down"],["Other","otherDown","thumb-down"]],[],[],[]]