By using the Yahoo! Messenger IM SDK, you agree to this TOU (http://info.yahoo.com/legal/us/yahoo/messengerimapi/tou.html) and the Yahoo! Terms of Service (“TOS”) (http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html). This TOU also incorporates by reference all Guidelines documents associated with the Yahoo! Messenger IM SDK, including without limitation the general guidelines (http://info.yahoo.com/guidelines/us/yahoo/ydn/ydn-3955.html), and the Guidelines for Yahoo! Messenger IM SDK Applications at http://ydnint.doc.ydn.yahoo.com/messenger/guide/chapterguidelines.html (collectively, the “Guidelines”). The TOS, TOU, and Guidelines are collectively referred to herein as the “SDK Documents.” Yahoo! does not grant you a license to use the Yahoo! Messenger IM SDK unless you agree to and accept the SDK Documents. In the event of any inconsistency amongst the Guidelines, the TOU and the TOS, in order of priority, the TOU will first control, then the TOS and then the Guidelines.
PLEASE NOTE that the Guidelines contain implementation requirements and important restrictions with respect to rate limits and permitted territories for the program. Please read the Guidelines prior to accepting the SDK Documents.
Yahoo! Inc. ("Yahoo!") reserves the right to update and change the SDK Documents from time-to-time, including posting new versions without notice to you. You can always find the most recent version of the SDK Documents at the links set forth above. Use of the Yahoo! Messenger IM SDK after such change constitutes your acceptance of such changes.
Yahoo! owns the Yahoo! Messenger IM SDK and Yahoo! Messenger, Y-Bang, Smiley with Y-Bang, and Smiley Logos and licenses them to you on a worldwide (except for residents of, and sites or applications directed to users in, the United States or Canada) (the “Territory”), limited, non-exclusive, non-sublicensable, revocable basis to create products and services (“Your Application”) pursuant to the terms of the SDK Documents. The TOU and Guidelines define permitted use of the Yahoo! Messenger IM SDK, including for Your Application, and all updates, revisions, substitutions, and documentation related thereto. Yahoo! reserves all rights not expressly granted to you.
You may not, and may not allow third parties to, store, collect, monitor, or scan any Yahoo! user data transmitted via the Yahoo! Messenger IM SDK. Further, you shall not disclose any Yahoo! user data to any third parties, including government or law enforcement entities, without Yahoo!’s prior written consent.
The Yahoo! Messenger IM 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 IM SDK and all output and executables of the Yahoo! Messenger IM SDK, excluding any software components developed by you which do not themselves incorporate the Yahoo! Messenger IM SDK or any output or executables of the Yahoo! Messenger IM 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 the SDK Documents. Yahoo! owns all rights, title, and interest in and to the Yahoo! Messenger IM 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 IM SDK, Yahoo! emoticons, Yahoo! logos, and Yahoo! trademarks, unless otherwise specified herein.
Yahoo! may elect to provide you with support or modifications for the Yahoo! Messenger IM 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 IM SDK at any time, including the availability of any Yahoo! Messenger IM SDK. Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo! Messenger IM SDK.
Yahoo! reserves the right to charge fees for future use of or access to the Yahoo! Messenger IM SDK and the Yahoo! services and Web sites (collectively, "Yahoo! Messenger IM SDK Services") in Yahoo!'s sole discretion. If Yahoo! decides to charge for the Yahoo! Messenger IM SDK Services, Yahoo! will provide you prior notice of such charges.
YAHOO! DOES NOT REPRESENT OR WARRANT THAT THE YAHOO! MESSENGER IM SDK IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. YAHOO PROVIDES THE YAHOO! MESSENGER IM SDK "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 IM SDK IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE YAHOO! MESSENGER IM SDK INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
YAHOO! SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE YAHOO! MESSENGER IM 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.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
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 IM SDK. 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 that you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you agree to defend, 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 violation of the SDK Documents or your use of the Yahoo! Messenger IM SDK (including Your Application and Your Content), 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.