Third Party Distribution. 13.1 Subject to compliance with the remainder of this clause 13, Opera may distribute Google Opera Browsers to Third Party Distributors, provided that such Google Opera Browsers are not modified in any way prior to use by End Users. 13.2 Opera shall, and shall ensure that each Third Party Distributor shall, distribute Google Opera Browsers in a manner that is no less protective of the Google Products and Google than the terms of this Agreement and shall include at a minimum and without limitation, contractual provisions which disclaim, to the extent permitted by applicable law: (a) Google’s liability for any damages, whether direct, indirect, incidental or consequential; and (b) all warranties with respect to Google, including warranties of merchantability, fitness for a particular purpose, and non-infringement (for avoidance of doubt, these disclaimers may be accomplished using a phrase such as “Opera’s suppliers” and need not specify Google by name). 13.3 During the Term, Opera shall, and shall require each Third Party Distributor to, comply with the following in respect of their distribution of any Google Opera Browser: (a) Google’s client application guidelines, a current version of which is attached hereto as Exhibit F, as may be updated by Google from time to time (the “Client Application Guidelines”); and (b) Google’s mobile browser guidelines, a current version of which is attached hereto as Exhibit G, as may be updated by Google from time to time (the “Mobile Browser Guidelines”). 13.4 Google in its sole discretion may direct Opera to cease distributing Google Opera Browsers to or through any Third Party Distributor that, in Google’s sole discretion: (a) is not compliant with the Client Application Guidelines and/or the Mobile Browser Guidelines; (b) would harm or devalue Google’s business, brand or name; and/or (c) violate Google’s privacy policy. In such circumstances, as soon as reasonably practicable (but in no event longer than fourteen (14) days following receipt of Google?s notice), Opera shall cause the relevant Third Party Distributor(s) to cease distribution of such Google Opera Browser and Google will have no obligation under clause 6.1 of Schedule One of this Agreement with respect to any Search Queries submitted to Google from any such Google Opera Browser. Any such Opera Desktop Browser, Opera Mobile Browser or Opera Mini Browser that Opera subsequently allows such Third Party Distributor to distribute shall not include any of the Google Products and/or Brand Features (and, for the purposes of this Agreement, shall be deemed to be an Excluded Opera Browser). 13.5 Opera shall ensure that no Third Party Distributor bundles any software or browser extensions in or with Google Opera Browsers without Google’s prior written approval, and if Google grants its approval, Opera shall provide Google with information about any such bundling arrangements at Google’s request. 13.6 [***] (a) [***] (b) [***] (c) [***] [***] 13.7 [***] 13.8 [***]
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Samples: Google Distribution Agreement, Amendment and Restatement Agreement (Opera LTD), Amendment and Restatement Agreement (Opera LTD)
Third Party Distribution. 13.1 Subject to compliance with the remainder of this clause 13, Opera may distribute Google Opera Browsers to Third Party Distributors, provided that such Google Opera Browsers are not modified in any way prior to use by End Users.
13.2 Opera shall, and shall ensure that each Third Party Distributor shall, distribute Google Opera Browsers in a manner that is no less protective of the Google Products and Google than the terms of this Agreement and shall include at a minimum and without limitation, contractual provisions which disclaim, to the extent permitted by applicable law:
(a) Google’s 's liability for any damages, whether direct, indirect, incidental or consequential; and
(b) all warranties with respect to Google, including warranties of merchantability, fitness for a particular purpose, and non-infringement (for avoidance of doubt, these disclaimers may be accomplished using a phrase such as “"Opera’s suppliers” " and need not specify Google by name).
13.3 During the Term, Opera shall, and shall require each Third Party Distributor to, comply with Google’s Client Application Guidelines, available at the following in respect of their distribution of any Google Opera Browser:
link: xxxxx://xxxxxxx.xxxxxx.xxx/adsense/answer/10926790 (a) Google’s client application guidelines, a current version of which is attached hereto as Exhibit F, as may be updated by Google from time to time (time, the “Client Application Guidelines”); and
(b) Google’s mobile browser guidelines, a current version of which is attached hereto as Exhibit G, as may be updated by Google from time to time (the “Mobile Browser Guidelines”).
13.4 Google in its sole discretion may direct Opera to cease distributing Google Opera Browsers to or through any Third Party Distributor that, in Google’s sole discretion:
(a) is not compliant with the Client Application Guidelines and/or the Mobile Browser Guidelines;
(b) would harm or devalue Google’s business, brand or name; and/or
(c) violate Google’s privacy policy. In such circumstances, as soon as reasonably practicable (but in no event longer than fourteen (14) days following receipt of Google?s Google’s notice), Opera shall cause the relevant Third Party Distributor(s) to cease distribution of such Google Opera Browser and Google will have no obligation under clause 6.1 of Schedule One of this Agreement with respect to any Search Queries submitted to Google from any such Google Opera Browser. Any such Opera Desktop Browser, Opera Mobile Browser or Opera Mini Browser that Opera subsequently allows such Third Party Distributor to distribute shall not include any of the Google Products and/or Brand Features (and, for the purposes of this Agreement, shall be deemed to be an Excluded Opera Browser).
13.5 Opera shall ensure that no Third Party Distributor bundles any software or browser extensions in or with Google Opera Browsers without Google’s prior written approval, and if Google grants its approval, Opera shall provide Google with information about any such bundling arrangements at Google’s request.
13.6 [***]
(a) [***]
(b) [***]
(c) [***] [***].
13.7 [***].
13.8 [***].
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