Hi,

I am no lawyer but I've seen this question answered a bunch of times.

What needs to be available to the public is the viewer. This also means your 
tiles will be available to its users. Users may be required to authenticate 
as long as anyone can sign up for free, without having to pay in any way or 
requiring anything more than a web browser.

If you would like a more formal statement, please contact us on 
http://www.google.com/enterprise/earthmaps/maps.html

Cheers,
Miguel

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