Common use of Disclosure and Consent before Installation Clause in Contracts

Disclosure and Consent before Installation. You may not bundle any Google Application with any Application unless you (and your distribution and bundling partners, if applicable under the terms of the agreement between you and Google that incorporates these Guidelines) design the installation of any such Application in a manner that ensures that it is installed by end users in a knowing and willful manner — e.g., no “drive-by’ downloads or installs. By “distribution partner” we mean any third party who distributes your Application and by “bundling partner” we mean any third party who installs your Application in combination with or alongside one or more other Applications. At a minimum, compliance with this provision requires that, prior to installing your Application, you and any third party distributing or bundling your Application: (a) first, fully, accurately, clearly and conspicuously disclose to end users: (i) that they are installing an application, (ii) the name of the Application, identifying you as the entity responsible for it, and (iii) the principal and significant features and functionality of the Application; and (b) then, obtain the end user’s affirmative consent to install the Application.

Appears in 2 contracts

Samples: Promotion and Distribution Agreement (WhiteSmoke, Inc.), Promotion and Distribution Agreement (WhiteSmoke, Inc.)

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Disclosure and Consent before Installation. You may not bundle any Google Application with any Application unless you (and your distribution and bundling partners, if applicable under the terms of the agreement between you and Google that incorporates these Guidelines) design the installation of any such Application in a manner that ensures that it is installed by end users in a knowing and willful manner e.g., no “drive-bydownloads or installs. By “distribution partner” we mean any third party who distributes your Application and by “bundling partner” we mean any third party who installs your Application in combination with or alongside one or more other Applications. At a minimum, compliance with this provision requires that, prior to installing your Application, you and any third party distributing or bundling your Application: (a) first, fully, accurately, clearly and conspicuously disclose to end users: (i) that they are installing an application, (ii) the name of the Application, identifying you as the entity responsible for it, and (iii) the principal and significant features and functionality of the Application; and (b) then, obtain the end user’s affirmative consent to install the Application.

Appears in 1 contract

Samples: Promotion and Distribution Agreement (Divx Inc)

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Disclosure and Consent before Installation. You may not bundle any Google Application with any Application unless you (and your distribution and bundling partners, if applicable under the terms of the agreement between you and Google that incorporates these Guidelines) design the installation of any such Application in a manner that ensures that it is installed by end users in a knowing and willful manner — e.g., no “drive-bydownloads or installs. By “distribution partner” we mean any third party who distributes your Application and by “bundling partner” we mean any third party who installs your Application in combination with or alongside one or more other Applications. At a minimum, compliance with this provision requires that, prior to installing your Application, you and any third party distributing or bundling your Application: (a) first, fully, accurately, clearly and conspicuously disclose to end users: (i) that they are installing an application, (ii) the name of the Application, identifying you as the entity responsible for it, and (iii) the principal and significant features and functionality of the Application; and (b) then, obtain the end user’s affirmative consent to install the Application.

Appears in 1 contract

Samples: Linking Agreement (Qihoo 360 Technology Co LTD)

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