Welcome to the FoxyTunes Client (the "FoxyTunes Software"). By clicking the acceptance button or by installing or using the FoxyTunes Software, you agree to these software license terms (the "Software License") that supplement the Yahoo! Terms of Service ("TOS") located at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html. If you disagree with any of the terms below, Yahoo! does not grant you a license to use the FoxyTunes Software; and you should uninstall the FoxyTunes Software from your computer or click the "I Disagree" or the cancellation button to exit the installer.
Yahoo! reserves the right to update and change, from time to time, this Software License and all documents incorporated by reference. You can always find the most recent version of this Software License at http://info.yahoo.com/legal/us/yahoo/music/foxytunes/foxytunes-3920.html. Yahoo! may change this Software License by posting a new version without notice to you. Use of the FoxyTunes Software after such change constitutes acceptance of such changes.
Licensed Uses and Restrictions.
The FoxyTunes Software application(s), documentation, and local computer files installed or utilized by the installer application (collectively, the "FoxyTunes Software") are owned by Yahoo! and/or Yahoo!'s licensors and content and data providers ("Yahoo! Licensors") and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. This Software License defines legal use of the FoxyTunes Software, all updates, revisions, substitutions, and any copies of the FoxyTunes Software made by or for you. All rights not expressly granted to you are reserved by Yahoo! or their respective owners.
(i) install and personally use the FoxyTunes Software and any updates provided by Yahoo! (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the FoxyTunes Software for your own noncommercial use or benefit, at home, at school, at work or at any other location.
(ii) freely copy and distribute the FoxyTunes Software provided that; (A) you do not charge any money for the FoxyTunes Software; (B) you do not bundle the FoxyTunes Software with any commercial software or hardware products; (C) any end users who install, access, or use the FoxyTunes Software shall also be subject to this Software License; and (D) you comply with all the remaining terms and conditions of this Software License including, without limitation, the prohibition on modifying the FoxyTunes Software and the requirement that you comply with applicable laws and export control regulations.
Your license to the FoxyTunes Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all or any of the FoxyTunes Software and by destroying all your copies of the applicable FoxyTunes Software. This Software License terminates automatically if you violate any term of this Software 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.
YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the FoxyTunes Software or any portion thereof.
(ii) incorporate the FoxyTunes Software into any computer chip or the firmware of a computing device manufactured by or for you.
(iii) access the FoxyTunes Software or its modules from another program or software component, including without limitation scripts and automated tools.
(iii) use the FoxyTunes Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with TOS or this Software License.
(iv) use the FoxyTunes Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the TOS or this Software License.
(v) use the FoxyTunes Software to operate nuclear facilities, life support or other mission critical application where human life or property may be at stake. You understand that the FoxyTunes Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Yahoo! is not responsible.
(vi) use or export the FoxyTunes Software in violation of applicable U.S. laws or regulations.
(vii) sell, lease, loan, or sublicense the FoxyTunes Software or access thereto or derive income from the use or provision of the FoxyTunes Software, whether for direct commercial or monetary gain or otherwise, without Yahoo!'s prior, express, written permission. Please contact us at firstname.lastname@example.org if you are interested in commercial use of the Software
Export and Import Compliance. The FoxyTunes Software is subject to the export and import controls of the United States and other countries. You agree to comply strictly with all applicable export and import laws and regulations. In particular, you: (a) represent and warrant that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer the FoxyTunes Software or use Yahoo! products to export or re-export to parties identified on such lists; (b) agree not to use the FoxyTunes Software for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to directly or indirectly transfer or facilitate the transfer of the FoxyTunes Software to countries subject to U.S. embargo or trade sanctions.
Ownership and Relationship of Parties.
The FoxyTunes Software is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License and in the TOS. Yahoo! and Yahoo!'s Licensors own all rights, title, and interest in and to their applicable contributions to the FoxyTunes Software. Except as explicitly stated in this Software License and subject to the terms and conditions of this Software License, this Software License grants you no right, title, or interest in any intellectual property owned or licensed by Yahoo!, including (but not limited to) the FoxyTunes Software and Yahoo! trademarks, and creates no relationship between yourself and Yahoo!'s Licensors, or between you and Yahoo!, other than that of Yahoo! to licensee.
The FoxyTunes Software, and its components contain software licensed from Yahoo! Licensors ("Licensor Software"). The Licensor Software may enable the FoxyTunes Software to perform certain functions, including without limitation, access proprietary data on third party data servers. You agree that you will use the FoxyTunes Software and any data accessed through the FoxyTunes Software for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the FoxyTunes Software, or any data obtained through the FoxyTunes Software to any third party. Your license to use the FoxyTunes Software, its components, and any third party data will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the FoxyTunes Software, its components, and any third party data. All rights in any third party data, any third party software, and any third party data servers, including all ownership rights, are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name. Attributions, specific licenses, and additional information for certain third party components that are incorporated into the FoxyTunes Software are specified in the copyright notice file delivered with the Software and also available here: http://info.yahoo.com/legal/us/yahoo/music/foxytunes/ftattribution/ftattribution-4652.html.
Support and Software Updates.
Yahoo! may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the FoxyTunes Software (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 FoxyTunes Software at any time, including the availability of any FoxyTunes Software feature, database, or content. Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the FoxyTunes Software 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 FoxyTunes Software or the Yahoo! services and web sites (collectively, "FoxyTunes Software Services") in Yahoo!'s sole discretion. If Yahoo! decides to charge for the FoxyTunes Software Services, such charges will be disclosed to you prior.
Disclaimer of Warranties by Yahoo!.
USE OF THE FOXYTUNES SOFTWARE AND ANY DATA ACCESSED THROUGH THE FOXYTUNES SOFTWARE (SUCH AS MUSIC, VIDEOS, TELEVISION CONTENT, IMAGES, NEWS OR OTHER INFORMATION) IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS".
YAHOO!, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "YAHOO! ENTITIES") AND YAHOO! LICENSORS DO NOT REPRESENT THAT THE FOXYTUNES SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
YAHOO! ENTITIES AND YAHOO! LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE FOXYTUNES SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE FOXYTUNES SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IF THE FOXYTUNES SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE YAHOO! ENTITIES OR THE YAHOO! LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE YAHOO! ENTITIES OR YAHOO! LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE FOXYTUNES SOFTWARE BY YOURSELF OR BY THIRD PARTIES, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE FOXYTUNES SOFTWARE, YOUR USE OF OR INABILITY TO USE OR ACCESS THE FOXYTUNES SOFTWARE, OR ANY DATA PROVIDED THROUGH THE FOXYTUNES SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, AND LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE FOXYTUNES SOFTWARE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE YAHOO! ENTITIES AND YAHOO! LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. YAHOO! MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE FOXYTUNES SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE FOXYTUNES SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT AND HOURS OF AVAILABILITY.
You agree to indemnify and hold the Yahoo! Entities and Yahoo! Licensors 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 FoxyTunes 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.
This Software License and the relationship between you and Yahoo! is 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. The United Nations Convention on the International Sale of Goods does not apply to this Software License.
No General Waiver; Severability.
The failure of Yahoo! to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software 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 Software License remain in full force and effect.
This Software License and the TOS constitute the entire understanding between the parties respecting use of the FoxyTunes Software, superseding all prior agreements between you and Yahoo! respecting such use. In the event of any conflict between the terms and conditions of this Software License and those in the TOS, the terms and conditions of this Software License will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions.
Sections 1(b), 1(c), 2, and 4 through 11, will survive any termination of this Agreement.