Licensed Uses and Restrictions.
Any communication by you to Yahoo is subject to these TOU and the TOS, and you grant to Yahoo all rights to use and incorporate such contents in YQL or its documentation, or any other Yahoo product or service without compensation to you and without further recourse by you.
Unless otherwise specified, use and redistribution of all computer code made available on the Yahoo Developer Network is permitted in source and binary forms, provided that the following conditions are met:
Redistributions in source code form must contain the copyright notice "Copyright © Yahoo! Inc. 2009, All Rights Reserved", this list of conditions, and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Yahoo nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Yahoo.
DISCLAIMER TO BE INCLUDED WITH YAHOO! COMPUTER CODE:
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
If your product or service uses or is based upon YQL, then YOU SHALL comply with the following:
The Yahoo Developer Network Attribution Policy located at http://developer.yahoo.com/attribution/.
All instructions provided in the YQL documentation on the Yahoo Developer Network.
You represent and warrant to Yahoo that: (a) you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute any content in or made available to Yahoo and Yahoo users by your use of YQL in the manner contemplated under this Agreement, and that use by Yahoo or others of any such content via the Service shall not violate the rights of any third party (e.g., copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including but not limited to any export, re-export, or import laws and the laws of any country in which your content or service is made available;
YOU SHALL NOT:
Use YQL in connection with or 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, any hacking, surveillance. Interception, or descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, 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;
Use YQL to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that YQL is 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;
Sell, lease, share, transfer, or sublicense YQL or derive income from the use of YQL in conjunction with Yahoo APIs or other web services, whether for direct commercial or monetary gain or otherwise, without Yahoo's prior, express, written permission;
Use YQL to collect or store login credentials (usernames and passwords, for example) or account information of third parties, or include your own login credentials or account information into code that uses YQL; or
Use YQL in a product or service that competes with products or services offered by Yahoo.
Collect from the Yahoo APIs, or use or disclose if obtained from the Yahoo APIs, or write to the Yahoo APIs, any Yahoo user data, personal information as defined by the Children's Online Privacy Protection Act, or other information associated with users under age 13.
Yahoo may elect to provide you with support or modifications for YQL (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 YQL at any time, including the availability of YQL. Yahoo may also impose limits on certain features and services or restrict your access to parts or all of YQL without notice or liability.
Fees and Payments.
Yahoo reserves the right to charge fees for future use of or access to YQL.
Disclaimer of Any Warranty.
YQL IS EXPERIMENTAL AND HAS NOT BEEN TESTED IN ANY MANNER. YAHOO! DOES NOT REPRESENT OR WARRANT THAT YQL IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
YQL 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, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF YQL IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF YQL 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 YQL, 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 YQL. 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.
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 YQL (including anything you develop using YQL), 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.