Yahoo SARL ("Yahoo") provides you with
BrowserPlus, a software programme which extends the functionality of
your web browser, and facilitates the installation of additional
software packages (plug-ins) to your web browser which various websites
and services may request.
The BrowserPlus software ("Software") consists of the following software, documentation, files and materials:
The BrowserPlus core software application ("Core") that you receive through this installer;
"BrowserPlus Plug-ins" or "corelets" which are any additional
distinct software packages developed by Yahoo or third parties which
plug into the Core, thereby extending the functionality of your web
Any subsequent updates, versions, or substitutes of BrowserPlus or BrowserPlus Plug-ins ("Updates") which you install.
Yahoo licenses the Software to you subject to this agreement between
you and Yahoo (the "Licence") and the Yahoo Terms of Service which
can be found at http://uk.docs.yahoo.com/info/terms.html
. By installing and using the Software, you accept all terms and
conditions of this Licence. Yahoo can update and change this Licence
by posting a new version at http://info.yahoo.com/legal/uk/yahoo/browserplus/browserplus-2144.html
without notice to you. You understand and acknowledge that your
continued use of the Software, and the continued use by anyone to whom
you have rightfully distributed this Software pursuant to this Licence,
constitutes your agreement to and acceptance of all such changes and
updates and that absent such effective consent, use of the Software is
The Software may also be bundled with third
party components, and may operate with plug-ins created by third party
developers (collectively, "Third Party Software"). This Licence only
applies to your use of the Software. Your use of Third Party Software
is subject to the terms and conditions of the authors and owners of
such Third Party Software. You may use this Software to access various
services provided by Yahoo, other Yahoo group companies and/or third
parties and you understand and acknowledge that your use of such
services is subject to the relevant terms governing those services.
2. Scope of Licence
Software is licensed to you on a worldwide (except as limited below),
non-exclusive, non-sublicensable basis on the terms and conditions set
forth in the Licence. This Licence covers all copies of the Software
made by or for you. All rights not expressly granted to you are
reserved by Yahoo or their respective owners.
Here's what you can do with the Software:
Install and personally use the Software on a computer or mobile device owned or controlled by you.
Use the Software only for personal use or benefit.
Make copies of the Software and distribute such copies to others
within a corporation or similar organisation so long as either (a) each
recipient affirmatively agrees to be bound by this Licence and any
updates and changes to this Licence, or (b) you have the legal right to
bind and hereby bind your organisation (and others within your
organisation) to both this Licence and to any updates and changes to
this Licence. If neither (a) nor (b) is true, you may NOT distribute
the Software within your employer's organisation and Yahoo does not
grant you a licence to the Software.
Allow others to use the Software on your personal or mobile device;
but regardless of whether or not authorised by you, you are responsible
for ensuring that any and all uses of the Software comply with this
Licence and all applicable laws.
Here's what you can NOT do with the Software:
Obtain or attempt to obtain unauthorised access to the Yahoo
network or to any third party networks, or to distribute any data that
you obtain through such unauthorised access.
Export or re-export the Software in violation of applicable laws or regulations.
Sell, rent lease, loan, distribute, transfer or sublicense the
Software or access thereto, or derive income from the use or provision
of the Software, whether for direct commercial or monetary gain or
otherwise, without Yahoo's prior, express, written permission.
Use the Software in connection with acts of terrorism or violence,
or the operation of nuclear facilities, life support or other mission
critical application where human life or property may be at stake.
Use the Software in any unlawful manner, for any unlawful purpose,
or in any manner inconsistent with this Licence or with the TOS.
3. Software Security, Tracking, Installation, Services and Support
Security. The Software does access and write to information that is
stored on your hard drive (and in your accounts on internet services to
which you've authorised the Software to access and/or write
information). Yahoo takes your security seriously and takes reasonable
steps to protect your information, but you agree that you are using
this Software at your own risk and that Yahoo does not guarantee that
transmission of your data over the Internet is 100% secure. Please see
http://info.yahoo.com/privacy/uk/yahoo/security/ for more information on what Yahoo does to minimise security risks.
Usage Data. You consent to allow the Software to track, collect,
and store the following information about your use of the Software,
which the Software may transmit back to Yahoo to use for diagnostic
purposes and improving the Software:
A unique identifier assigned to your installation of the Core.
Yahoo will not associate this unique identifier to your personally
Your device's platform, i.e., osx, win32.
The version of the Software that you've downloaded.
Auto-Updater Feature. From time to time, Yahoo may automatically
download the latest version of the Software to your computing device
and notify you when it's ready to install. Visit the Privacy Module at http://info.yahoo.com/privacy/uk/yahoo/browserplus/ to find out more about this feature.
