Welcome to Yahoo! Toolbar with Anti-Spy (the "Yahoo! Software"). This agreement is between you (and any authorized user of the Yahoo! Software), and Yahoo! Canada Co., and its affiliates (collectively, "Yahoo!").
By clicking the "I agree" button below, you agree to these software licence terms (the "Software Licence") that supplement the Yahoo! Canada Terms of Service ("TOS"), located at http://help.yahoo.com/help/ca/help-06.html. If you disagree with any of the terms below, Yahoo! does not grant you a licence to use the Yahoo! Software. Click the "Cancel" button to exit the installer.
In order to install the Yahoo! Software you must agree to this Software Licence (including any terms that are displayed to you in a pop-up screen before you install the Yahoo! Software). This Software Licence is a legally binding contract that should be read in its entirety.
Declining this agreement and the installation of this Yahoo! Software will not impact your ability to use other Yahoo! internet services.
Data provided by you during installation and certain other information is subject to the Yahoo! Privacy Policy, located at http://privacy.yahoo.com/privacy/ca.
You agree that by your installation of the Yahoo! Software, you acknowledge that you are at least 18 years old, have read this Software Licence, understand it, and agree to be bound by its terms.
Yahoo! reserves the right to update and change, from time to time, this Software Licence and all documents incorporated by reference. You can always find the most recent version of this Software Licence at http://docs.yahoo.com/info/cpn/eula/ca/index.html. Yahoo! may change this Software Licence by posting a new version without notice to you. Use of the Yahoo! Software after such change constitutes acceptance of such changes.
Licensed Uses and Restrictions.
The Yahoo! Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "Yahoo! Software") are owned by Yahoo! or Yahoo!’s licensors and content and data providers ("Yahoo! Licensors"), and are licenced to you on a worldwide (except as limited below), non-exclusive, non-sublicenceable basis on the terms and conditions set forth herein. This Software Licence defines legal use of the Yahoo! Software, all updates, revisions, substitutions, and any copies of the Yahoo! Software made by or for you. All rights not expressly granted to you are reserved by Yahoo! or their respective owners.
YOU MAY:
install and personally use the Yahoo! Software and any updates provided by Yahoo! (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the Yahoo! Software for your own non-commercial use or benefit. Your licence to the Yahoo! Software under this Software Licence continues until it is terminated by either party. You may terminate the Software Licence by discontinuing use of all or any of the Yahoo! Software and by destroying all your copies of the applicable Yahoo! Software. This Software Licence terminates automatically if you violate any term of this Software Licence, Yahoo! publicly posts a written notice of termination on Yahoo!’s web site, or Yahoo! sends a written notice of termination to you.
make a single archival copy, which must contain all copyright and other proprietary notices present in the original Yahoo! Software. You are not allowed to make any other copies.
YOU MAY NOT:
decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Yahoo! Software or any portion thereof.
incorporate the Yahoo! Software into any computer chip or the firmware of a computing device manufactured by or for you.
use the Yahoo! Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the TOS or this Software Licence.
use the Yahoo! Software to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Yahoo! Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Yahoo! is not responsible.
use or export the Yahoo! Software in violation of applicable Canadian and U.S. laws or regulations.
sell, lease, loan, distribute, transfer, or sub-licence the Yahoo! Software or access thereto or derive income from the use or provision of the Yahoo! Software, whether for direct commercial or monetary gain or otherwise, without Yahoo!’s prior, express, written permission.
Ownership and Relationship of Parties.
The Yahoo! Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada, the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software Licence and in the TOS. Yahoo! and Yahoo!’s Licensors own all rights, title, and interest in and to their applicable contributions to the Yahoo! Software. This Software Licence grants you no right, title, or interest in any intellectual property owned or licenced by Yahoo!, including (but not limited to) the Yahoo! Software and the Yahoo! trademarks, and creates no relationship between yourself and Yahoo!’s Licensors, or between you and Yahoo! other than that of Yahoo! to licencee.
