Welcome to Yahoo! software! This is your agreement with Yahoo! (the “License”) for your use of this software. Yahoo! reserves the right to update and change, from time to time, this License and all documents incorporated by reference. You can find the most recent version of this License by visiting the Yahoo! Info Center at http://info.yahoo.com/legal/us/yahoo/uploader/details.html . Yahoo! may change this License by posting a new version without notice to you. Your use of the Software after such change means you agree to such changes.
LICENSE
The software, documentation, and files installed or utilized during 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 governs all updates, revisions, substitutions, and any copies of the Software made by or for you. All rights not expressly granted to you are reserved by Yahoo! or their respective owners.
YOU MAY install and personally use the Software and any updates provided by Yahoo! (in its sole discretion) in object code form on a personal computer or mobile device owned or controlled by you and may use the Software for your own noncommercial use or benefit. All use of the Software, whether or not authorized by you, shall be deemed your use. You are responsible for protecting the confidentiality of any passwords that may be associated with the use of the Software, and for ensuring that any and all uses of the Software comply with this License and all applicable laws.
RESTRICTIONS
YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from the Software or any portion thereof, or otherwise attempt to discover any source code or protocols (including but no limited to interface protocols) in the Software.
(ii) obtain or attempt to obtain unauthorized access to the Yahoo! network;
(iii) incorporate the Software into any hardware or software of any device manufactured by or for you.
(iv) use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this License.
(v) use the 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 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, export, or re-export the Software in violation of applicable U.S. laws or regulations;
(vii) 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; or
(vii) use the Software in connection with acts of terrorism or violence.
INTELLECTUAL PROPERTY. Yahoo! and its affiliates (collectively, "Yahoo!") and Yahoo!'s suppliers own all rights, title, and interest in and to their applicable contributions to the Software. This License creates no relationship between yourself and Yahoo!'s suppliers, or between you and Yahoo! other than that of Yahoo! to licensee. You agree to comply with any copyright, trademark, service mark, international treaties and/or other proprietary rights and laws of the U.S. and other countries, as well as any additional copyright notices or restrictions contained in this License. You agree that, except as otherwise expressly provided in this License, there shall be no third party beneficiaries to this License.
YAHOO! SERVICES. Your access to and use of any Yahoo! services while using this Software are subject to the Yahoo! Terms of Service and the Yahoo! Privacy Policy, and may be subject to additional terms and conditions. Unless Yahoo! expressly states otherwise, your access to any third party services or content while using this Software is not the responsible of Yahoo!.
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.
AUTO-UPDATER FEATURE. From time to time, Yahoo! may automatically download the latest version and notify you when it’s ready to install. Visit the applicable Privacy Module to find out more about this feature. If you wish to update your software, you must agree to the then current Terms of Service in order for the update to be installed on your computer.
HOW TO UNINSTALL. Instructions on how to uninstall the Software may vary depending on the Internet web browser you are using with the Software. For Internet Explorer, 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. You may have to reboot to remove some components. For Mozilla Firefox, go to the Tools menu, then select add-ons, select the Software, select the uninstall button, and restart the browser. If the Software becomes available for use other browsers, please refer to the Yahoo! website for further uninstall information.
FEES. Yahoo! reserves the right to charge fees for future use of or access to the Software in Yahoo!'s sole discretion.
THIRD PARTY SOFTWARE, HARDWARE, AND SERVICES. You are responsible for all third party software, hardware, and services necessary to use 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.
DISCLAIMER OF WARRANTIES. USE OF THE SOFTWARE AT YOUR SOLE RISK. IT IS PROVIDED "AS IS". YAHOO!, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "YAHOO! ENTITIES") AND YAHOO!’S SUPPLIERS DO NOT REPRESENT THAT THE SOFTWARE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. THE YAHOO! ENTITIES AND YAHOO!’S SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF THE SOFTWARE 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!’S SUPPLIERS 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 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!’S SUPPLIERS 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, YOUR USE OR INABILITY TO USE OR ACCESS THE 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, 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.
INDEMNITY. You agree to indemnify and hold the Yahoo! Entities and Yahoo!’s Suppliers 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 Software, your violation of any terms or conditions of this License, your violation of applicable laws, or your violation of any rights of another person or entity.
GOVERNMENT END USERS. If the Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of this License apply.
TERMINATION. Your license to the Software under 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.
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 Service, or this License, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this License are for convenience only and have no legal or contractual effect.
Sections 2-15 will survive any termination of this Agreement.
Acknowledgements:
Versions of this software contain components from the following suppliers: TinyXML, originally written by Lee Thomason (see www.sourceforge.net/projects/tinyxml); Windows Template Library (http://wtl.sourceforge.net). Copyright © 2005 Microsoft Corporation. All rights reserved. Imagemagick. Copyright 1999-2007 ImageMagick Studio LLC. The Imagemagick software is available at http://www.imagemagick.org/ under the license terms set forth below.
Copyright 1999-2007 ImageMagick Studio LLC, a non-profit organization dedicated to making software imaging solutions freely available.
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