Thank you for using the Yahoo! Messenger application programming interfaces, documentation, and sample software (the "Yahoo! Messenger Plug-In SDK")!
By downloading and using the Yahoo! Messenger Plug-In SDK agree to be bound by these Yahoo! Messenger Plug-In SDK terms of use (the "TOU"), the Yahoo! Terms of Service ("TOS") located at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html , the Yahoo! Messenger End User License Agreement that You agree(d) to when You download(ed) the Yahoo! Messenger application (“EULA”), and the Yahoo! Messenger Terms of Service located at http://info.yahoo.com/legal/us/yahoo/messenger/messengertos/messengertos-279.html . You can find a current version of this TOU at http://info.yahoo.com/legal/us/yahoo/messenger/messengerapi/messengerapi-2142.html . If You disagree with any of the terms below or the TOS, Yahoo! does not grant You a license to use the Yahoo! Messenger Plug-In SDK. In the event of any inconsistency between (a) this TOU and (b) the TOS, EULA, or Yahoo! Messenger Terms of Service, this TOU controls.
Note on Minors: A parent or legal guardian must click "I AGREE" on behalf of their minor.
Licensed Uses and Restrictions.
(a) The Yahoo! Messenger Plug-In SDK, and any updates provided by Yahoo! (in its sole discretion) are owned by Yahoo! and are licensed to You on a worldwide (except as limited below), non-exclusive, non-sublicenseable, personal, revocable basis, on the terms and conditions set forth herein, and solely for the purpose of developing a plug-in application that operates solely with Yahoo! Messenger ("Your Plug-In"). These TOU define legal use of the Yahoo! Messenger Plug-In SDK, all updates, revisions, substitutions, and any copies of the Yahoo! Messenger Plug-In SDK made by or for You. All rights not expressly granted to You are reserved by Yahoo!.
(b) You may NOT distribute, share, sell, lease, or otherwise make available the Yahoo! Messenger Plug-In SDK, Your Plug-In, any applications that include the Yahoo! Messenger Plug-In SDK, to third parties, or reverse engineer, decompile, or disassemble any sample software provided under these TOU.
(c)You may NOT distribute or make available Your Plug-In to anyone but Yahoo!. You agree that Yahoo! will be the sole download and distribution point for Your Plug-In, and hereby grant Yahoo! a worldwide, exclusive, irrevocable license to reproduce, copy, and distribute Your Plug-In.
(d) Yahoo! may terminate the Yahoo! Messenger Plug-In SDK license, or suspend the distribution or functionality of Your Plug-In, at any time, for any reason. These TOU 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 Yahoo! Messenger Plug-In SDK to You. For purposes of clarity, termination of this license does not constitute termination of these TOU.
(e) If You have questions about Your intended use of the Yahoo! Messenger Plug-In SDK, You may contact us at . The contents of any communications You send will be subject to these TOU and the TOS, and You grant to Yahoo! all rights to use and incorporate such contents in the Yahoo! Messenger Plug-In SDK or any other Yahoo! product or service without compensation to You and without further recourse by You.
Plug-In Requirements
Your Plug-In must meet the following requirements. Yahoo! may in its sole discretion, even if You meet all the following requirements, refuse to distribute Your Plug-In, for any reason.
(a). Your Plug-In Functionality and Features.
(i) Your Plug-In will be for noncommercial use or benefit. Commercial and therefore prohibited uses include, but are not limited to: (1) requiring compensation to download or operate Your Plug-In; (2) advertising or marketing Your pay-for product in Your Plug-In; or (3) advertising or marketing any third party pay-for product where You are directly or indirectly compensated. To clarify, streaming content from a third party site that is commercial in nature will generally be deemed "noncommercial", even if advertising that is hosted on such third party site is incidentally streamed through Your Plug-In, so long as You are not directly or indirectly compensated for streaming such content or advertising. Contact us at if You want to propose a commercial plug-in or have questions on what is commercial use.
(ii) Your Plug-In will not contain any of the following features and functionality: ActiveX, mobile integration or applications, encryption, file transfer (whether pc-to-pc or via a server), live video, live audio, or voice over IP ("VoIP"). Contact us at if You want to propose a plug-in that enables these features or functionality.
(iii) Your Plug-In must not contain any compiled code. Contact us at if You want to propose a plug-in that contains compiled code.
(iv) Your Plug-In may not disable, block, or circumvent any Yahoo! feature or functionality (i.e. advertising, security measures).
(v) You may not make Your Plug-In publicly available at any time, including during development or testing.
