Google Cloud Marketplace Terms of Service
DATED: December 15, 2022 | Previous Versions
These Google Cloud Marketplace Terms of Service (together, the "Agreement") are entered into by Google and the entity or person agreeing to these terms ("Customer" or “you”) and govern Customer's access to and use of the Marketplace and any Vendor Product. "Google" has the meaning given at https://cloud.google.com/terms/google-entity. By using the Marketplace, including by purchasing or accessing any product or service through the Marketplace, Customer agrees to be bound by this Agreement.
“Affiliate” means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party.
“APAC” means the Asia Pacific Region.
“BYOL Product” means any software, service, or dataset provided by a Vendor, and any updates to the foregoing, which are labeled in the Marketplace as “Google Click to Deploy” or “BYOL” and not redeemed by means of exchanging a license key purchased on the Marketplace.
“Control” means control of greater than 50 percent of the voting rights or equity interests of a party.
“Customer Data” has the meaning given to it in the GCP Agreement.
“EMEA” means Europe, the Middle East, and Africa.
“End Users” means the individuals who are permitted by Customer to use the Marketplace or Vendor Products.
“Fees” means the applicable fees for any Vendor Product and any applicable Taxes.
“GCP Account” means Customer's Google Cloud Platform account.
“GCP Agreement” means the agreement under which Google or its Affiliate provides Customer with access to and use of Google Cloud Platform.
“Google Product” means any software, service, or product provided by Google or its Affiliates, and any updates to the foregoing.
“including” means including but not limited to.
“Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
“Liability” means any liability, whether under contract, tort (including negligence), or otherwise, regardless of whether foreseeable or contemplated by the parties.
“Marketplace” means Google’s repository for offerings made available for use with Google Cloud Platform, available at https://console.cloud.google.com/marketplace or a successor URL.
“Notification Email Address” means the email address(es) designated by Customer in its GCP Admin Console.
“Subscription Product” means a Vendor Product for which the Customer has either prepaid Fees or committed to pay Fees for a given time period.
“Taxes” means all government-imposed taxes, except for taxes based on Google's net income, net worth, asset value, property value, or employment.
“Third-Party Legal Proceeding” means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding).
“Vendor” means a third-party software or service vendor that makes offerings available on the Marketplace.
“Vendor Agreement” means a separate agreement between Customer and Vendor governing Customer’s use of a Vendor Product.
“Vendor Product” means any software, service, or dataset provided by Vendors, and any updates to the foregoing, made available through the Marketplace, in each case excluding BYOL Products. For the avoidance of doubt, Google Products are not “Vendor Products.”