Buying new machinery

Buying new machinery 

A short guide to the law and your responsibilities 
when buying new machinery for use at work
 

Introduction :

This leaflet explains the main aspects of health and safety law you need to know about when buying new machinery. Although the laws look complicated, they can be summed up as requiring that any new machinery you buy for use at work is safe. The information in this leaflet is arranged in four sections:

■A summary of the law on new machinery
■ What you have to do in practice
■ More detailed information about machinery supply law
■ Checklists to use when talking to suppliers and buying new machinery

A summary of the law on new machinery What is the law on new machinery? The Supply of Machinery (Safety) Regulations 2008 (as amended) 1 require that machinery:

■ is safe when supplied;
■ comes with a Declaration of Conformity and user instructions in English; and
■ is CE marked.
■ (Note: where the word ‘safe’ is used here, it refers to risks to both safety and health.)

Manufacturers

or their authorised representatives in Europe, have to meet these requirements when machinery is first placed on the European market. The Regulations also apply to users when putting machinery into service for the first time if it has not previously been in use in Europe (for example machinery built for own use or imported directly from outside Europe with no CE marking).

Intermediate suppliers

must supply safe machinery in accordance with the requirements of section 6 of the Health and Safety at Work etc Act 1974. Users of machinery have responsibilities under the Provision and Use of Work Equipment Regulations 1998 (PUWER), 2 as amended by the Health and Safety (Miscellaneous Amendments) Regulations 2002, to:

select and provide suitable work equipment, taking account of working

■ conditions and the health and safety risks in the workplace; ensure that it is used correctly; and

■ keep it maintained in a safe condition.

When buying new equipment (including machinery), users are also required by PUWER to check it complies with all relevant supply laws. This means checking it is: CE marked;
■ supplied with a Declaration of Conformity and user instructions in English; and
■ free from any obvious defect (such as missing or damaged guards).
■ Users also have other duties under PUWER, such as maintaining and inspecting the equipment to ensure it remains safe. These are covered by the leaflet Using work equipment safely. 3

Why do we have these laws?

We have these laws to make sure that manufacturers and suppliers provide safe work equipment. This means that, when this equipment is used correctly and safely, the risk of accidents and ill health occurring is reduced. However, while these laws have replaced and updated older laws that had similar requirements, they have not really changed what you have to do.

What is meant by ‘machinery’?

A machine is normally regarded as being a piece of equipment which has moving parts and, usually, some kind of drive unit. Examples include:
■ fork-lift trucks;
■ metal-working drills;
■ paper-making machines;
■ circular saws;
■ combine harvesters;
■ lifting equipment (including lifting tackle and lifting equipment that is not
■ powered); escalators;
■ meat-mincing machines; and
■ baling machines.

What you have to do in practice

You may already know that most new machinery should have CE marking when you buy it. However, CE marking is only a claim by the manufacturer that the machinery is safe and that they have met relevant supply law. You – as the user – also have to check it is actually safe for your use. To understand what this means in practice when buying new machinery, it will help to understand the manufacturer’s responsibilities. What does the manufacturer have to do? Manufacturers must make sure that the machines they make are safe. They do this by: finding out about the health and safety hazards (trapping, crushing, electrical 

■ shock, dust, noise, vibration etc) likely to be present when the machine is used; assessing the likely risks as a result of the hazards;

■ designing out those hazards that result in risks or, if that is not possible; providing safeguards (eg guarding dangerous parts of the machine, providing noise enclosures for noisy parts) or, if that is not possible; using warning signs on the machine to warn of hazards that cannot be designed out or safeguarded (eg ‘noisy machine’ signs); providing operating instructions with the machinery, giving information on any risks that cannot be fully controlled by the design and safeguards provided, an for where users need to have a safe system of work or undertake maintenance and keeping information in a technical file, explaining what they have done and why nufacturers must also: affix CE marking to the machine to show they have complied with all relevant supply laws; issue a Declaration of Conformity for the machine; and provide you, the buyer, with instructions in English that explain how to install, use and maintain the machinery safely.

Is CE marking a guarantee of safety?

By affixing the CE mark, the manufacturer is claiming that the machinery complies with the law. CE marking in itself does not guarantee safety. You still need to check the machine is safe for use on your site, before it is used.

What do I need to do when buying a new machine?

Before you buy it, think about: where and how it will be used;

■ what it will be used for;

■ who will use it (skilled employees, trainees etc);

■ what risks to health and safety might result from its use; and

■ how well health and safety risks are controlled by different manufacturers,

■ comparing things such as noise or vibration levels produced. This can help you decide which machine may be suitable, particularly when buying a standard machine ‘off the shelf’. If you are buying a more complex or custom-built machine, you should discuss your requirements with potential suppliers, who can advise you on the options available. When buying a custom-built machine, you can use this opportunity to work with the manufacturer to help them design out the causes of injury and ill health (some of the which are listed in ‘Checklist A’ on page 9). The time spent now, agreeing safeguards to control health and safety risks in your business, could save you time and money later. Remember, your workforce are likely to be able to help you identify the hazards and risks of using the machines in your business. If you will be forming an assembly line by connecting several machines together yourself, you will need to comply with some of the requirements of supply law, including CE marking the line as a whole. More information on this is given under ‘What about machinery which is going to be part of an assembly line?’ on page 7. When you place the order – especially from outside the EU – specify in writing that the machine must be safe, meet all relevant EU Supply Directives and be CE marked. When you have bought it, check the machinery is CE marked and accompanied by: the Declaration of Conformity, which covers the relevant EU Directives (such as

■ the Machinery Directive); and a set of instructions in English, stating how the machine should be used and ■maintained. Most important of all, check the equipment is safe and do this every time before you bring new machinery into use.

