Rogers Hi-Speed Internet End-User License Agreements
END-USER LICENSE AGREEMENTS FOR SOFTWARE
In order to use or enhance your use of the Rogers Hi-Speed Internet services (the "Services") you will need to install certain software, including Rogers Cable Communications Inc. ("Rogers") software, Yahoo! Inc. and its affiliates (collectively "Yahoo!") software and certain Third Party Software. Prior to installing or using the current version of the Software you must first agree to the end-user license agreements below and any agreements that are displayed during installation. These end-user license agreements are legally binding contracts that should be read in their entirety. The installation process may be via a CD-rom or a web-based download process. "Software" means the Rogers Software, the Yahoo! Software and the Third Party Software, collectively. "Third Party Software" means any third party software, including but not limited to software from Macromedia, Inc., Microsoft Corporation and Adobe Systems Inc., and the Optional Software.
If you click on the "I Accept" button, you acknowledge that you have read, understand and agree to be bound by the terms and conditions of the end-user license agreements below. If you click on the "I Decline" button, you are not granted a license to install and use any of the Software.
This installation process contains optional Third Party Software you may wish to install, including Zone Alarm from Zone Labs, Inc. and TrueSwitch from Esaya Inc. ("Optional Software"). The Optional Software is licensed under separate end-user license agreements that you must agree to prior to installation. Declining to install the Optional Software will not impact your ability to use the Services, except that you may not be able to read or view certain documents without appropriate replacement software.
You acknowledge and agree that neither Rogers nor Yahoo! is liable or responsible to you or any third party for the Software, or your use of the Software, including any Third Party Software that you may use or access while using the Services. Neither Rogers nor Yahoo! accepts liability for or makes any representations, warranties or conditions regarding the Software, including without limitation, the Software's accuracy, suitability for a particular purpose, merchantable quality, whether it is free or will remain free, or otherwise. You bear the entire risk and cost associated with the use of the Software, including impaired performance of the Services or your computer if you install (or choose not to install) any of the Software. Any obligations of Rogers, Yahoo! or any third party hereunder are several and not joint.
You acknowledge that the privacy policies of Rogers and Yahoo! do not extend to information collected by third parties while you are on a third party web site. You agree that you are responsible for reviewing and consenting to any third party privacy policies before disclosing personal information to such third party.
During registration and installation of the Software, you agree that Rogers, Yahoo! and the other licensors contemplated by this agreement may use or implement "session cookies" or "persistent cookies" to help you successfully complete the registration and installation process. Session cookies are used only during the registration and installation process and may override certain of your Internet browser settings. The session cookies are removed upon completion of the registration and installation process. A "session cookie" for purposes of this agreement is generally defined as a cookie with a small piece of text that is sent to your browser when you access a web site or server. The session cookie will be stored temporarily in your computer's RAM (random access memory). It is cancelled when you close your browser and the session is ended. The session cookie may be written to the temporary folders or cached on your computer, but will not permanently overwrite the browser or control settings on your computer. A "persistent cookie" for purposes of this agreement is generally a cookie with a small piece of text that is sent to your browser when you access a web site or server and is stored on your computer's disk.
ROGERS SELF HEALING SOFTWARE LICENSE AGREEMENT
ROGERS IS PLEASED TO PROVIDE TO ITS CUSTOMERS SELF HEALING SOFTWARE (INCLUDING ANY THIRD PARTY SOFTWARE THAT MAY BE CONTAINED THEREIN), ANY RELATED UPDATES AND SUPPORTING MATERIALS (IN PRINTED OR ELECTRONIC FORMAT) (TOGETHER "ROGERS SOFTWARE") FOR USE WITH THE SERVICES. AS A CONDITION OF USING THE ROGERS SOFTWARE, YOU AGREE TO ACCEPT AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT IN PART A OF THIS AGREEMENT ("ROGERS AGREEMENT"). ROGERS RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE PORTIONS OF THIS ROGERS AGREEMENT AT ANY TIME WITHOUT YOUR CONSENT OR AUTHORIZATION. ROGERS WILL NOTIFY YOU OF ANY CHANGES TO THIS ROGERS AGREEMENT BY POSTING NOTICE OF SUCH CHANGES ON THE ROGERS WEBSITE OR BY SENDING NOTICE VIA E-MAIL OR POSTAL MAIL. YOUR CONTINUED USE OF THE ROGERS SOFTWARE FOLLOWING NOTICE OF SUCH CHANGE MEANS THAT YOU AGREE TO AND ACCEPT THIS ROGERS AGREEMENT, AS AMENDED. IF YOU DO NOT AGREE TO ANY SUCH CHANGE, YOU MUST IMMEDIATELY STOP USING THE ROGERS SOFTWARE AND YOU MUST COMPLY WITH THE OBLIGATIONS SET OUT IN SECTION 8 BELOW.