The Yahoo! Software and its components contain software licenced from Yahoo! Licensors ("Licensor Software"). The Licensor Software enables the Yahoo! Software to perform certain functions including, without limitation, access proprietary data on third-party data servers. You agree that you will use the Yahoo! Software, and any data accessed through the Yahoo! Software, for your own personal non-commercial use only. You agree not to assign, copy, transfer, or transmit the Yahoo! Software, or any data obtained through the Yahoo! Software, to any third party. Your licence to use the Yahoo! Software, its components, and any third-party data, will terminate if you violate these restrictions. If your licence terminates, you agree to cease any and all use of the Yahoo! Software, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
Support and Software Updates.
Yahoo! may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Yahoo! Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Yahoo! may change, suspend, or discontinue any aspect of the Yahoo! Software at any time, including the availability of any Yahoo! Software feature, database, or content. Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo! Software or the Yahoo! web site without notice or liability. Additionally, in order to enhance the security of the Yahoo! Software or to fix bugs, from time to time, Yahoo! may automatically download and install updates to the Yahoo! Software with or without prior notification.
Fees and Payments.
Yahoo! reserves the right to charge fees for future use of or access to the Yahoo! Software or the Yahoo! services and web sites (collectively, "Yahoo! Software Services") in Yahoo!'s sole discretion. If Yahoo! decides to charge for the Yahoo! Software Services, such charges will be disclosed to you prior to you being charged. If you do not wish to pay the fees, your sole remedy is to terminate this Software Licence. If you do not terminate, you will pay the fees (including applicable taxes) for the Yahoo! Software Services (at the rates in effect for the billing period in which the fees are incurred).
Disclaimer of Warranties by Yahoo!
USE OF THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS, OR OTHER INFORMATION) IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS."
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YAHOO! SOFTWARE (SUCH AS THE "ANTI-SPY" FEATURE) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
YAHOO!, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "YAHOO! ENTITIES"), AND YAHOO!’S LICENSORS DO NOT REPRESENT THAT THE YAHOO! SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE CANADA.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS EXPRESSLY DISCLAIM ANY WRITTEN OR ORAL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IF THE YAHOO! SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE YAHOO! ENTITIES, OR THE YAHOO! LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE YAHOO! ENTITIES, OR YAHOO! LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of liability.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE YAHOO! SOFTWARE BY YOURSELF OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE YAHOO! SOFTWARE, OR ANY DATA PROVIDED THROUGH THE YAHOO! SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE YAHOO! SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE YAHOO! ENTITIES AND YAHOO! LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. YAHOO! MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE YAHOO! SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE YAHOO! SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT AND HOURS OF AVAILABILITY.
Indemnification.
Software that is identified as "spyware" by this tool may be software that you have agreed to load onto your computer pursuant to a separate agreement with a third party. You are solely responsible for compliance with agreements you have executed with third parties. You agree to indemnify and hold the Yahoo! Entities harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the Yahoo! Software, your violation of any terms or conditions of this Software Licence, your violation of applicable laws, or your violation of any rights of another person or entity.
Government End Users.
If the Yahoo! Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Yahoo! Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of this Software Licence apply.
Controlling Law.
This Software Licence and the relationship between you and Yahoo! is governed by the laws of Ontario and Canada, without regard to its conflict of law provisions. You and Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located in Ontario, Canada. The United Nations Convention on the International Sale of Goods does not apply to this Software Licence.
No General Waiver; Severability.
The failure of Yahoo! to exercise or enforce any right or provision of this Software Licence shall not constitute a waiver of such right or provision. If any provision of this Software Licence is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Software Licence remain in full force and effect.
Complete Agreement.
This Software Licence and the TOS constitute the entire understanding between the parties respecting use of the Yahoo! Software, superseding all prior agreements between you and Yahoo!. In the event of any conflict between the terms and conditions of this Software Licence and those in the TOS, the terms and conditions of this Software Licence will control, except to the extent that the TOS imposes additional restrictions and liabilities on your actions. In the event of a conflict between the terms of this Software Licence and the TOS, this Software Licence will control to the extent of such conflict.
Surviving Provisions.
Sections 2, and 4 through 12, will survive any termination of this Agreement.
Updated: February 2, 2009