How can I check the machine?

First make sure that the supplier (or installer) has given you information in English on how the machine works and its safety features. For smaller off-the-shelf machinery, this information should be included with the machine. Complex or custom-built machines may be backed up by a supplier demonstration but written instructions should still be supplied. Then take a close look at it. Many things that affect safety are obvious; others can be detected using common sense and by taking the time to closely examine your new machine. Experienced members of your workforce can also help you do this. You can, of course, also compare it with your existing similar machines and check that it is at least as safe as they are. Think about the following: Do any parts look dangerous, eg exposed gear wheels, cutters? 

■ Are there guards? If so, are they securely in place?

■ Do the guards prevent access to the dangerous parts?

 ■ Can the machine operate with the guards easily removed?

■ Do you understand the controls?

■ Can dust or fumes escape from the machine?

■ Is it excessively noisy?

■ Is there excessive vibration?

■ Are any exposed parts likely to be extremely hot or cold?

■ Are any live electrical parts exposed or easy to get at?

■ Can you safely access all necessary parts for maintenance, especially those at

■ height? Are there any special features, eg slow running speed, for use when setting?

■ Are the manufacturer’s instructions clear and comprehensive? 

What should I do if I think the machinery I have bought is unsafe?

Don’t use it. Contact the manufacturer or supplier for advice so you can arrange for the machine to be put right. If you allow unsafe machinery to be used then someone could be injured, for which you may have legal liabilities.

What else can I do?

If your company often buys machinery, you should consider producing guidelines on acceptance procedures and the checks to be made by those staff responsible for buying it.

How is doing all this going to help me and my business?

Allowing employees to use new machinery which is unsafe may cause an accident or incident. This will always cost you money and the costs can be higher than you realise. Also, if you were aware or should have been aware that a machine was unsafe, your business could be prosecuted.

More detailed information about machinery supply law

This section is for those who need to know more about the Supply of Machinery (Safety) Regulations 2008. (Note: these Regulations replaced in full the previous Supply of Machinery (Safety) Regulations 1992, as amended in 1994 and 2005.)

What is a Declaration of Conformity?

This is a printed document that comes with the machine. It is the manufacturer/ their authorised representative’s declaration that the machine complies with the Machinery Directive (2006/42/EC), and any other Directives which are relevant to that particular machine (eg the Electromagnetic Compatibility Directive). The Declaration of Conformity must state: the name and address of the manufacturer or their authorised representative

■ in Europe; the make, type and serial number (if used) of the machine;

■ the European Union laws (Directives) which the machine complies with;

■ information on which standards have been used in the design and manufacture

■ (if any); name and address of the notified body (this is only required for certain

■ machinery, see the list in the Appendix); and the signature of an authorised person and the date of the Declaration.

What is a Declaration of Incorporation?

This is a printed document which must be supplied with partly completed machinery. Partly completed machinery is machinery which is either a drive system or an assembly – part of a machine but something that cannot in itself perform a specific application, and is only intended to be incorporated or assembled with other machinery/equipment to form a working machine. The manufacturer should make this equipment as safe as possible, providing instructions for its safe assembly/incorporation and a Declaration of Incorporation. However, a partly completed machine should not be CE marked. The person who later combines this with other equipment to form a complete machine has the duty to comply with the relevant supply legislation, including CE marking.

Do importers and suppliers have to follow all these requirements, even if the machinery is made outside Europe?

All suppliers have to make sure that any machinery they supply within the European Economic Area (EEA) is safe, no matter where it has been made. The EEA includes the 27 European Union member countries and also Iceland, Norway and Liechtenstein. The EEA excludes Switzerland, although that country has now implemented the European Machinery Directive and so these requirements are also placed on machinery supplied in that country. Importers and suppliers also need to check that: the manufacturer has carried out all the steps involved in making sure the

■ machine is safe; there is a Declaration of Conformity or Incorporation for the machine;

■ there are full instructions in English for installing, using and maintaining the

■ machine; and if complete, the machine has CE marking.

Warning: If you import or construct the machine yourself, you take on the responsibilities of the manufacturer if the machine is not compliant with the Machinery Directive and CE marked with a Declaration of Conformity.

Does new machinery have to be made to any particular standards?

The machine must comply with the essential health and safety requirements (EHSRs) of EU supply law. In all cases, the manufacturer or the manufacturer’s authorised representative must compile information in a technical file confirming how the machine complies with these requirements. The technical file must be kept for ten years after the product is last supplied. However, when a machine has been made to the specification of any harmonised European standard listed in the Official Journal of the EU, it is presumed to conform to the EHSRs of that standard. (A harmonised standard is identified by an EN before the number, eg BS EN…, or BS EN ISO… .) In these cases the technical file has to show how the machine complies with those standards that give presumption of conformity. The use of these standards is voluntary but, if not followed, a similar level of risk reduction must be met as a minimum. European standards are already available for many types of machinery. Manufacturers can design and manufacture their machinery to other product standards (eg British or American standards) as long as they are certain the machine will comply with the relevant EHSRs and is safe. However – unlike the harmonised European standards – the use of other such standards during manufacture does not give a presumption of conformity with the relevant EHSRs. Manufacturers must therefore demonstrate they have met all relevant EHSRs in the technical file. In some circumstances, where certain machinery is not made in accordance with a harmonised standard – such as some woodworking machinery and power presses (see the complete list in the Appendix) – it must be type examined by an independent third party, known as a notified body. In these cases, the details of the notified body which has completed the examination will be on the Declaration of Conformity.

