Incredimail 2009 Annual Report Download - page 121

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PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE
COMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 24b-
2 OF THE SECURITIES
EXCHANGE ACT OF 1934; [***] DENOTES OMISSIONS.
3. Client Applications
2.
Additional Obligations
2.1
Customer shall ensure that the user interface of each page on the Site (including the home page and Results Page) is (at all
times) clearly different from the home page and search results page on Google.com (and every other Google operated site)
such that when a reasonable person views a page on the Site he or she would be aware that he or she is not viewing a Google
operated site.
2.2 If in Google’s opinion Customer is in breach of clause 2.1 above then without prejudice to Google’s other rights and remedies,
Customer shall within 10 business days make such amendments to the home page and Results Page on each Site as Google
may request in order to distinguish the relevant pages on the Site from Google operated sites.
2.3
[***]
2.4
[***]
2.5
Customer shall ensure that:
[***]
2.6
[***]
(a) If Customer wishes to use a Client Application to access or enable End Users to access any Google Service, it will
first provide such Client Application to Google for evaluation. Customer shall also provide Google with such
reasonable assistance and information as Google may require in carrying out such evaluation. Customer may not use
the Client Application to access or enable End Users to access any Google Service until Google has given its written
approval for the Client Application (which shall be at Google
’
s entire discretion).
(b) At all times during the Services Term, Customer shall comply (and shall ensure that the Customer Client Application
(s) and the Approved Search Service Applications comply) with Google’s Client Application Guidelines, the current
form of which is attached hereto as Exhibit C (the “Guidelines”) as such Guidelines may be updated by Google from
time to time. Customer shall also ensure that it only uses the Customer Client Application in the form approved by
Google and in relation to those Services that Google has approved the Client Application for.
(c)
Customer represents and warrants that (a) it has read and understands the Guidelines; and (b) it does, and at all times
during the Services Term it will, own, operate and control one hundred percent (100%) of the Customer Client
Application. The list of Customer Client Applications may be updated from time to time subject to Google’s prior
written consent.
(d)
[***]