Common use of Customer’s Refusal of Other Google Services Clause in Contracts

Customer’s Refusal of Other Google Services. When determining if Customer’s refusal is reasonable under Section 1, Customer may consider (a) the commercial terms upon which Google is offering the Google Service (including, without limitation, terms related to indemnification, limitations of liability, and data privacy/ownership/control), (b) the quality of the user experience of the Google Service, (c) the product and technical functionality of the Google Service, (d) whether the Google Service is Technically Feasible for particular devices, and (e) whether Customer’s use of the Google Service conflicts with any agreement that Customer is a party to on the Effective Date. For avoidance of doubt, Customer’s refusal to use a Google Service under Section 1 shall be deemed reasonable if Customer determines that the Google Service is materially inferior to a service offering from a third party after a reasonable evaluation of the Google Service by considering the factors in the previous sentence and reasonable good faith discussions with Google. Nothing in this paragraph is intended to prevent Customer from using the services of a third party if Customer properly refuses to use Google’s Services in accordance with this paragraph.