What about buying second-hand machinery?

It has to be safe for use. In some cases, it will not have CE marking but the supplier still has to make sure it is safe and accompanied by instructions for safe use. As user, you have a duty to make sure that second-hand machinery is: safe when put into use;

■ suitable for the selected work; and

■ maintained in a safe condition.

■ If a second-hand machine has been totally refurbished (for example, adding CNC control, together with other work), it may have (or require) new CE marking. This is because the way it operates is very different to before and, as a result, it has been treated as a new machine. Importers of second-hand machinery which is ‘new’ to Europe – that is, second- hand machinery which has not been placed on the market or put into service there before – will have to meet the requirements of the Supply of Machinery (Safety) Regulations 2008. This means the product must be safe and CE marked. If you, as user, are also the importer in these circumstances, you will have to meet these requirements.

What about machinery which is going to be part of an assembly line?

Assembly lines may comprise a collection of CE-marked machinery, or a mix of complete CE-marked machinery, partly completed machinery and other equipment. Whoever fits the machine into the assembly line must pay particular attention to any hazards which may be introduced as a result (for instance, additional guarding or other controls may be required). Once the machine has been fitted and the whole line is safe, the person incorporating the machine into the line must complete the technical file. This should contain all information on the design and how the machine was incorporated, together with the Declarations of Conformity (for whole pieces of machinery) and Incorporation (partly completed machinery) for all individual machines in the line. The whole line should have CE marking. This may be undertaken by you, as user – particularly if you operate a small company – or by a project manager (eg the installer, assembler or manufacturer).

Do I have to buy the manufacturer’s safeguards?

If the item is a machine where the Machinery Directive applies, the manufacturer must supply it complete with all safeguards. They cannot supply it with any safeguards missing and expect you to provide them. However, in some special circumstances – for example where particular tools etc are going to be incorporated, or an existing noise enclosure is going to be reused – there can be a specific written agreement relating to the provision of these particular safeguards. This would be between you (the buyer) and the supplier, provided it is fully taken into account by the suppler in their technical file and the CE mark covers them. However, this is not often done and manufacturers must generally supply all safeguards. Please note, you can only sign to accept the responsibility of fitting your own safeguards – and in effect, become involved in the final part of the manufacturing process – for equipment that does not come under supply legislation (see ‘Exclusions’ below). Exclusions The Supply of Machinery (Safety) Regulations 2008 do not apply to the following: machinery intended for use outside the EEA;

■ second-hand machinery (when not substantially refurbished), except when

■ ‘new’ to the EEA; manually powered machinery, except machinery used for lifting or lowering ■ ■ loads; machinery for medical use;

■ specialised fairground or amusement park equipment;

■ steam boilers, tanks and pressure vessels;

■ nuclear equipment, which will emit radioactivity if it fails;

■ radioactive sources forming part of a machine;

■ weapons, including firearms;

■ storage tanks and pipelines for petrol, diesel, flammable liquids and dangerous 

■ substances; passenger transport vehicles and their trailers (air, road, rail or water);

■ seagoing vessels and mobile offshore units, and their equipment;

■ cableways, including funicular railways used to carry passengers;

■ most aspects of agricultural and forestry tractors;

■ military and police equipment;

■ conventional passenger lifts;

■ mine winding gear;

■ machinery intended to move performers during artistic performances;

■ electric motors;

■ household appliances intended for domestic use;

■ audio, video and information technology equipment;

■ ordinary office machinery;

■ electrical switchgear and transformers;

■ safety components supplied as identical spare parts by the original equipment

■ manufacturer; rail-mounted means of transport using rack and pinion; and

■ motor vehicles exclusively intended for competition.

What other supply law is there?

The Electrical Equipment (Safety) Regulations 1994 (as amended) apply to electric equipment with mainly electrical risks – such as, household appliances intended fo domestic use, audio, video and information technology equipment, ordinary office machinery, low-voltage switch and control gear, and electric motors. The Electromagnetic Compatibility Regulations 1992 apply to equipment likely

■ to cause electromagnetic disturbance, or whose performance is likely to be affected by electromagnetic disturbance. The Pressure Equipment Regulations 1999 and the Simple Pressure Vessels

■ (Safety) Regulations 1991 (as amended) apply to most pressure systems. The Equipment and Protective Systems Intended for Use in Potentially

■ Explosive Atmospheres Regulations 1996 (as amended) apply to equipment fo use in flammable atmospheres. The Lifts Regulations 1997 apply to conventional passenger lifts.

■ The Medical Devices Regulations 1994 (as amended) apply to most equipmen

■ used for medical purposes, including medical devices which are machinery. The Gas Appliances (Safety) Regulations 1995 apply to domestic gas

■ appliances. The Noise Emission in the Environment by Equipment for use Outdoors

■ Regulations 2001. The Personal Protective Equipment (EC Directive) Regulations 1992. 

Checklists to use when talking to suppliers and buying new machinery

Checklist A.

What should I talk to a supplier (or manufacturer) about? Tell the supplier where the machine will be used, what you want to use it for and who will be using it – particularly if it is a complex or custom-built machine. Ask the supplier the following questions: What health and safety risks might there be when using the machine?

■ Are there any dangerous parts and what guards will be provided?

■ Will it need emergency stop controls and how will it be isolated?

■ How do the controls and control systems work?