(vi) Your Plug-In may not capture, collect, use, or transfer any personally identifiable or otherwise sensitive user data through the user interface of Your Plug-In with one exception: the user interface of Your Plug-In may display fields for entry of a user login ID and password of a service or product that the end user has previously registered for on the website of such service or product (whether Yours or that of a third party), and is necessary to be accessed via Your Plug-In for You to operate Your Plug-In in the manner that has been disclosed to the end user. In such a permitted case, You must clearly disclose the following. (a) what personal information is being collected, (b) why such information is being collected, (c) the identity of the entity collecting such information, and a link to such entity's privacy policy; (d) how such information will be used; and (e) with whom the information is shared, if at all. And in such a permitted case, You may not intercept, store or cache such end user login ID and password, unless You are expressly permitted to do so by the third party website, if applicable, and the end user.
(vii)Your Plug-In may not misrepresent, or materially alter any third party trademarks, logos, brand features, proprietary notices, content or functionality that appears in the user interface or functionality of Your Plug-In.
(viii) Your Plug-In must meet industry standard "good software practices", including but not limited to:
Your Plug-In must:
1. Give the end user a clear description of ALL the material functionality and features of Your Plug-in prior to installation.
Your Plug-In must not:
1. Redirect the end-user's Internet searches;
2. Add an application to the end-user's web browser or modify other functionality of the browser or desktop;
3. Change the end-user's home page, default search provider or error page handling or otherwise modify browser settings;
4. Change the consumer's default provider, web proxy or other changes to Internet settings;
5. Cause material adverse effects on system performance for typical end users;
6. Take control of a consumer's computer by deceptive means (i.e. using the computer to send spam or spit from the computer to others; accessing, hijacking or otherwise using the computer's modem or Internet connection or service in a manner that results in damage to the computer or end user).
7. Induce the end user to provide personal information by intentionally misrepresenting the identity of the person or entity seeking the information.
8. Remove, disable, or render inoperative by deceptive means a security, anti-spyware or anti-virus technology installed on the computer without obtaining prior consent from the User.
(b). Your Obligations.
(i) You may not market or promote Your Plug-In, or make any public statements, including announcements on press releases or blog forums, regarding Your Plug-In or transaction between You and Yahoo!, except with the written permission of Yahoo! or pursuant to Section 2(e)(iv).
(ii) You may not include or display the Yahoo! brand or name in the user interface of Your Plug-In.
(iii) You shall not disparage Yahoo!, or knowingly tarnish the name reputation, image of goodwill of Yahoo! or its affiliates (through Your Plug-In), or of Yahoo! Messenger and its Yahoo! Messenger Plug-In SDK program.
(iv) You are solely responsible for providing all customer support to end users relating to Your Plug-In.
(c). You MAY NOTuse the Yahoo! Messenger Plug-In SDK:
(i) to promote any products, services, or materials 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, adult or child 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;
(ii) to engage in, any spamming, phishing, or other illegal or unsolicited marketing activities;
(iii) to enable instant messaging interoperability in any manner, including but not limited to: (a) allowing an end user of one proprietary instant messaging network (e.g. Yahoo! Messenger) to communicate with an end user of a different proprietary instant messaging network, whether directly or indirectly; (b) providing instant messenger services to more than a single entity, contracting party, or instant messenger community, whether directly or indirectly; or (c) allowing an end user to access the Yahoo! Messenger services with a client other than the Yahoo! Messenger client, or through any hosted, java client or clientless means;
(iv) to store or archive any data sent by utilizing the Yahoo! Messenger Plug-In SDK, except as expressly permitted herein;
(v) in any manner or for any purpose that violates 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;
(vi) to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Yahoo! Messenger Plug-In SDK are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Yahoo! is not responsible;
(vii) sell, lease, or sublicense the Yahoo! Messenger Plug-In SDK or access thereto or derive income from the use or provision of the Yahoo! Messenger Plug-In SDK, whether for direct commercial or monetary gain or otherwise, without Yahoo!'s prior, express, written permission; or
(viii) use the Yahoo! Messenger Plug-In SDK in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with the API documentation, as determined by Yahoo! in its sole discretion.
(d). Submission Procedure. You must submit the final, proposed version of Your Plug-In for review. You will comply with the submission and review requirements, and signature identification instructions provided by Yahoo!. You will provide true, accurate, current and complete information about Yourself as required when You submit Your Plug-In for review, and maintain and promptly update such information to keep it true, accurate, current and complete at all times.
