Welcome to Yahoo!. This is your legal agreement and terms of use with Yahoo! (the “TOU”). This TOU, and the Yahoo! Terms of Service ("TOS"), covers your use of the Konfabulator Engine, Yahoo! Developed Widgets, and any software, documentation, files or materials provided as part of the Yahoo! Konfabulator Software Development Kit (“SDK”), for development. If you disagree with any of the terms below or the TOS, Yahoo! does not grant you a license to use the Konfabulator Engine, Yahoo! Developed Widgets, and the SDK. In the event of any inconsistency between this TOU and the TOS, this TOS controls. Yahoo! can update and change this TOU by posting a new version without notice to you. You can find the most recent version of this TOU by visiting http://info.yahoo.com/legal/us/yahoo/konfabulator/developerterms/developerterms-1820.html. If you choose to use the SDK after such change, it means you agree to such changes. All rights not expressly granted to you are reserved by Yahoo! or their respective owners.
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:
Create or promote any products, services, or materials (‘Widgets”) 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) or materials urging acts of terrorism or violence, 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;
violate any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the Yahoo! TOS or these TOU;
operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that Konfabulator is not designed for such purposes and that failure of applications running on the Konfabulator engine in such cases could lead to death, personal injury, or severe property or environmental damage for which Yahoo! is not responsible;
Sell, lease, share, transfer, or sublicense Konfabulator and the SDK, or any access or access codes thereto;
Create Widgets which exceed reasonable request volume, constituting excessive or abusive usage, or obtain unauthorized access to the Yahoo! networks.
SDK COMPONENTS. There are several components within the SDK. The terms and restrictions for your use of each are as follows:
Konfabulator Engine and Command Line Tool. These components are subject to the Konfabulator Consumer License, and fall under the definition of “Software” for the purposes of that license.
Yahoo! Developer Network APIs: If you are modifying a Yahoo! Developed Widget that incorporates a Yahoo! API, you may include that Yahoo! API in your application only if you go to the Yahoo! Developer Center at http://developer.yahoo.com, and agree to and comply with the terms of use for each Yahoo! API you wish to incorporate. Your use of or access to any Yahoo! API contained within a Yahoo! Developed Widget without doing the foregoing is prohibited.
Yahoo! Developed Widgets (you can tell it’s a Yahoo! Developed Widget because it will have a Yahoo! Widget logo or trademark on it): You may modify and distribute a Yahoo! Developed Widget only if you have made material or substantial functional or feature modifications or additions (as determined by Yahoo! in its sole discretion) to the Yahoo! Developed Widget, AND the following conditions are met:
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.
Documentation, tutorial and definitions (which you may download at http://widgets.yahoo.com/manual) (collectively, “Document”): You may copy and distribute the Document in any medium, non-commercially and without modification only, provided that this TOU, the copyright notices, and the notice stating that this TOU applies to the Document are reproduced in all copies. You may not use technical measures to obstruct or control the reading or further copying of the copies you make or distribute. You may not accept compensation in exchange for copies. You may also lend copies, under the same conditions stated above, and you may publicly display copies.
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.
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.
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.
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.
Release and Waiver.
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 the SDK. 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.
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.
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: Nov.2, 2007