■ Will dust or fumes etc be produced by the machine? If these are likely to be in

■ significant quantities, can you adapt an existing extraction system to cope with the new machine or will you have to buy a new system? Has the machinery been designed to minimise the noise and vibration levels

■ produced and what levels are expected? Are there any extremely hot or cold parts of the machine, and can they be

■ insulated or protected? Are there any lasers or thickness gauges, and can any exposure to radiation

■ be eliminated? If not, what precautions are there to stop any exposure to radiation? What has been done to eliminate the risk of electric shock, particularly during

■ maintenance work when covers or control panel doors may be open? Are there possible risks from other sources of energy, such as unsupported

■ raised parts, or hydraulic and pneumatic power sources? What precautions exist for safe access, especially at height?

■ Is there clear information about installation, maintenance and breakdown

■ procedures? Will you be informed if problems arise with similar machines bought by other

■ users? In addition, it is good practice for the supplier or manufacturer to have a service backup or helpline so you can get further information as you need it. You could check what is in place before buying.

Checklist B What do I have to do when I have bought new machinery?

Check it has CE marking (unless it is partly completed machinery) and a copy ■ ■ of the EC Declaration of Conformity (or Declaration of Incorporation, if partly completed machinery). If not then you should ask the supplier to provide this. Check that the supplier has explained what the machinery is designed to be used for and what it cannot be used for (unless this is off-the-shelf machinery). Make sure a manual has been supplied which includes instructions for safe use, assembly, installation, commissioning, safe handling, adjustment and maintenance. Make sure the instruction manual is written in English. (However, the maintenance instructions may be written in another language, if specialised staff from the manufacturer or supplier will be carrying out the maintenance.) Make sure information has been provided about any remaining risks from the machine, and the precautions you need to take to deal with them. These may include electrical, hydraulic, pneumatic, stored energy, thermal, radiation or health hazards. Check that data about noise and vibration levels has been provided, where necessary. Ensure that any warning signs are visible, in English and easy to understand.

■ For a complex or custom-built machine, arrange for a trial run so you can be shown the safety features and how they work. Check for yourself to see if the machine is safe.

■ Make sure any early concerns about the safety of the machine are reported to the supplier.

Appendix

List of machinery subject to type examination by a notified body (the details of this body should be given on the Declaration of Conformity), if not manufactured fully in accordance with a relevant harmonised standard (from Annex IV, Machinery Directive 2006/42/EC). 1 Circular saws (single or multi-blade) – for working with wood and material with similar physical characteristics, or for working with meat and material with similar physical characteristics – of the following types: a) sawing machinery with fixed blade(s) during cutting, having a fixed bed or support with manual feed of the workpiece or with a demountable power feed; b) sawing machinery with fixed blade(s) during cutting, having a manually operated reciprocating saw-bench or carriage; c) sawing machinery with fixed blade(s) during cutting, having a built-in mechanical feed device for the workpieces, with manual loading and/or unloading; and d) sawing machinery with moveable blade(s) during cutting, having mechanical movement of the blade, with manual loading and/or unloading. 2 Hand-fed surface planing machinery for woodworking. 3 Thicknessers for one-side dressing having a built-in mechanical feed device, with manual loading and/or unloading for woodworking.4 Band-saws with manual loading and/or unloading – for working with wood and material with similar physical characteristics, or for working with meat and material with similar physical characteristics – of the following types: a) sawing machinery with fixed blade(s) during cutting, having a fixed or reciprocating-movement bed or support for the workpiece; and b) sawing machinery with blade(s) assembled on a carriage with reciprocating motion. 5 Combined machinery of the types referred to in points 1 to 4, and in point 7, for working with wood and material with similar physical characteristics. 6 Hand-fed tenoning machinery with several tool holders for woodworking.7 Hand-fed vertical spindle-moulding machinery for working with wood and material with similar physical characteristics. 8 Portable chainsaws for woodworking. 9 Presses, including press-brakes, for the cold working of metals, with manual loading and/or unloading, whose moveable working parts may have a travel exceeding 6 mm and a speed exceeding 30 mm/s. 10 Injection or compression plastics-moulding machinery with manual loading or unloading. 11 Injection or compression rubber-moulding machinery with manual loading or unloading. 12 Machinery for underground working of the following types: a) locomotives and brake-vans; and b) hydraulic-powered roof supports. 13 Manually loaded trucks for the collection of household refuse, incorporating a compression mechanism. 14 Removable mechanical transmission devices, including their guards. 15 Guards for removable mechanical transmission devices.16 Vehicle servicing lifts. 17 Devices for the lifting of people, or of people and goods, involving a hazard o falling from a vertical height of more than 3 m. 18 Portable cartridge-operated fixing and other impact machinery. 19 Protective devices designed to detect the presence of people. 20 Power-operated interlocking moveable guards, designed to be used as safeguards in the machinery referred to in points 9, 10 and 11. 21 Logic units to ensure safety functions. 22 Roll-over protective structures (ROPS). 23 Falling-object protective structures (FOPS).

