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247 lines
13 KiB
Markdown
247 lines
13 KiB
Markdown
# ALPHAFOLD 3 OUTPUT TERMS OF USE
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Last Modified: 2024-11-09
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By using AlphaFold 3 Output (as defined below), without having agreed to
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[AlphaFold 3 Model Parameters Terms of Use](https://github.com/google-deepmind/alphafold3/blob/main/WEIGHTS_TERMS_OF_USE.md),
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you agree to be bound by these AlphaFold 3 Output Terms of Use between you (or
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your organization, as applicable) and Google LLC (these "**Terms**").
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If you are using Output on behalf of an organization, you confirm you are
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authorized either explicitly or implicitly to agree to, and are agreeing to,
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these Terms as an employee on behalf of, or otherwise on behalf of, your
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organization.
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If you have agreed to
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[AlphaFold 3 Model Parameters Terms of Use](https://github.com/google-deepmind/alphafold3/blob/main/WEIGHTS_TERMS_OF_USE.md),
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your use of Output are governed by those terms. **If you have not agreed to
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[AlphaFold 3 Model Parameters Terms of Use](https://github.com/google-deepmind/alphafold3/blob/main/WEIGHTS_TERMS_OF_USE.md)
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and do not agree to these Terms, do not use Output or permit any third party to
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do so on your behalf.**
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When we say "**you**", we mean the individual or organization using Output. When
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we say "**we**", "**us**" or "**Google**", we mean the entities that belong to
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the Google group of companies, which means Google LLC and its affiliates.
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## Key Definitions
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As used in these Terms:
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"**AlphaFold 3**" means the AlphaFold 3 Code and Model Parameters.
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"**AlphaFold 3 Code**" means the AlphaFold 3 source code: (a) identified at
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[public GitHub repo](https://github.com/google-deepmind/alphafold3/), or such
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other location in which we may make it available from time to time, regardless
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of the source that it was obtained from; and (b) made available by Google to
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organizations for their use in accordance with the
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[AlphaFold 3 Model Parameters Terms of Use](https://github.com/google-deepmind/alphafold3/blob/main/WEIGHTS_TERMS_OF_USE.md)
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(not these Terms) together with (i) modifications to that code, (ii) works based
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on that code, or (iii) other code or machine learning model which incorporates,
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in full or in part, that code.
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"**Model Parameters**" means the trained model weights and parameters made
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available by Google to organizations (at its sole discretion) for their use in
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accordance with the
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[AlphaFold 3 Model Parameters Terms of Use](https://github.com/google-deepmind/alphafold3/blob/main/WEIGHTS_TERMS_OF_USE.md)
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(not these Terms), together with (a) modifications to those weights and
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parameters, (b) works based on those weights and parameters, or (c) other code
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or machine learning model which incorporates, in full or in part, those weights
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and parameters.
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"**Output**" means the structure predictions and all related information
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provided by AlphaFold 3, together with any visual representations, computational
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predictions, descriptions, modifications, copies, or adaptations that are
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substantially derived from Output.
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## Use restrictions
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[AlphaFold 3](https://blog.google/technology/ai/google-deepmind-isomorphic-alphafold-3-ai-model/)
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belongs to us. Output are made available free of charge, for non-commercial use
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only, in accordance with the following use restrictions. You must not use nor
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allow others to use Output:
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1. **On behalf of a commercial organization or in connection with any
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commercial activities, including research on behalf of commercial
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organizations.**
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1. This means that only non-commercial organizations (*i.e.*, universities,
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non-profit organizations and research institutes, educational,
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journalism and government bodies) may use Output for their
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non-commercial activities. Output are not available for use by any other
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types of organization, even if conducting non-commercial work.
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2. If you are a researcher affiliated with a non-commercial organization,
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provided **you are not a commercial organisation or acting on behalf of
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a commercial organisation**, you can use Output for your non-commercial
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affiliated research.
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3. You must not share Output with any commercial organization. The only
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exception is making Output publicly available (including, indirectly, to
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commercial organizations) via a scientific publication or open source
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release or using these to support journalism, each of which are
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permitted.
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2. **To misinform, misrepresent or mislead**, including:
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1. providing false or inaccurate information in relation to your access to
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or use of Output;
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2. misrepresenting your relationship with Google - including by using
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Google’s trademarks, trade names, logos or suggesting endorsement by
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Google without Google’s permission to do so - nothing in these Terms
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grants such permission;
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3. misrepresenting the origin of Output;
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4. distributing misleading claims of expertise or capability, or engaging
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in the unauthorized or unlicensed practice of any profession,
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particularly in sensitive areas (*e.g.*, health); or
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5. making decisions in domains that affect material or individual rights or
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well-being (*e.g.*, healthcare).
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3. **To perform, promote or facilitate dangerous, illegal or malicious
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activities**, including:
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1. promoting or facilitating the sale of, or providing instructions for
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synthesizing or accessing, illegal substances, goods or services;
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2. abusing, harming, interfering, or disrupting any services, including
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generating or distributing content for deceptive or fraudulent
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activities or malware;
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3. generating or distributing any content that infringes, misappropriates,
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or otherwise violates any individual’s or entity’s rights (including,
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but not limited to rights in copyrighted content); or
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4. attempting to circumvent these Terms.
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4. **To train or create machine learning models or related technology for
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biomolecular structure prediction similar to AlphaFold 3 as made available
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by Google ("Derived Models"),** including via distillation or other
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methods**.** For the avoidance of doubt, the use restrictions set out in
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these Terms would apply in full to any Derived Models created in breach of
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these Terms.
