Konfabulator Consumer License Agreement

Yahoo will discontinue support and development for Desktop Widgets and Konfabulator.

You may continue to download and update Desktop Widgets until April 3, 2012. Any Desktop Widgets you’ve installed before April 3, 2012 may continue to operate, but you will not be able to update them after April 3, 2012.

Please note that if you choose to continue to use the Software (as defined below), the following TOS applies to your use of such Desktop Widgets.

1. This is your legal agreement with Yahoo! (the “License”) about your use of Yahoo! software. Yahoo! can update and change this License by posting a new version without notice to you. You can find the most recent version of this License by visiting the Yahoo! Info Center at http://info.yahoo.com. If you choose to use the Software after such change, it means you agree to such changes.

The Yahoo Terms of Service (“TOS”) and this License cover your use of the Konfabulator Engine, and Yahoo! Developed Widgets (collectively, “Software”) for non-developer, personal, consumer use.

If you use the Software and the Konfabulator Software Development Kit (“SDK”) for development purposes, the Konfabulator Developer Terms of Use apply to you.

2. The software, documentation, and files or materials you get or use after your installation (collectively, the "Software") are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions in this License. This License covers all updates, revisions, substitutions, and any copies of the Software made by or for you, which are all considered part of the Software. All rights not expressly granted to you are reserved by Yahoo! or their respective owners.

Here’s what you can do with the Software:

• Use the Software for noncommercial use or benefit.
• Make copies of the Software and distribute such copies to others within your employer's organization so long as each recipient agrees to be bound by this License too. If others within your organization do not have this opportunity to agree and you would still like to distribute copies to them, you may do so only if you have the legal right to bind your organization (and others within your organization) to this License. If you do not have this right and the recipients do not have an opportunity to agree to this License, you may NOT distribute the Software to them. Instead, have them download the Software themselves.
• Allow others to use the same copy of the Software, but regardless of whether or not authorized by you, you are responsible for ensuring that any and all uses of the Software comply with this License and all applicable laws.
• Install and personally use the Software in object code form on a personal computer or mobile device owned or controlled by you.

3. Here’s what you can NOT do with the Software:

• Decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from the Software or any portion thereof, or attempt to discover any source code (if the Software is compiled), protocols or other trade secrets in the Software.
• Obtain or attempt to obtain unauthorized access to the Yahoo! network.
• Incorporate the Software into any hardware or software device that is not your personal device.
• Use, export, or re-export the Software in violation of applicable U.S. laws or regulations.
• Sell, lease, loan, distribute, transfer or sublicense the Software or access thereto or derive income from the use or provision of the Software, whether for direct commercial or monetary gain or otherwise, without Yahoo!'s prior, express, written permission.
• Use the Software in connection with acts of terrorism or violence, or to operate nuclear facilities, life support or other mission critical applications where human life or property may be at stake.
• Use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this License.

4. The Software is designed for consumer, personal use. It is not designed for enterprise, commercial, or human safety purposes. Its failure in such cases could lead to injury or damage for which you agree that Yahoo! is not responsible.

5. Your access to and use of any Yahoo! services or its partner’s services while using this Software are subject to the Yahoo! Terms of Service and the Yahoo! Privacy Policy, and any additional terms and conditions. Unless Yahoo! expressly tells you otherwise, your access to any third party services or content while using this Software is not the responsibility of Yahoo!.

6. HOW TO UNINSTALL. To uninstall, go to your operating system Control Panel, select Add/Remove Programs, and select the Yahoo! application that you wish to uninstall. Click the Change/Remove button. Leave the selection on Automatic and click Next. Then click Finish and you are done! You may have to reboot to remove some components. To uninstall on operating systems other than Windows, follow the standard instructions from the operating system developer for removing third party applications.

7. THIRD PARTY SOFTWARE, HARDWARE, AND SERVICES. You are responsible for all third party software, hardware, and services used in connection with the Software. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with the Software, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.

8. SUPPORT AND SOFTWARE UPDATES. Yahoo! offers no technical or maintenance support for the Software. Yahoo! may offer upgrades or updates to the Software in its sole discretion. Yahoo! may change, suspend or discontinue any aspect of the Software at any time without notice to you.

9. DISCLAIMER OF WARRANTY. The software is licensed “AS-IS.” You bear the risk of using it. Yahoo! gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Yahoo! excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

10. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (the “YAHOO ENTITIES”) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE.

11. INDEMNIFICATION. You (or the organization that you have the authority to bind, if applicable) agree to indemnify and hold the Yahoo! Entities 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.

12. TERMINATION. This License continues until it is terminated by either party. You may terminate the License by discontinuing use of all or any of the Software and by destroying all your copies of the applicable Software. This License terminates automatically if you violate any term of this 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. Sections 9 through 13 shall survive termination of this License.

13. GENERAL INFORMATION

Entire Agreement. This License constitutes the entire agreement between you and Yahoo! and governs your use of the Software, superseding any prior agreements between you and Yahoo! with respect to the Software.

Choice of Law and Forum. This License 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 and exclusive jurisdiction of the courts located within the county of Santa Clara, California.

Waiver and Severability of Terms. The failure of Yahoo! to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision. If any provision of this 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 License remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software, or this License, must be filed within one (1) year after such claim or cause of action arose or be forever barred. The titles in this License are for convenience only and have no legal or contractual effect. Your obligations in this License survive any termination of this Agreement.

Last updated February 27, 2012