References

1 Supplying new machinery: A short guide to the law and your responsibilities when supplying machinery for use at work Leaflet INDG270 HSE Books 2011 www.hse.gov.uk/pubns/indg270.pdf 2 Safe use of work equipment. Provision and Use of Work Equipment Regulations 1998. Approved Code of Practice and guidance L22 (Third edition) HSE Books 2008 ISBN 978 0 7176 6295 1 www.hse.gov.uk/pubns/books/l22.htm 3 Using work equipment safely Leaflet INDG229(rev1) HSE Books 2002 (priced packs of 10 ISBN 978 0 7176 2389 1) www.hse.gov.uk/pubns/indg229.pdf

Further reading

Machinery: Guidance Notes on the UK Regulations is available from the Department for Business, Innovation and Skills (BIS). See: www.bis.gov.uk For full details of The Health and Safety at Work etc Act 1974 and The Supply of Machinery (Safety) Regulations 2008 (as amended 2011), visit: www.legislation.gov.uk Further information For information about health and safety, or to report inconsistencies or inaccuracies in this guidance, visit www.hse.gov.uk/. You can view HSE guidance online and order priced publications from the website. HSE priced publications are also available from bookshops. This document contains notes on good practice which are not compulsory but which you may find helpful in considering what you need to do. This document is available at: www.hse.gov.uk/pubns/indg271.pdf. British Standards can be obtained in PDF or hard copy formats from BSI: http:// shop.bsigroup.com or by contacting BSI Customer Services for hard copies only Tel: 020 8996 9001 email: cservices@bsigroup.com. © Crown copyright If you wish to reuse this information visit www.hse.gov.uk/ copyright.htm for details. First published 09/11.

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John Grisham Biography

Long before his name became synonymous with the modern legal thriller, John Grisham was working 60-70 hours a week at a small Southaven, Mississippi law practice, squeezing in time before going to the office and during courtroom recesses to work on his hobby--writing his first novel. Born on February 8, 1955 in Jonesboro, Arkansas, to a construction worker and a homemaker, John Grisham as a child dreamed of being a professional baseball player. Realizing he didn't have the right stuff for a pro career, he shifted gears and majored in accounting at Mississippi State University. After graduating from law school at Ole Miss in 1981, he went on to practice law for nearly a decade in Southaven, specializing in criminal defense and personal injury litigation. One day at the DeSoto County courthouse, Grisham overheard the harrowing testimony of a twelve-year-old rape victim and was inspired to start a novel exploring what would have happened if the girl's father had murdered her assailants. Getting up at 5 a.m. every day to get in several hours of writing time before heading off to work, Grisham spent three years on A Time to Kill and finished it in 1987. Initially rejected by many publishers, it was eventually bought by Wynwood Press, who gave it a modest 5,000 copy printing and published it in June 1988.That might have put an end to Grishams hobby. However, he had already begun his next book, and it would quickly turn that hobby into a new full-time career. When he sold the film rights to The Firm to Paramount Pictures for $600,000, Grisham suddenly became a hot property among publishers, and book rights were bought by Doubleday. Spending 47 weeks on The New York Times bestseller list, The Firm became the bestselling novel of 1991.The successes of The Pelican Brief, which hit number one on the New York Times bestseller list, and The Client, which debuted at number one, confirmed Grisham's reputation as the master of the legal thriller. Grisham's success even renewed interest in A Time to Kill, which was republished in hardcover by Doubleday and then in paperback by Dell. This time around, it was a bestseller. Since first publishing A Time to Kill in 1988, Grisham has written one novel a year (his other books are The Firm, The Pelican Brief, The Client, The Chamber, The Rainmaker, The Runaway Jury, The Partner, The Street Lawyer, The Testament, The Brethren, A Painted House, Skipping Christmas, The Summons, The King of Torts, Bleachers, The Last Juror, The Broker, Playing for Pizza, and The Appeal) and all of them have become international bestsellers. There are currently over 225 million John Grisham books in print worldwide, which have been translated into 29 languages. Nine of his novels have been turned into films (The Firm, The Pelican Brief, The Client, A Time to Kill, The Rainmaker, The Chamber, A Painted House, The Runaway Jury, and Skipping Christmas), as was an original screenplay, The Gingerbread Man.

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PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING FOR THE GOOGLE ADSENSE ONLINE PROGRAM. PARTICIPATION IN THE GOOGLE ADSENSE ONLINE PROGRAM INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE GOOGLE ADSENSE ONLINE PROGRAM.

Introduction. This agreement ("Agreement") between You and Google Inc. ("Google") consists of these Google AdSense Online Program (the "Program") Standard Terms and Conditions ("Terms and Conditions"). A description of the Program, as generally offered by Google, is available at the Program Frequently Asked Questions ("FAQ") URL, located at https://www.google.com/adsense/faq, or such other URL as Google may provide from time to time. "You" or "Publisher" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.

1.      Program Participation. Participation in the Program is subject to Google’s prior approval and Your continued compliance with the Program Policies ("Program Policies"), located at https://www.google.com/adsense/policies, and/or such other URL as Google may provide from time to time. Google reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Program, You represent that You are at least 18 years of age and agree that Google may serve (a) third party and/or Google provided advertisements and/or other content (such third party provided advertisements, Google provided advertisements and other content, collectively, "Ads"), provided, however, that if Google serves non-compensated content, You will have the ability to opt out of receiving such content as part of the Program, (b) related Google queries and/or Ad search box(es) (collectively, “Links”), (c) Google Web and/or Site search results (collectively, "Search Results"), and/or (d) Google referral Ads (“Referral Buttons”), each in connection with the Web site(s), media player(s), video content and/or mobile content that You designate, or such other properties expressly authorized in writing by Google (including by electronic mail) (such other properties, “Other Properties”), and the Atom, RSS, or other feeds distributed through such Web site(s) , media player(s), video content, mobile content and/or Other Properties (each such Web site, media player, video content, mobile content, Other Property or feed, a "Property"). For the avoidance of doubt, any reference in this Agreement or the Program Policies to an individual “Web page”, “Web site”, “Web site page” or the like that is part of the Property will also mean feeds and media players distributed through such Web site. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by Google (including by electronic mail).  In some circumstances expressly authorized in writing by Google (including by electronic mail), You may enroll in the Program and create an account for the sole purpose of receiving payment from Google, and not, for purposes of clarification, for the purpose of displaying Ads, Links, Search Results and/or Referral Buttons on a Property.  If, however, You subsequently use your Account to participate in the Program (i.e. for the purpose of displaying Ads, Links, Search Results and/or Referral Buttons on a Property), then such use of the Program will be governed by the terms of this Agreement.  You must have and abide by an appropriate privacy policy that clearly discloses that third parties may be placing and reading cookies on your users’ browser, or using web beacons to collect information, in the course of ads being served on your website.  Your privacy policy should also include information about user options for cookie management.

