This is your Yahoo! WebPlayer License and Terms of Service (the “Agreement”) with Yahoo! Inc. (“Yahoo!”) governing your use of Yahoo! WebPlayer (the “Player”) that you may install on a third party website, network, service or platform (such as a blogging site) that is NOT owned and operated by Yahoo! and is owned and operated by you (collectively “Third Party Site”). By using the Player, you agree to be bound by the Yahoo! Terms of Service at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html (the “TOS”), which is incorporated herein by reference. The Player will access and distribute content or services licensed, owned or provided by either Yahoo! or a third party and your use of such Yahoo! content or service is governed by this Agreement and the TOS. Yahoo! can update and change this Agreement and TOS by posting a new version without notice to you. If you choose to use the Player after such changes, your use of constitutes your acceptance of the changes. You can find the most recent version of this Agreement by visiting the Yahoo! Info Center at http://info.yahoo.com/legal/us/yahoo/, and the most recent version of the TOS at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html.
Entire Agreement. This Agreement and the TOS constitute the entire agreement between you and Yahoo! and governs your use of the Player, superseding any prior agreements between you and Yahoo! with respect to the Player.
Choice of Law and Forum. This Agreement 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.
Assignment. You may not assign any of your rights or delegate any of your obligations under this Agreement without prior written consent from Yahoo!. Any attempt to assign or delegate any rights or obligations without Yahoo!'s prior written consent shall be null and void.
Non-Restrictive Relationship. The relationship of the Parties is not exclusive. Nothing in this Agreement will be construed as preventing Yahoo! or its affiliates from independently developing or providing applications that may be the same or similar.
Export. You will comply with any applicable license, import or export classification requirements or other approvals from the U. S. Department of Commerce or any other agency or department of the United States Government or the government of any other country for the export or import, either directly or indirectly, of the Player. Specifically, you agree that your use of the Player to build, test, release and publish software, technology, and other technical data may be subject to the export and import laws 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; (b) agree not to use the Player for military, nuclear, missile, chemical or biological weaponry end uses; and (c) agree not to build, test, release or publish via the Player any software, technology or other technical data in violation of U.S. or other applicable export or import laws
Waiver and Severability of Terms. The failure of Yahoo! to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 Agreement 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 Player, or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Cumulative Remedies. The rights and remedies of Yahoo! and its affiliates under the Agreement are not exclusive and may be exercised alternatively or cumulatively, with any other rights and remedies available under the Agreement or in law or equity.
Independent Contractors. The Parties are independent contractors. Nothing herein will be construed as creating any agency, partnership, or other form of joint enterprise between the parties. In addition, neither party may create any obligations or responsibilities on behalf of the other party.
Titles. The titles in this Agreement are for convenience only and have no legal or contractual effect. Your obligations in this Agreement survive any termination of this Agreement.
Version dated February 10, 2011