- Grant of License. Rogers grants to you a limited, non-exclusive, non-transferable, no-fee, revocable license to:
- install and use one copy of the executable code of the Rogers Software on any personal computer within a single premises that is connected to the Services; and
- copy the Rogers Software for archival purposes, provided any copy must contain all of the original Rogers Software proprietary notices.
- Restrictions. You acknowledge and agree that this is a license and not a transfer of ownership in the Rogers Software. You may not:
- rent, lease, sell, sublicense, assign, distribute or otherwise transfer any portion of the Rogers Software or use it for any purpose other than in association with the Services;
- permit concurrent use of the Rogers Software (unless such use is pursuant to an additional agreement);
- reverse engineer, decompile or disassemble any portion of the Rogers Software, except and only to the extent that this limitation is expressly prohibited by applicable law;
- copy (other than as specified above), modify, alter or tamper with the Rogers Software (including without limitation the removal of any copyright or other proprietary notices from the Rogers Software) or create any derivative works of the Rogers Software;
- attempt to defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms;
- use the Rogers Software in a manner that is contrary to applicable law or inconsistent with this Rogers Agreement; or
- use the Rogers Software for commercial purposes.
- Intellectual Property Rights, Ownership. All title and intellectual property rights in and to the Rogers Software (including any features incorporated into the Rogers Software) are owned by Rogers, its licensors or suppliers. All title and intellectual property rights in and to the content which may be accessed through the use of the Rogers Software are the intellectual property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Rogers Agreement gives you no rights to such content.
- Rogers Software Features, Support. Rogers may make modifications to (including discontinue or suspend) any aspect or feature of the Rogers Software at any time. Your continued use of the Rogers Software means you agree to them. Nothing in this Rogers Agreement imposes upon Rogers any obligation to provide any Rogers Software support, including any updates to the Rogers Software.
- Rogers Software Provided "As Is". ROGERS, ITS LICENSORS AND SUPPLIERS PROVIDE THE ROGERS SOFTWARE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND INCLUDING BUT NOT LIMITED TO THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF ANY OF THE ROGERS SOFTWARE OR ANY FEATURE OF ANY OF THE ROGERS SOFTWARE. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY OR ARISING OUT OF THE USE OF OR PERFORMANCE OF ANY ROGERS SOFTWARE IS WITH YOU. THERE ARE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS WHATSOEVER (INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES OR OTHER DISABLING CODE, SECURE OPERATION, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS AND WORKMANLIKE EFFORT) WITH REGARD TO THE ROGERS SOFTWARE AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
- Indemnification. You hereby agree to indemnify and hold harmless Rogers and its affiliates, licensors, suppliers and agents and their respective officers, employees, directors and representatives (each a "Rogers Party") from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by any Rogers Party arising out of or relating to:
- your violation or breach of any term, condition, representation or warranty of this Rogers Agreement or any applicable policy or guideline;
- your use of or inability to use the Rogers Software; or
- your violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party.