2.      Implementation and Operation of Ads, Search Results, and Referrals. You agree to comply with the specifications provided by Google from time to time to enable proper delivery, display, tracking, and reporting of Ads, Links, Search Results, Referral Buttons, and Google Brand Features (as defined in Section 12 below) in connection with Your Property(ies), including without limitation by not modifying the JavaScript or other programming provided to You by Google in any way, unless expressly authorized in writing by Google (including by electronic mail).

o        AdSense for Search. If You have elected to receive Search Results, You will display on Your Property(ies) a Google search box (a "Search Box") in accordance with the specifications provided by Google. Except for related Google queries, all search queries (including queries entered into an Ad search box) must originate from individual human end users inputting data directly into a Search Box (or Ad search box, as applicable) on Your Property(ies). You will send any and all queries (without editing, filtering, truncating, appending terms to or otherwise modifying such queries individually or in the aggregate) to Google and Google will use commercially reasonable efforts to provide You with corresponding Search Results and/or Ads, as applicable and as available. Search Results and any accompanying Ads will be displayed on Web pages that may be hosted by Google (each, a "Search Results Page"), and the format, look and feel of those Web pages hosted by Google may be modified by Google from time to time.

o        AdSense for Content. All content and Property-based Ads (and Ads served in response to end user clicks on and queries entered into Links, if any) shall be grouped by Google and displayed with Links (where applicable) to end users of the Property(ies) as ad units (such groups of Ads and/or Links collectively referred to as "Ad Units") in standard formats as offered generally by Google from time to time, as may be described in the FAQ. You may select a format approved by Google for the display of Ad Units in connection with the Property(ies), but You acknowledge and agree that Ads and/or Links: (i) shall only be displayed in connection with the Property(ies), each of which is subject to review and approval by Google in its discretion at any time; and (ii) shall be subject to the placement guidelines set forth herein.

o        Referrals. If You have elected to use the Google AdSense Referrals feature, You will implement any Referral Buttons on Your Property(ies) in accordance with the specifications provided by Google. End users who click on a Referral Button will be directed to a Web page that may be hosted by Google (“Referral Page”), and the format, look and feel of those Web pages hosted by Google may be modified by Google from time to time. A “Referral Event” will be initiated when an end user clicks on a Referral Button from the Property and will be completed when the referral requirements for the relevant product are satisfied in accordance with this Agreement. Such referral requirements, along with the payment amount applicable to the Referral Event, are located at https://www.google.com/adsense/referrals, or such other URL as Google may provide from time to time. You agree to comply with the specifications provided by Google from time to time to enable proper tracking and reporting of Referral Events in connection with Your Property. You shall not promote or facilitate a Referral Event by any means other than displaying a Referral Button on the Property, unless expressly authorized in writing by Google (including by electronic mail).

o        AdSense for Video. If you have elected to use AdSense for Video, Your participation is subject to your continued compliance with the AdSense for Video Program policies located at http://adsense.google.com/support/bin/answer.py?answer=73987 or the URL as Google may provide from time to time.  All Ads (including Ads served in response to end user clicks on and queries entered into Links, if any) shall be (1) grouped by Google and displayed with Links (where applicable) to end users of the Property(ies) as Ad Unit(s) or (2) pre-, post- or interstitial roll in connection with third party video content, in each case in standard formats as offered generally by Google from time to time, as may be further described in the applicable policies.  You acknowledge and agree that the Ads will be displayed on the Property in a video format approved by Google, and that such Ads: (i) shall only be displayed in connection with the Property(ies) and non-advertisement video content (collectively “Video Media”), all of which is subject to review and approval by Google in its discretion at any time; and (ii) shall only be requested in connection with end user initiated Video Media.  In addition, You agree that You may only display one (1) Ad Unit within Your media player at any single time, unless otherwise approved by Google in writing. 

o        General; Serviced Pages; Filtering; Beta Features. You agree not to display on the same Web page in connection with which any Ad Unit, Ad, Link, Search Box, or Referral Button is displayed (a "Serviced Page") any advertisement(s) or content that an end user of Your Property(ies) would reasonably confuse with a Google advertisement or otherwise associate with Google. Certain Google services available as part of the Program may contain filtering capability, such as SafeSearch or AdSafe, that You may access through Your account. However, if You elect to enable any such filters, You acknowledge and agree that: (i) it is Your responsibility to enable such features in accordance with the specifications provided by Google, and (ii) Google does not and cannot commit that all results (including Ads, Links and Search Results) will be limited to results elected by enabling such filter(s). Some Program features are identified as “Beta” or otherwise unsupported (“Beta Features”).  To the fullest extent permitted by law, Beta Features are provided "as is" and at Your option and risk.  You shall not disclose to any third party any information from Beta Features, existence of non-public Beta Features or access to Beta Features.  .

3.      Communications Solely With Google. You agree to direct to Google, and not to any advertiser, any communication regarding any Ad(s) or Link(s) displayed in connection with Your Property(ies).

