This license constitutes a legally binding agreement between you and Yahoo! Southeast Asia Pte. Ltd. (Co. Reg No.199700735) (the "License"). By installing and using the Software (as defined below), you accept all terms and conditions of this License. Yahoo! can update and change this License by posting a new version at http://info.yahoo.com/legal/vne/yahoo/eula/messenger/ without notice to you. You understand and acknowledge that your continued use of the Software, and the continued use by anyone to whom you have rightfully distributed this software pursuant to this License, constitutes your agreement to and acceptance of all such changes and updates and that absent such effective consent, use of the Software is not authorized.
The software, documentation, files and materials you receive through this installer or through any subsequent update, revision, or Yahoo! substitution to the software, documentation, files or materials (collectively, the "Software") are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth in this License and any updates or changes to this License. This License covers all copies of the Software made by or for you. All rights not expressly granted to you are reserved by Yahoo! or their respective owners.
Here's what you can do with the Software:
Here's what you can NOT do with the Software:
The Software is designed for consumer, personal use. It is not designed for enterprise, commercial, or human safety purposes. Its failure in such cases could lead to injury or damage for which you agree that Yahoo! is not responsible.
AUTO-UPDATER FEATURE. From time to time, Yahoo! may automatically download the latest version of the Software and notify you when it's ready to install. Visit the 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 before you can install the update on your computer.
HOW TO UNINSTALL. To uninstall, 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, and you are done. You may have to reboot to remove some components. To remove on operating systems other than Windows, follow the standard instructions from the operating system developer for removing third party applications.
THIRD PARTY SOFTWARE, HARDWARE, AND SERVICES. You are responsible for all third party software, hardware, and services used in connection 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.
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.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS". YOU BEAR THE RISK OF USING IT. THE YAHOO ENTITIES GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE "YAHOO! ENTITIES") SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO! ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE.
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.
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, and is the sole source or your rights concerning use of the Software.
Choice of Law and Forum. This License and the relationship between you and Yahoo! shall be governed by the laws of Singapore without regard to its conflict of law provisions. You and Yahoo! agree to submit to the personal and non-exclusive jurisdiction of the courts located within Singapore.
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 Software, or this License, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The titles in this License are for convenience only and have no legal or contractual effect. Those provisions in this License that by their nature are intended to survive, will survive any termination of this Agreement.
You (or the organization that you have the authority to bind, if applicable) agree to indemnify and hold the Yahoo! Entities 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 Yahoo! 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.