YAHOO! INC. SOFTWARE LICENSE AGREEMENT
WELCOME TO YAHOO! GO™ FOR TV (THE “YAHOO! SOFTWARE”). BY CLICKING "I ACCEPT" BELOW IN THE INSTALLER PROGRAM, 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 THE YAHOO! SOFTWARE
Terms of Service.
This Software License Agreement (the "Software License") incorporates by reference the Yahoo! Terms of Service ("TOS"). You can find the most recent version of the TOS at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html .
Changes to Terms and Conditions.
Yahoo! may change the Software License or the TOS by posting a new version or additional terms applicable thereto on Yahoo!'s website without notice of such posting to you. Use of Yahoo! Software after such change constitutes acceptance of such changes.
Uninstallation of the Yahoo! Software.
To uninstall the Yahoo! Software, you may use the standard Microsoft Windows “Add/Remove Programs” menu in either the My Computer/Control Panel option or the Settings/Control Panel option. Once you access the Microsoft Windows Control Panel option, select “Add/Remove Programs,” and then “Yahoo! Go™ for TV”. The Yahoo! Software will be uninstalled and will no longer be visible when you restart the Explorer.
Licensed Uses and Restrictions.
Unless specifically and explicitly provided otherwise, Yahoo! Software and all applications, documentation, and local computer files installed or utilized by the installer application are owned by Yahoo!, or Yahoo!'s licensors (“Yahoo! Licensors”) and are licensed to you on a non-exclusive, non-assignable, 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 by their respective owners.
The Yahoo! Software may enable you to import, listen to, view, and/or read (as the case may be) music, images, television programming, video, text, and other material (collectively “Content”) that may be obtained by you in analog and/or digital form. The Content may be owned by Yahoo! or by third parties. In all circumstances, you understand and acknowledge that your rights with respect to the Content you obtain for use in connection with the Yahoo! Software will be limited by copyright law and by the usage rules contained in this Software License or the Yahoo! Software.
You understand that the Yahoo! Software may include security components that are intended to permit analog and/or digital information to be protected and use to occur only as permitted by usage rules set by Yahoo! and/or parties who provide Content. You further agree that any use of Content obtained by you outside of the services provided in connection with the Yahoo! Software or other Yahoo! product offerings must be pursuant to a grant of rights that you have received from the copyright owner or its authorized licensee.
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. Upon termination of this Software License for any reason, your license to the Yahoo! Software immediately terminates.
The following usage rules and restrictions govern your use of the Yahoo! Software:
(i) 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 personal noncommercial use or benefit. The Yahoo! Software allows for more than one Yahoo ID and password to be used and stored within a single instance of the Yahoo! Software. All use of the Yahoo! Software, whether or not authorized by you, shall be deemed your use. You are responsible for protecting the confidentiality of passwords, and for ensuring that any and all uses of the Yahoo! Software comply with this Software License and all applicable laws, including but not limited to intellectual property laws designed to govern the use of copyrighted works and other content accessible through the Yahoo! Software.
(ii) terminate this Software License by discontinuing use of all or any part of the Yahoo! Software and by destroying all of your copies of the applicable Yahoo! Software.
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) You agree that you will not attempt to, or assist any other person to reverse engineer, decompile, disassemble, or otherwise tamper with any of the security components, special rules or other protection applications for any reason whatsoever.
(iii) incorporate the Yahoo! Software into any computer chip or the firmware of a computing device manufactured by or for you;
(iv) use the Yahoo! Software in any unlawful manner, for any unlawful purpose (including the unlawful use of Content), or in any manner inconsistent with the TOS or this Software License;
(v) interfere with or disrupt the Yahoo! computer networks, websites, or services connected with or accessed by the Yahoo! Software;
(vi) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols or labels in the Yahoo! Software;
(vii) use, acquire, ship, transport, export, or re-export the Yahoo! Software, except as expressly 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 or restricted 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
(viii) 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 other restrictions contained in this Software License, the Yahoo! Software, or 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!, including (but not limited to) the Yahoo! Software and Yahoo! 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"). The Licensor Software enables the Yahoo! Software to perform certain functions, including without limitation, access proprietary materials on Yahoo!'s servers. You agree that you will use the Yahoo! Software, and any materials accessed through the Yahoo! Software for your own personal non-commercial use only. All rights in any third party materials, 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 are third-party beneficiaries of this Software License and may enforce their rights under this Agreement against you directly in their own name. The Yahoo! Software relies on equipment and software not supplied by Yahoo!. It is your responsibility to acquire this equipment and software and to ensure that it is properly licensed and used.
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. Yahoo! may display notices within the Yahoo! Software alerting you when and where software, enhancements, or modifications for the Yahoo! Software may be available.
Fees, Payments and Advertising.
Yahoo! reserves the right, in Yahoo!'s sole discretion, (a) to charge fees for future use of or access to the Yahoo! Software, or (b) to advertise or to promote products and services within the Yahoo! Software or within or in conjunction with the services made available via the Yahoo! Software.
Disclaimer of Warranties by Yahoo!.
USE OF THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE (SUCH AS MUSIC, VIDEOS, TELEVISION CONTENT, IMAGES, STOCK QUOTES, MARKET INFORMATION, NEWS OR OTHER INFORMATION) IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND.
YAHOO! AND ITS AFFILIATES AND YAHOO! LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, APPROPRIATENESS, OR ADEQUACY OF THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING, WITHOUT LIMITATION, 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 YAHOO!, ITS AFFILIATES, OR THE YAHOO! LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF YAHOO!, ITS AFFILIATES, 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 from the Yahoo! Software.
Limitation of Liability.
YAHOO!, ITS AFFILIATES, 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 THE YAHOO! SOFTWARE,ANY THIRD PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE, OR 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 MUSIC, VIDEOS, TELEVISION CONTENT, STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS, WEATHER, TRAFFIC, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE YAHOO!, ITS AFFILIATES, 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, HOURS OF AVAILABILITY.
You agree to indemnify and hold Yahoo!, its affiliates, 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 licensed by or on behalf of the United States Government, then the Yahoo! Software is deemed to be a "commercial software" item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Rights of the United States shall not exceed the minimum rights set forth for "restricted software" in 48 C.F.R. 12.212 and its successors, if acquired by or on behalf of a civilian agency, and 48 C.R.R. 227.7202 and its successors, if acquired by or on behalf of units of the Department of Defense. All other terms and conditions of this Software License apply.
The laws of the State of California, excluding its conflicts of law rules, govern the Software License and your use of the Yahoo! Software. Your use of the Yahoo! Software may also be subject to other local, state, national, or international laws. You expressly agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California for any claim or dispute brought by you with Yahoo! or relating in any way to your use of the Yahoo! Software. The United Nations Convention on Contracts for 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 (each, as may be modified from time-to-time) 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.
Sections 5b, 6 and 8 through 16, will survive any termination of this Agreement.