4.      Parties' Responsibilities. You are solely responsible for the Property(ies), including all content and materials, maintenance and operation thereof, the proper implementation of Google's specifications, and adherence to the terms of this Agreement, including compliance with the Program Policies. Google reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of a software application to access Ads, Links, Search Results, or Referral Buttons or to complete any Referral Event, or any engagement in any activity prohibited by this Agreement. Google is not responsible for anything related to Your Property(ies), including without limitation the receipt of queries from end users of Your Property(ies) or the transmission of data between Your Property(ies) and Google. In addition, Google shall not be obligated to provide notice to You in the event that any Ad, Link, Search Result, or Referral Button is not being displayed properly to, or Referral Event is not being completed properly by, end users of the Property(ies).

5.      Prohibited Uses. You shall not, and shall not authorize or encourage any third party to: (i) directly or indirectly generate queries, Referral Events, or impressions of or clicks on any Ad, Link, Search Result, or Referral Button  (including without limitation by clicking on “play” for any video Ad) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (ii) edit, modify, filter, truncate or change the order of the information contained in any Ad, Link, Ad Unit, Search Result, or Referral Button, or remove, obscure or minimize any Ad, Link, Ad Unit, Search Result, or Referral Button in any way without authorization from Google; (iii) frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any part of an Ad ("Advertiser Page"), any Search Results Page, or any Referral Page; (iv) redirect an end user away from any Advertiser Page, Search Results Page, or Referral Page; provide a version of the Advertiser Page, Search Results Page, or Referral Page that is different from the page an end user would access by going directly to the Advertiser Page, Search Results Page, or Referral Page; intersperse any content between the Ad and the Advertiser Page, between the page containing the Search Box and the Search Results Page, or between the Referral Button and the Referral Page; or otherwise provide anything other than a direct link from an Ad to an Advertiser Page, from the page containing the Search Box to the Search Results Page, or from the Referral Button to the Referral Page; (v) display any Ad(s), Link(s), or Referral Button(s) on any Web page or any Web site that contains any pornographic, hate-related, violent, or illegal content; (vi) directly or indirectly access, launch, and/or activate Ads, Links, Search Results, or Referral Buttons through or from, or otherwise incorporate the Ads, Links, Search Results, or Referral Buttons in, any software application, Web site, or other means other than Your Property(ies), and then only to the extent expressly permitted by this Agreement; (vii) "crawl", "spider", index or in any non-transitory manner store or cache information obtained from any Ads, Links, Search Results, or Referral Events, or any part, copy, or derivative thereto; (viii) act in any way that violates any Program Policies posted on the Google Web Site, as may be revised from time to time, or any other agreement between You and Google (including without limitation the Google AdWords program terms); (ix) disseminate malware; (x) create a new account to use the Program after Google has terminated this Agreement with You as a result of your breach of this Agreement; or (xi) engage in any action or practice that reflects poorly on Google or otherwise disparages or devalues Google’s reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

6.      Termination; Cancellation. Subject to any third party agreements You may have with other Google customers (e.g., Your Web hosting company), You may stop displaying Ads, Links, Search Boxes, or Referral Buttons on any Property in the Program with or without cause at any time by removing the Google JavaScript or similar programming from Your Properties. You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel Your participation in the Program to adsense-support@google.com. This Agreement will be deemed terminated within ten (10) business days of Google's receipt of Your notice. Google may investigate any activity that may violate this Agreement. Google may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Property in all or part of the Program for any reason. In addition, Google reserves the right to terminate without notice any account that has not generated a sufficient number of valid clicks on Ads or Referral Buttons or valid impressions of Ads (in each case as measured by Google) for a period of two (2) months or more. Upon termination of participation of any Property in the Program or termination of this Agreement for any reason, Sections 3, 6 through 10, and 14 through 17 shall survive termination.

7.      Confidentiality. You agree not to disclose Google Confidential Information without Google's prior written consent. "Google Confidential Information" includes without limitation: (a) all Google software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other statistics relating to Property performance in the Program provided to You by Google; and (c) any other information designated in writing by Google as "Confidential" or an equivalent designation. However, You may accurately disclose the amount of Google’s gross payments to You pursuant to the Program. Google Confidential Information does not include information that has become publicly known through no breach by You or Google, or information that has been (i) independently developed without access to Google Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority.

8.      No Guarantee. Google makes no guarantee regarding the level of impressions of Ads or clicks on any Ad or Referral Button, the timing of delivery of such impressions and/or clicks, the completion of Referral Events, or the amount of any payment to be made to You under this Agreement.  In addition, for the avoidance of doubt, Google does not guarantee the Program will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond Google’s (or its wholly owned subsidiaries’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Google (or its wholly owned subsidiaries) or Your servers are located or co-located.

9.      No Warranty. GOOGLE MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING, LINKS, SEARCH, REFERRALS, AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT ADS, LINKS, AND SEARCH RESULTS ARE BASED ON OR DISPLAYED IN CONNECTION WITH NON-GOOGLE CONTENT, GOOGLE SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH ADS, LINKS, AND SEARCH RESULTS.

