Yahoo will discontinue the Developer Program and any currently existing developer support provided by Yahoo! for Yahoo!’s Developed Widgets, the Konfabulator Engine, and the SDK (as defined below) on March 27, 2012.
Developers may continue to upload and update Desktop Widgets until March 27, 2012.
End users may continue to download and update Desktop Widgets until April 3, 2012.
2. GENERAL DEVELOPMENT RESTRICTIONS.
You are not granted licenses to any component of a Yahoo! Developed Widget (you can tell it’s a Yahoo! Developed Widget because it will have a Yahoo! Widget logo or trademark on it) that is an image or audio file, or trademark or servicemark.
You are solely responsible for supporting end users of your Widget, and for providing and enforcing end user terms and restrictions with your users.
You may not do the following with Konfabulator or the SDK:
3. SDK COMPONENTS. There are several components within the SDK. The terms and restrictions for your use of each are as follows:
Redistributions in source code form must contain the copyright notice "Copyright © Yahoo! Inc. 2007, All Rights Reserved", this list of conditions, and the disclaimer below.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the disclaimer below in the documentation and/or other materials provided with the distribution.
Neither the name of Yahoo! nor the names of its contributors may be used to endorse or promote products derived from Yahoo! Widgets without specific prior written permission of Yahoo!.
DISCLAIMER TO BE INCLUDED WITH MODIFIED YAHOO! DEVELOPER WIDGET CODE:
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Your license to the SDK under these TOU continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the SDK. Yahoo! may terminate these TOU at any time for any reason. These SDK terminate automatically if (i) you violate any term of these TOU, (ii) Yahoo! publicly posts a written notice of termination on Yahoo!'s Web site, (iii) Yahoo! sends a written notice of termination to you, or (iv) Yahoo! ceases providing access to the SDK to you. The following Sections 4 through 9 will survive any termination of this TOU.
4. Disclaimer of Any Warranty.
THE SDK IS EXPERIMENTAL. YAHOO! DOES NOT REPRESENT OR WARRANT THAT ANY PORTION OF THE SDK IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE SDK 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 THE SDK IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SDK INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
5. Limitation of Liability.
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 SDK, 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.
6. Exclusions and Limitations.
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 MAY NOT APPLY TO YOU.
7. Hold Harmless and Indemnity.
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 the SDK, 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.
8. General Terms.
Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the TOU, you and Yahoo! shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Yahoo!, express or implied, and you shall not attempt to bind Yahoo! to any contract.
Invalidity of Specific Terms. If any provision of the TOU 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 such documents remain in full force and effect.
Location of Lawsuit and Choice of Law. The TOU and the relationship between you and Yahoo! shall be 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 jurisdiction of the courts located within the county of Santa Clara, California.
No Waiver of Rights by Yahoo!. Yahoo!'s failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the TOU. Any construction or interpretation to be made of the TOU shall not be construed against the drafter. The TOU constitute the entire agreement between Yahoo! and you with respect to the subject matter hereof.
Version date: February 27, 2012