- Limitation of Liability. Rogers Parties will not be liable to you or to any third party for:
- any direct, indirect, incidental, special, punitive or consequential losses or damages of any kind, including: loss of profits; loss of earnings; loss, theft, destruction, interception, misdelivery or alteration of data or other information; loss of business opportunities; property damage; personal injuries (including death); or any other foreseeable or unforeseeable loss resulting directly or indirectly out of, pertaining in any way to or otherwise arising in connection with this Rogers Agreement, the Rogers Software or any oral or written statements, advertisements or promotions relating to this Rogers Agreement or to the Rogers Software, even if Rogers was advised of the possibility of such damages or was negligent; and
- any losses, claims, damages, expenses, liabilities or costs (including, without limitation, reasonable legal fees and other litigation expenses) resulting directly or indirectly out of, or otherwise arising in connection with, any claim that the use or intended use of the Rogers Software infringes the copyright, patent, trade-mark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.
- Termination. This Rogers Agreement (including the license granted in Section 1) shall terminate automatically if:
- you fail to comply with any of the terms or conditions described herein;
- the Services with which the Rogers Software is used are terminated or expire; or
- Rogers publicly posts a written notice of termination on the Rogers website or sends a notice via e-mail or postal mail.
- Arbitration. Any claim, dispute or controversy (whether in contract or tort, pursuant to any statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) this Rogers Agreement, including without limitation any license granted pursuant to Section 1; (b) the Rogers Software; (c) oral or written statements, advertisements or promotions relating to this Rogers Agreement or to the Rogers Software; (d) the relationships that result from this Rogers Agreement (including relationships with third parties) (collectively the "Claim"), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). You agree to waive any right you may have to commence or participate in any class action against Rogers related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Rogers. If you have a Claim you should give written notice to arbitrate to Rogers at the address obtained by following the instructions in Section 11. If Rogers has a Claim it will give you notice to arbitrate at the address you have provided to Rogers in association with the Services with which the Rogers Software is used. Arbitration of Claims will be conducted in such forum and pursuant to such rules as you and Rogers agree upon, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice to arbitrate.
- Multiple Users. You agree to cause all persons who use the Rogers Software through your personal computer to observe and comply with the terms and conditions of this Rogers Agreement respecting such use. You further agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Rogers Agreement, whether such breach is the result of use of the Rogers Software by you or by any other user of your personal computer.
- Contact Address. For any inquiries or notices required in connection with this Rogers Agreement you agree to contact Rogers via e-mail at firstname.lastname@example.org.
- Governing Law. This Rogers Agreement is exclusively governed by the laws of the province in which you are using the Rogers Software.
If you click on the "I Accept" button, you acknowledge that you have read, understand and agree to be bound by the terms and conditions of this Rogers Agreement.
- Grant of License. Rogers grants to you a limited, non-exclusive, non-transferable, no-fee, revocable license to:
- YAHOO! SOFTWARE LICENSE AGREEMENT
The following agreement ("Yahoo! License Agreement") explains how you may use the Yahoo! Software. "Yahoo! Software" means the Yahoo! software applications, documentation, local computer files and any updates furnished by Yahoo! in its sole discretion. The Yahoo! Software contains Third Party Software (as defined above) licensed from third parties that enables Yahoo! Software to perform certain functions, including without limitation, to access proprietary data on third party data servers.
- Agreement and Capacity of User
By clicking on the "I Accept" button, you acknowledge and agree that you have read, understand and agree to abide by the terms and conditions of this Yahoo! License Agreement and you represent to Yahoo! that you have attained the age of majority in your province or territory of residence.
- Ownership of Software and Grant of Limited License
The Yahoo! Software is owned by Yahoo! (or Yahoo!'s licensors) and is licensed to you on a worldwide, non-exclusive, non-transferable basis, subject to the limitations below. All rights not expressly granted to you are reserved by Yahoo!. By installing the Yahoo! Software, you agree to comply with the terms and conditions of this Yahoo! License Agreement, applicable laws, regulations and any additional Yahoo! policies and third party policies accompanying the data, products or services you may access using the Yahoo! Software.
- Yahoo! grants you the right to:
- install the Yahoo! Software in object code form on a single personal computer owned or controlled by you;
- use the Yahoo! Software for your own personal non-commercial use or benefit;
- make a single archival copy, which must contain all copyright and other proprietary notices present in the original Yahoo! Software. You are not allowed to make any other copies; and
- terminate this Yahoo! License Agreement by discontinuing use of all or any of the Yahoo! Software.