10.  Limitations of Liability; Force Majeure. EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE PROGRAM, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) GOOGLE'S AGGREGATE LIABILITY TO PUBLISHER UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY GOOGLE TO PUBLISHER DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

11.  Payment. You shall receive a payment related to the number of valid clicks on Ads, the number of valid impressions of Ads, the number of valid completions of Referral Events initiated through Referral Buttons displayed in connection with Your Property(ies), and/or other events performed in connection with the display of Ads on Your Property(ies), in each case as determined by Google for its participants in the Program. If You have elected to receive Search Results, this payment will be offset by fees applicable to Search Results. Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to You shall be sent by Google within approximately thirty (30) days after the end of each calendar month that Ads or Referral Buttons are running on Your Property or that Ads are running on Search Results Pages if Your earned balance is $100 or more. In the event the Agreement is terminated, Google shall pay Your earned balance to You within approximately ninety (90) days after the end of the calendar month in which the Agreement is terminated by You (following Google's receipt of Your written request, including by email, to terminate the Agreement) or by Google. In no event, however, shall Google make payments for any earned balance less than $10. Notwithstanding the foregoing, Google shall not be liable for any payment based on: (a) any amounts which result from invalid queries, invalid Referral Events, or invalid clicks or impressions on Ads generated by any person, bot, automated program or similar device, as reasonably determined by Google, including without limitation through any clicks or impressions (i) originating from Your IP addresses or computers under Your control, (ii) solicited by payment of money, false representation, or request for end users to click on Ads, or (iii) solicited by payment of money, false representation, or any illegal or otherwise invalid request for end users to complete Referral Events; (b) Ads or Referral Buttons delivered to end users whose browsers have JavaScript disabled; (c) Ads benefiting charitable organizations and other placeholder or transparent Ads that Google may deliver; or (d) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of this Agreement by You for any applicable pay period. Google reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending Google's reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that an advertiser whose Ads are displayed in connection with Your Property(ies) defaults on payment for such Ads to Google. In addition, if You are past due on any payment to Google in connection with any Google program (including without limitation the Google AdWords program), Google reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with the Program by amounts owed by You to Google. To ensure proper payment, You are solely responsible for providing and maintaining accurate address and other contact information as well as payment information associated with Your account. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number and a fully-completed Form W-9. For non-U.S. taxpayers, this information includes without limitation either a signed certification that the taxpayer does not have U.S. Activities (as described on the Google AdSense: Tax Information Page located at https://www.google.com/adsense/taxinfo, or such other URL as Google may provide from time to time) or a fully-completed Form W-8 or other form, which may require a valid U.S. tax identification number, as required by the U.S. tax authorities. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in the Program. Google may change its pricing and/or payment structure at any time. If You dispute any payment made under the Program, You must notify Google in writing within thirty (30) days of any such payment; failure to so notify Google shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Google. No other measurements or statistics of any kind shall be accepted by Google or have any effect under this Agreement. The payments made under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party (i.e., distributed to Properties managed by You that require separate payments) unless expressly authorized in writing by Google (including by electronic mail). From time to time Google may be holding funds, payments and other amounts due to You in connection with the AdSense Program. You acknowledge and agree that Google may, without further notice to You, contribute to a charitable organization selected by Google all funds, payments and other amounts related to the AdSense Program that are held by Google and that are due to you (if any), but which Google is unable to pay or deliver to You because Your account is Inactive (as defined below). “Inactive” means that, based on Google’s records: (a) for a period of two (2) years or more You have not logged into your account or accepted funds, payments or other amounts that Google has attempted to pay or deliver to You, and (b) Google has been unable to reach You, or has not received adequate payment instructions from You, after contacting You at the address shown in Google’s records.

12.  Publicity. You agree that Google may use Your name and logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, Search Results Pages, and Referral Pages. If You wish to use Google's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), You may do so, so long as such use is in compliance with this Agreement and in compliance with Google's then current Brand Feature use guidelines, and any content contained or referenced therein, which guidelines may be found at the following URL: http://www.google.com/permissions/guidelines.html (or such other URL Google may provide from time to time).

13.  Representations and Warranties. You represent and warrant that (a) all of the information provided by You to Google to enroll in the Program is correct and current; (b) You are the owner of each Property or You are legally authorized to act on behalf of the owner of such Property(ies) for the purposes of this Agreement and the Program; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder. In addition, to the extent that Your Site is a media player (1) You represent and warrant that You have a valid license to use and distribute such media player (including all content therein, including without limitation any Ads or Ad Units) for the purposes of this Agreement and the Program; and (2) You shall ensure that any media player(s) that constitute the Site shall comply with the terms and conditions set forth herein. You further represent and warrant that each Property and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not pornographic, hate-related or otherwise violent in content.

14.  Your Obligation to Indemnify. You agree to indemnify, defend and hold Google, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Property(ies), and/or Your breach of any term of this Agreement.

15.  Google Rights. You acknowledge that Google owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Program (including Google's ad serving technology, search technology, referral technology, and Brand Features, including implied licenses, and excluding items licensed by Google from third parties and excluding any third party media player that may comprise the Property), and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Google services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You will not remove, obscure, or alter Google's copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any Google services, software, or documentation (including without limitation the display of Google’s Brand Features with Ads, Links, Search Boxes, Search Results, and/or Referral Buttons, as applicable). "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

16.  Information Rights. Google may retain and use, subject to the terms of the Google Privacy Policy (located at http://www.google.com/privacy.html, or such other URL as Google may provide from time to time), all information You provide, including but not limited to Property demographics and contact and billing information. You agree that Google may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws than Your own. Google may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Google disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. Google may share non-personally-identifiable information about You, including Property URLs, Property-specific statistics and similar information collected by Google, with advertisers, business partners, sponsors, and other third parties. In addition, You grant Google the right to access, index and cache the Property(ies), or any portion thereof, including by automated means including Web spiders or crawlers.

17.  Miscellaneous. This Agreement shall be governed by the laws of California, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Santa Clara County, California. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by Google. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Google. Notwithstanding the foregoing, Google may assign this Agreement to any affiliate at any time without notice. The relationship between Google and You is not one of a legal partnership relationship, but is one of independent contractors.

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