Corelet Installations. When you visit an internet site which
requests that you download a corelet that will plug into the Software,
you will be prompted to either cancel or proceed with installation.
BrowserPlus Plug-ins are considered Software and subject to the terms
of this Licence.
How to Uninstall. To uninstall, go to your operating system Control
Panel, select Add/Remove Programmes, and select the Yahoo application
that you wish to uninstall. Click the Change/Remove button. Leave the
selection on Automatic and click Next. Then click Finish, and you are
done. You may have to reboot to remove some components. To remove on
operating systems other than Windows, follow the standard instructions
from the operating system developer for removing third party
applications. Please note that if you uninstall the Core, any
BrowserPlus Plug-ins that you have installed will also be uninstalled.
Third Party Software, Hardware, and Services. You are responsible
for all third party software, hardware, and services used in connection
with the Software. Any third party software, hardware, and services
(whether required or optional) that you use in conjunction with the
Software, is the sole responsibility of such third party, and is
subject to the terms, conditions, warranties and disclaimers provided
by such third party.
Support and Software Updates. Yahoo offers no technical or
maintenance support for the Software. Yahoo may offer upgrades or
updates to the Software in its sole discretion. Yahoo may change,
suspend or discontinue any aspect of the Software at any time without
notice to you.
The Software may be protected by Yahoo's
patents, copyrights, trademarks, service marks, international treaties,
and/or other proprietary rights and laws of the United Kingdom and
other countries. You agree to abide by all applicable proprietary
rights laws and other laws, as well as any additional copyright and
trademark notices or restrictions contained in the Software, this
Licence, and the TOS. Yahoo and Yahoo's licensors own all rights,
title, and interest in and to their applicable contributions to the
Software. Other than as set forth in this Licence, Yahoo grants you no
right, title, or interest in any intellectual property owned or
licensed by Yahoo in connection with the Software and Yahoo
You (or the organisation
that you have the authority to bind, if applicable) agree to indemnify
and hold harmless Yahoo and its subsidiaries, affiliates, officers,
employees, agents, partners, and licensors (the "Yahoo Entities") from
any claim or demand, including reasonable legal fees, made by you or
any third party in connection with or arising out of your use of the
Software, your violation of any terms or conditions of this Licence,
your violation of applicable laws, or your violation of any rights of
another person or entity.
6. DISCLAIMER OF WARRANTY.
SOFTWARE IS LICENCED "AS-IS". YOU BEAR THE RISK OF USING IT. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW,THE YAHOO ENTITIES EXPRESSLY
DISCLAIMS ALL WARRANTIES, GUARANTEES OR CONDITIONS AND OTHER TERMS OF
ANY KIND (INCLUDING, BUT NOT LIMITED TO, WARRANTIES RELATING TO
NON-INFRINGEMENT OR SECURITY, AND THE IMPLIED WARRANTIES OF
SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF
REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL
PROPERTY RIGHT). YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR
LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE.
7. LIMITATION OF LIABILITY.
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT YAHOO AND THE "YAHOO ENTITIES" SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF YAHOO ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE. THE
TOTAL LIABILITY OF YAHOO AND YAHOO ENTITIES FOR ANY CLAIM BY YOU
UNDER THIS LICENCE SHALL NOT EXCEED AMOUNTS PAID BY YOU TO YAHOO FOR
THIS LICENCE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT WHICH IS
THE BASIS FOR SUCH CLAIM.
to the Software under this Licence continues until it is terminated by
either party. You may terminate the Licence by discontinuing use of all
or any of the Software and by destroying all your copies of the
applicable Software. This Licence terminates automatically if you
violate any term of this Licence, Yahoo publicly posts a written
notice of termination on Yahoo's web site, or Yahoo sends a written
notice of termination to you directly.
9. General Information
Agreement. This Licence constitutes the entire agreement between you
and Yahoo and governs your use of the Software, superseding any prior
agreements between you and Yahoo with respect to the Software, and is
the sole source or your rights concerning use of the Software.
of Law and Forum. This Licence and the relationship between you and
Yahoo shall be governed by the laws of England without regard to its
conflict of law provisions. You and Yahoo agree to submit to the
personal and exclusive jurisdiction of the English courts.
and Severability of Terms. The failure of Yahoo to exercise or enforce
any right or provision of this Licence shall not constitute a waiver of
such right or provision. If any provision of this Licence is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
this Licence remain in full force and effect.
Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use
of the Software, or this Licence, must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
titles in this Licence are for convenience only and have no legal or
contractual effect. Those provisions in this Licence that by their
nature are intended to survive, will survive any termination of this