(e). If Your Plug-In is approved by Yahoo! for distribution:
(i) You will not materially alter modify the nature of the content that is displayed through Your Plug-In, to the extent You have control over such content.
(ii) If required to operate Your Plug-In, You will give Yahoo! free access accounts in order to allow Yahoo! to conduct ongoing monitoring of Your Plug-In.
(iii) You will comply with the security provisions at Section 13.
(iv) You may describe Your Plug-In on a website owned or controlled by You, and display a Yahoo! provided graphic link, along with the text "Compatible with Yahoo!". Such graphic link must link directly to the Yahoo! designated url, without any intervening advertisements or functionality (i.e. pop-ups, pop-unders), for so long as Yahoo! allows distribution of Your Plug-In.
(v) You grant Yahoo! a present right to use Your trademarks, domain names, and other brand features, in connection with the distribution, promotion and marketing of Your Plug-In, in any form, worldwide, including announcements on press releases or blog forums.
(vi) You are solely responsible for presenting an enforceable end user license agreement (and privacy policy if applicable) that governs Your contractual relationship with the end user, that clearly discloses that You, and not Yahoo!, are the owner and licensor of Your Plug-In, and which include at a minimum, terms that are at least protective of Yahoo!'s rights as those under Sections 1, 2, 6, 7, and 8 of these TOU.
(vii). The licenses and rights granted by Yahoo! to You under this TOU shall immediately terminate in the event that You initiate a legal or administrative proceeding against Yahoo! or any of its affiliates alleging that Yahoo! and/or any of its affiliates infringe(s) any patent rights.
Ownership and Relationship of Parties.
The Yahoo! Messenger Plug-In SDK is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Yahoo!'s rights apply to the Yahoo! Messenger Plug-In SDK and all output and executables of the Yahoo! Messenger Plug-In SDK, excluding any software components developed by You which do not themselves incorporate the Yahoo! Messenger Plug-In SDK or any output or executables of the Yahoo! Messenger Plug-In SDK. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these TOU and in the TOS, or required by any third parties. Yahoo! owns all rights, title, and interest in and to the Yahoo! Messenger Plug-In SDK. These TOU grant You no right, title, or interest in any intellectual property owned or licensed by Yahoo!, including (but not limited to) the Yahoo! Messenger Plug-In SDK and Yahoo! trademarks.
You assign to Yahoo! all ownership interest in any feedback, reporting, results, or any other information associated with the Yahoo! Messenger Plug-In SDK and Your Plug-In.
Your Plug-In is owned by You, expect for the Yahoo! Messenger Plug-In SDK therein.
Support.
Yahoo! may elect to provide You with support or modifications for the Yahoo! Messenger Plug-In SDK (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! Messenger Plug-In SDK at any time, including the availability of any Yahoo! Messenger Plug-In SDK. Yahoo! may also impose limits on certain features and services or restrict Your access to parts or all of the Yahoo! Messenger Plug-In SDK or the Yahoo! Web site without notice or liability.
Fees and Payments.
Yahoo! reserves the right to charge fees for future use of or access to the Yahoo! Messenger Plug-In SDK or the Yahoo! services and Web sites (collectively, "Yahoo! APIs Services") in Yahoo!'s sole discretion. If Yahoo! decides to charge for the Yahoo! APIs Services, Yahoo! will give You prior notice. You agree that You will not receive any compensation from Yahoo! in connection with Your Plug-In. Yahoo! has the sole right and discretion, to publish, display, sell or license advertising or promotional rights (i.e. sponsored links, audio ads, or other rich media) on any Yahoo! property and Yahoo! Messenger, including but not limited to, adjacent to Your Plug-In, or in any integration component or interface between Your Plug-In and Yahoo! Messenger. Yahoo! will retain any revenue generated from any sales or licenses of advertising or promotional rights.
Disclaimer of Any Warranty.
YAHOO! DOES NOT REPRESENT OR WARRANT THAT THE YAHOO! MESSENGER PLUG-IN SDK IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE YAHOO! MESSENGER PLUG-IN 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, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF THE YAHOO! MESSENGER PLUG-IN SDKIS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE YAHOO! MESSENGER PLUG-IN 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 YAHOO! MESSENGER PLUG-IN 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 OF SECTIONS 5 AND 6 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 Yahoo! Messenger Plug-In 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.
Representations and Warranties.
