WELCOME TO YAHOO! DESKTOP SEARCH. BY CHECKING THE BOX BELOW, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW AND YOU MAY, SUBJECT TO THOSE TERMS AND CONDITIONS, INSTALL AND USE YAHOO! DESKTOP SEARCH.
Terms of Service and Privacy.
This Software License Agreement ("Software License") incorporates by reference the Yahoo! Terms of Service ("TOS"), each of which may be updated by us from time to time without notice to you. You can review the most current version of the Software License and TOS at any time at: http://info.yahoo.com/legal/us/yahoo/desktopsearch/desktopsearch-300.html and http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html, respectively.
Changes to Terms and Conditions.
Yahoo! may change this Software License and TOS by posting a new version without notice to you. Use of Yahoo! Desktop Search after such change constitutes acceptance of such changes.
Data Collected by and Advertising on Yahoo! Desktop Search.
Yahoo! Desktop Search will periodically contact a Yahoo! server to indicate that it's still being used. This information is used to count the number of Yahoo! Desktop Search programs in use, and does not include any personally identifiable usage or query information.
With your permission, Yahoo! Desktop Search may periodically send information back to Yahoo! in order to improve Yahoo! Desktop Search and other Yahoo! products and services. You may change logging options at any time under Tools >> Options.
Yahoo! Desktop Search contains a web search feature that returns search results pages from Yahoo! Search. All queries that are submitted by you for web search are transmitted to and collected by Yahoo!. Search results pages will often contain advertising in the form of sponsored search results, banner advertisements or other promotions. Advertising shown to you on the search results pages may be related to the search query you entered.
Licensed Uses and Restrictions.
By accepting the terms of this Agreement, you represent to Yahoo! Inc. and its affiliates (collectively, "Yahoo!") that you are at least 18 years old. Yahoo! Desktop Search 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 licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Software License 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 noncommercial use or benefit. The Software is “in use” on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. Your license to the Yahoo! Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all or any of the Yahoo! Software and by destroying all your copies of the applicable Yahoo! Software. This Software License terminates automatically if you violate any term of this Software License, Yahoo! publicly posts a written notice of termination on Yahoo!'s web site, or Yahoo! sends a written notice of termination to you directly.
YOU MAY NOT:
(i) 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;
(ii) incorporate the Yahoo! Software into any computer chip or the firmware of a computing device manufactured by or for you;
(iii) use the Yahoo! Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the TOS or this Software License;
(iv) interfere with or disrupt the Yahoo! computer networks, websites, or services connected with or accessed by the Yahoo! Software
(v) use the Yahoo! Software to operate nuclear facilities, life support or other mission critical application where human life or property may be at stake and 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;
(vi) use, acquire, ship, transport, export, or re-export the Yahoo! Software, except as authorized by Yahoo! and Yahoo! Licensors and as permitted by applicable law. In particular, but without limitation, the Yahoo! Software may not be acquired, shipped, transported, exported, or re-exported (1) into (or to a national or resident of) any U.S. embargoed country or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list; or
(vii) sell, lease, loan, distribute, transfer or sublicense 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 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 License and in the TOS. Yahoo! and Yahoo! Licensors own all rights, title, and interest in and to their applicable contributions to the Yahoo! Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by Yahoo! or Yahoo! Licensors, including (but not limited to) the Yahoo! Software and Yahoo!, Yahoo! Licensor and third party trademarks, and creates no relationship between yourself and Yahoo! Licensors, or between you and Yahoo! other than that of licensor to licensee.
The Yahoo! Software, and its components may contain software licensed from Yahoo! Licensors ("Licensor Software"). You agree that you will use the Yahoo! Software, and any results obtained through the Yahoo! Software for your own personal non-commercial use only. 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 without notice or liability.
Fees and Payments.
Yahoo! reserves the right to charge fees for future use of or access to the Yahoo! Software in Yahoo!'s sole discretion.
Disclaimer of Warranties by Yahoo!.
USE OF THE YAHOO! SOFTWARE AND ANY RESULTS OBTAINED THROUGH THE YAHOO! SOFTWARE IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND.
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YAHOO! SOFTWARE 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.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE YAHOO! SOFTWARE AND ANY RESULTS OBTAINED THERFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, APPROPRIATENESS, OR ADEQUACY OF THE YAHOO! SOFTWARE AND ANY RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE YAHOO! SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. YAHOO! SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
IF THE YAHOO! SOFTWARE OR ANY RESULTS OBTAINED 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.
Yahoo! and its third party suppliers and licensors reserve the right to delete data from their servers, or prevent access to their servers or to change data categories for any reason that Yahoo! or said third parties deem sufficient in their sole discretion at any time, without notice. Yahoo! reserves the right to discontinue use of any component of the Yahoo! Software at any time without notice. Neither Yahoo! nor its third party suppliers and licensors are obligated to provide you with any new enhanced or additional data types or categories in the future. Neither Yahoo! nor its third party suppliers and licensors warrant the results that will be obtained by your use of the Yahoo! Software nor any data accessed therefrom
Limitation of Liability.
HE 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 RESULTS OBTAINED THROUGH THE YAHOO! SOFTWARE, OR YOUR USE OR INABILITY TO USE OR ACCESS THE YAHOO! SOFTWARE OR ANY RESULTS OBTAINED 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.
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.
You agree to indemnify and hold the Yahoo! Entities and Yahoo! Licensors harmless from any claim or demand, including reasonable attorneys' 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 License, 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 License apply.
This Software License and the relationship between you and Yahoo! are governed by the laws of the State of California without regard to its conflict of law provisions. You and Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The United Nations Convention on the International Sale of Goods does not apply to this Software License.
No General Waiver; Severability.
The failure of Yahoo! to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License 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 Software License remain in full force and effect.
This Software License 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 License and those in the TOS, the terms and conditions of this Software License will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions. In the event of a conflict between the terms of this Software License and the TOS, this Software License will control to the extent of such conflict.