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5. **Without providing conspicuous notice that published or distributed Output
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is provided under and subject to these Terms and of any modifications you
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make to Output.**
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1. This means if you remove, or cause to be removed (for example by using
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third-party software), these Terms, or any notice of these Terms, from
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Output, you must ensure further distribution or publication is
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accompanied by a copy of the
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[AlphaFold 3 Output Terms of Use](https://github.com/google-deepmind/alphafold3/blob/main/OUTPUT_TERMS_OF_USE.md)
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and a "*Legally Binding Terms of Use*" text file that contains the
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following notice:
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"*By using this information, you agree to AlphaFold 3 Output Terms of
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Use found at
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https://github.com/google-deepmind/alphafold3/blob/main/OUTPUT_TERMS_OF_USE.md.*
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*To request access to the AlphaFold 3 model parameters, follow the
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process set out at https://github.com/google-deepmind/alphafold3. You
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may only use these if received directly from Google. Use is subject to
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terms of use available at
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https://github.com/google-deepmind/alphafold3/blob/main/WEIGHTS_TERMS_OF_USE.md.*"
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2. You must not include any additional or different terms that conflict
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with the
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[AlphaFold 3 Output Terms of Use](https://github.com/google-deepmind/alphafold3/blob/main/OUTPUT_TERMS_OF_USE.md).
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6. **Distribute Output, or disclose findings arising from using AlphaFold 3
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without citing our paper:** [Abramson, J et al. Accurate structure
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prediction of biomolecular interactions with AlphaFold 3. *Nature*
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(2024)](https://www.nature.com/articles/s41586-024-07487-w). For the
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avoidance of doubt, this is an additional requirement to the notice
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requirements set out above.
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We grant you a non-exclusive, royalty-free, revocable, non-transferable and
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non-sublicensable (except as expressly permitted in these Terms) license to any
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intellectual property rights we have in Output to the extent necessary for these
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purposes. You agree that your right to use and share Output is subject to your
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compliance with these Terms. If you breach these Terms, Google reserves the
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right to request that you delete and cease use or sharing of Output in your
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possession or control and prohibit you from using the AlphaFold 3 Assets
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(including as made available via
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[AlphaFold Server](https://alphafoldserver.com/about)). You agree to immediately
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comply with any such request.
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## Disclaimers
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Nothing in these Terms restricts any rights that cannot be restricted under
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applicable law or limits Google’s responsibilities except as allowed by
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applicable law.
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**Output are provided on an "as is" basis, without warranties or conditions of
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any kind, either express or implied, including any warranties or conditions of
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title, non-infringement, merchantability, or fitness for a particular purpose.
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You are solely responsible for determining the appropriateness of using or
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distributing any of the Output and assume any and all risks associated with your
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use or distribution of any Output and your exercise of rights and obligations
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under these Terms. You and anyone you share Output with are solely responsible
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for these and their subsequent uses.**
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**Output are predictions with varying levels of confidence and should be
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interpreted carefully. Use discretion before relying on, publishing, downloading
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or otherwise using Output.**
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**Output are for theoretical modeling only. These are not intended, validated,
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or approved for clinical use. You should not use these for clinical purposes or
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rely on them for medical or other professional advice. Any content regarding
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those topics is provided for informational purposes only and is not a substitute
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for advice from a qualified professional.**
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## Liabilities
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To the extent allowed by applicable law, you will indemnify Google and its
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directors, officers, employees, and contractors for any third-party legal
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proceedings (including actions by government authorities) arising out of or
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relating to your unlawful use of Output or violation of these Terms. This
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indemnity covers any liability or expense arising from claims, losses, damages,
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judgments, fines, litigation costs, and legal fees, except to the extent a
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liability or expense is caused by Google's breach, negligence, or willful
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misconduct. If you are legally exempt from certain responsibilities, including
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indemnification, then those responsibilities don’t apply to you under these
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terms.
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In no circumstances will Google be responsible for any indirect, special,
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incidental, exemplary, consequential, or punitive damages, or lost profits of
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any kind, even if Google has been advised of the possibility of such damages.
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Google’s total, aggregate liability for all claims arising out of or in
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connection with these Terms or Output, including for its own negligence, is
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limited to $500.
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## Governing law and disputes
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These Terms will be governed by the laws of the State of California. The state
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or federal courts of Santa Clara County, California shall have exclusive
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jurisdiction of any dispute arising out of these Terms.
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Given the nature of scientific research, it may take some time for any breach of
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these Terms to become apparent. To the extent allowed by applicable law, any
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legal claims relating to these Terms or Output can be initiated until the later
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of (a) the cut-off date under applicable law for bringing the legal claim; or
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(b) two years from the date you or Google (as applicable) became aware, or
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should reasonably have become aware, of the facts giving rise to that claim. You
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will not argue limitation, time bar, delay, waiver or the like in an attempt to
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bar an action filed within that time period, and neither will we.
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All rights not specifically and expressly granted to you by these Terms are
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reserved to Google. No delay, act or omission by Google in exercising any right
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or remedy will be deemed a waiver of any breach of these Terms and Google
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expressly reserves any and all rights and remedies available under these Terms
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or at law or in equity or otherwise, including the remedy of injunctive relief
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against any threatened or actual breach of these Terms without the necessity of
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proving actual damages.
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## Miscellaneous
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Google may update these Terms (1) to reflect changes in how it does business,
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(2) for legal, regulatory or security reasons, or (3) to prevent abuse or harm.
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The version of these Terms that were effective on the date the relevant Output
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was generated will apply to your use of that Output.
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If it turns out that a particular provision of these Terms is not valid or
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enforceable, this will not affect any other provisions.
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