You represent and warrant to Yahoo! that: (a) You have the legal capacity and authority (including on behalf of any entity) to enter into these TOU; (b) all information provided by You to Yahoo! is true and accurate; and (c) that Your Plug-In shall not infringe any intellectual property rights of any third party including without limitation, any right of privacy, publicity, copyright, trademark, or patent; (d) Your Plug-In shall comply with all applicable laws, rules and regulations, including without limitation, consumer protection, data security, and privacy law, and (e) that You have all necessary authorizations, approvals, consents, licenses, permits, certificates and other rights and permissions necessary to provide to Yahoo!, and operate, Your Plug-In.
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 Yahoo! Messenger Plug-In 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.
(a). 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.
(b). You may not assign any of Your rights or delegate any of Your obligations under these TOU without prior consent from Yahoo!. Any attempt to assign or delegate any rights or obligations without Yahoo!'s prior written consent shall be null and void.
(c). 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.
(d). 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.
(e). 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.
(f). You will comply with any required license, export classification, or other approval from the U. S. Department of Commerce or any other agency or department of the United States Government for the export or import, either directly or indirectly, of Your Plug-In.
(g). You agree that monetary damages alone would be insufficient to compensate Yahoo! from Your breach of these TOU, acknowledge that irreparable harm would result from breach of these TOU, and hereby consent to the entering of an order for injunctive relief to prevent or stop any such breach or threatened breach, and the entering of an order for specific performance to compel Your performance of any obligations under these TOU.
(h). You acknowledge that Yahoo!, alone or with third parties, may currently or in the future be developing technology similar to Your Plug-In. These TOU may not be construed as a representation or agreement that Yahoo! will not develop or have developed for it products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in Your Plug-ins, provided that Yahoo! does not violate any of its obligations under these TOU. You acknowledge that Yahoo! retains sole discretion over the final specifications and guidelines related to the Yahoo! Messenger Plug-In SDK and the Yahoo! Properties. Yahoo! reserves the right to discontinue its Yahoo! Messenger Plug-In SDK program at anytime.
(i). 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.
Security Obligations.
Yahoo! takes end user security and privacy very seriously, and You agree to give us all necessary assistance for the operation of Your Plug-In in compliance with these TOU and any applicable laws.
(a). Contact and Cooperation. You (or the name of the contact You gave to Yahoo! when You submitted Your Plug-In for review if it's not You) must be reachable at all times for security questions or concerns. You can change this name or contact by emailing us at .
(b). Virus Precautions. All materials, including software and documents, that You provide to Yahoo!, must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free.
(c). Industry Standards. Your networks, operating system and software of its web server(s), routers, databases, and computer systems ("Plug-In Systems") must be properly configured to Internet industry standards, as required to securely operate Your Plug-In. If You do not completely control any aspect of the Plug-In Systems, You will use all control or influence that You have over such Plug-In Systems and/or selection of Plug-In Systems, and You will not architect or select Plug-In Systems in a manner to avoid the foregoing obligation. An example of an unacceptable server is one that operates as open proxy. An example of architecting in an unacceptable manner would be if You select a server operated by a vendor with substandard security practices, so that You could contend that You do not control such server, in order to avoid having to select an acceptable server.
(d). Reporting. You must promptly report any security deficiencies in or intrusions to Your Plug-In or Plug-In Systems that You discover to Yahoo! in writing via email to . You will work with Yahoo! to immediately correct any security deficiency, and will disconnect immediately any intrusions or intruder. In the event of any such security deficiency or intrusion, You will make no public statements (i.e. press, blogs, bulletin boards, etc.) without prior written and express permission from Yahoo! in each instance.
(e). Control Access to Plug-In Systems. To the extent You have control or influence over the Plug-In Systems, You will log (in a time and date-stamped fashion) all instances of access to the Plug-In Systems. You will encrypt the password and username files for the Plug-In Systems that store or process any Yahoo! user data that You are permitted by Yahoo! to access. Passwords must be unique, unintuitive, and changed often. You will minimize access to and use of the passwords. Wherever possible, commands which require additional privileges should be securely logged (with time and date) to enable a complete audit trail of activities. When an individual terminates his or her employment with You, his or her passwords and access password facilities must be terminated immediately.
(f). Security Reviews. Yahoo! will have the right, at its own expense, to review, or to have an independent third party that is not Your competitor, to inspect and review Your compliance with this Section 13. You will (at Your own expense) correct any security flaws detected by such a review as soon as possible. You will then promptly certify to Yahoo! in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. Yahoo! will give You 48 hours notice before conducting such a review, and may conduct no more than four reviews annually. Any such review will be conducted during regular business hours in such a manner as not to interfere with normal business activities. If a review reveals a material breach of this Section 13, You will reimburse Yahoo! for the reasonable costs of the review.
Version dated 3.5.08
