Licensed Uses and Restrictions.
If your product or service uses or is based upon the Yahoo Maps APIs, then YOU SHALL comply with the Yahoo Developer Network Attribution Policy located at http://developer.yahoo.com/attribution/. You understand and agree that you must retain the attribution text and links contained within all Yahoo Maps and Yahoo Map images without alteration.
YOU SHALL use instructions provided in the Yahoo Maps APIs to place application identification information (application ID) into any application or service you develop that incorporates or makes any use of the Yahoo Maps APIs. You may only create a single application ID per application or service and such application ID must accompany all web services requests coming from that application or service. You can sign up for an application ID at http://search.yahooapis.com/webservices/register_application . You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple application IDs.
If you wish to confirm that your application constitutes an acceptable use of the Yahoo Maps APIs or wish to inquire about rate limit increases, register your application with us.
YOU SHALL NOT:
(i) use the Yahoo Maps APIs 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), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/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;
(iii) use the Yahoo Maps APIs to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Yahoo Maps APIs are 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;
(iv) sell, lease, or sublicense the Yahoo Maps APIs or access thereto without Yahoo's prior, express, written permission;
(v) use the Yahoo Maps APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the Yahoo Maps API documentation located within http://developer.yahoo.com/maps/, as determined by Yahoo in its sole discretion;
(vi) use the Yahoo Maps APIs with location information that is less than 6 hours old and derived from a GPS device or any other location sensing device;
(vii) use the Yahoo Maps APIs with location information derived from a GPS device or any other location sensing device where such information was not uploaded to your application or service directly by the end user;
(viii) store or allow end users to store map imagery, map data or geocoded location information from the Yahoo Maps APIs for any future use;
(ix) use the stand-alone geocoder for any use other than displaying Yahoo Maps or displaying points on Yahoo Maps;
(x) publish or display, or allow other users to publish or display, any geocoded location information using any Yahoo Maps APIs; or
(xi) use the Yahoo Maps APIs in a product or service that competes with products or services offered by Yahoo.
Ownership and Relationship of Parties.
Yahoo may elect to provide you with support or modifications for the Yahoo Maps APIs (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 Yahoo Maps APIs at any time, including the availability of any Yahoo Maps APIs. Yahoo may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo Maps APIs or the Yahoo web site without notice or liability. Please register your application for priority notification of status alerts.
Fees and Payments.
Yahoo reserves the right to charge fees for future use of or access to the Yahoo Maps APIs or the Yahoo services and web sites (collectively, "Yahoo Maps APIs Services") in Yahoo's sole discretion. If Yahoo decides to charge for the Yahoo Maps APIs Services, such charges will be disclosed to you prior to their effect. Yahoo also reserves the right to include advertising in or associated with the maps images provided to you through the Yahoo Maps APIs. Similarly, if Yahoo decides to include advertising, such decision will be disclosed to you prior to its effect. Any notice hereunder may be provided on relevant Yahoo websites, including but not limited to the Yahoo Maps API discussion group or on the Yahoo Developer Network at http://developer.yahoo.com/maps/.
Disclaimer of Any Warranty.
SOME OF THE YAHOO! MAPS APIS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. YAHOO! DOES NOT REPRESENT OR WARRANT THAT ANY YAHOO! MAPS APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE YAHOO! MAPS APIS ARE 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, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF YAHOO! MAPS APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY YAHOO! MAPS APIS 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 THE YAHOO! MAPS APIS, 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 Yahoo Maps APIs. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 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 Yahoo Maps APIs, 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.
Version dated 3.5.08