Common use of Pre-Installed Clause in Contracts

Pre-Installed. In connection with devices for Desktop Device Subscribers that are developed for use on the Customer Network by Customer or third parties, if Customer generates requirements for the application software for any such devices, then Customer shall install or require the pre-installation of the Google Desktop Applications on these devices. The previous sentence does not apply to devices in which (1) Customer does not provide material design input or (2) Customer does not require the installation of applications other than a basic connection manager application. In connection with this paragraph, Customer may distribute the Google Desktop Applications to third parties solely for purpose of installing such Google Desktop Applications on devices developed for the Customer Network (such third parties, “Third Party Device Makers”); provided, however, that (a) in connection with any and all such distributions to Third Party Device Makers, Customer shall, and shall ensure that each Third Party Device Maker, installs the Google Desktop Applications in a manner that is no less protective of Google than the terms of this Agreement, and (b) Google in its reasonable discretion shall have the right to direct Customer to cease offers or distributions of Google Desktop Applications to any Third Party Device Maker that in Google’s reasonable discretion would either (1) harm or devalue Google’s business, brand or name, or (2) violate Google’s privacy policy, and Customer shall cause any such Third Party Device Maker to cease distribution of Google Desktop Applications as soon as practicable but in no event longer than ten days following receipt of such request from Google.