YOU WILL use instructions provided in the CFL Badge to place attribution identification information into any application or service you develop that incorporates or makes any use of the CFL Badge. The identification information will be shared with Yahoo! through any use of each such application.
YOU WILL NOT:
(i) use the CFL Badge in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
(iii) sell, lease, or sublicense the CFL Badge or access thereto or derive income from the use or provision of the CFL Badge, whether for direct commercial or monetary gain or otherwise, without Yahoo!'s prior, express, written permission; or
(iv) use the CFL Badge in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with the CFL Badge documentation, as determined by Yahoo! in its sole discretion.
(v) sell, rent, assign, lease, transfer, reproduce, perform, modify, translate, allow third party access to, unbundle, make derivative works of, make improvements of, or distribute any code included as part of the CFL Badge or any of its components or any content contained therein, including, without limitation advertisements or search links that may be included in the CFL Badge. In addition, You will not change, alter, revise, decompile, disassemble, reverse-assemble or otherwise reverse engineer the CFL Badge or any portion of the CFL Badge for any purpose.
Yahoo! may elect to provide you with support or modifications for the CFL Badge (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 CFL Badge at any time, including the availability of the CFL Badge. Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the CFL Badge or the Yahoo! Web site without notice or liability.
Yahoo! reserves the right to charge fees for future use of or access to the CFL Badge or the Yahoo! services and Web sites (collectively, "CFL Badge Services") in Yahoo!'s sole discretion. If Yahoo! decides to charge for the CFL Badge Services, such charges will be disclosed to you in advance.
YAHOO! DOES NOT REPRESENT OR WARRANT THAT ANY CFL BADGE IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE CFL BADGE IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND YAHOO! EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF CFL BADGE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE CFL BADGE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
YAHOO! SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE CFL BADGE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL YAHOO! BE LIABLE TO YOU FOR ANY AMOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Yahoo!, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of CFL Badge. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Yahoo! and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of CFL Badge, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Yahoo! shall use good faith efforts to provide you with written notice of such claim, suit or action.