- You represent and warrant that YOU WILL NOT:
- decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as further defined by the U.S. Copyright Act) or improvements (as further defined by U.S. patent law) from the Yahoo! Software or any portion thereof, or seek to obtain intellectual property protection for the Yahoo! Software or any portion thereof;
- incorporate the Yahoo! Software into any computer chip or the firmware of a computing device manufactured by or for you;
- use the Yahoo! Software in an unlawful manner, for an unlawful purpose, or in a manner inconsistent with this Yahoo! License Agreement;
- interfere with or disrupt Yahoo! computer networks, Yahoo! Web sites, or data, products or services you access using the Yahoo! Software;
- use the Yahoo! Software for commercial purposes, including to operate a business, whether for yourself or for the benefit of another person or entity;
- use the Yahoo! Software to operate nuclear facilities, life support or other medical equipment, manufacturing or construction equipment, weapons systems, aircraft or nautical navigation or communication systems, air traffic control systems, or for any other mission critical application where human life or property may be at risk. You understand that the Yahoo! 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 licensor is not responsible;
- use the Yahoo! Software while driving, biking, boating, operating heavy machinery or engaging in any other potentially hazardous activity. You understand that death, personal injury, or property damage may result from use of the Yahoo! Software while engaged in these activities;
- use, acquire, ship, transport, export, or re-export the Yahoo! Software, except as authorized by Yahoo! and as permitted by applicable law, including without limitation the Export Administration Regulations of the U. S. Department of Commerce, as amended from time to time. In particular, but without limitation, the Yahoo! Software may not be acquired, shipped, transported, exported, or re-exported (1) into (or to a national or resident of) any U.S. embargoed country or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list;
- sell, rent, lease, loan, distribute, transfer, or sublicense the Yahoo! Software for any reason, including to derive income, without Yahoo!'s prior express written permission;
- assign, copy, transfer or transmit the Yahoo! Software to any third party or attempt to transfer or assign your rights under this Yahoo! License Agreement to third party, or;
- misrepresent your identity or a third party's identity, or harass, slander, defame or otherwise violate the rights of any third party through use of the Yahoo! Software, or make available through the Yahoo! Software any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any material is not protected by copyright rests with you.
- Yahoo! grants you the right to:
- Ownership and Relationship of Parties.
The Yahoo! Software is protected by intellectual property laws (including copyright, and trademark laws), international treaties and/or other proprietary rights and laws of Canada, the U.S. and other countries. Without limitation, you will comply with applicable laws, as well as any additional copyright notices or restrictions contained in this Yahoo! License Agreement. Yahoo! and its licensors own all right, title, and interest in and to their applicable contributions to the Yahoo! Software. This Yahoo! License Agreement grants you no right, title, or interest in any Yahoo! or third party intellectual property including but not limited to the Yahoo! Software, Yahoo! trademarks, and Third Party Software and creates no relationship between you and Yahoo! (other than that of licensor and licensee) or Yahoo!'s licensors. All rights not expressly granted to you are reserved by their owners.
- Data Maintenance, Support, and Software Updates/Changes.
- Yahoo! may elect to provide you with customer support and/or Yahoo! Software upgrades, enhancements or modifications (collectively, "Support"), in its sole discretion, and may terminate this Support at any time without notice to you.
- Yahoo! may change, suspend or discontinue any aspect of the Yahoo! Software at any time, including the availability of any Yahoo! Software feature, database, or content.
- Yahoo! may impose limits on certain features and services or restrict your access to parts or all of the Yahoo! Software or the Yahoo! portions of the Services without notice or liability.
- Yahoo!, its licensors and other third party suppliers reserve the right to delete data from their servers, or prevent access to their servers or to change data categories for any reason that Yahoo! or third parties deem sufficient in their sole discretion at any time, without notice.
- Nothing in this Agreement imposes upon Yahoo! or Yahoo!'s licensors any obligation to provide you with new, enhanced or additional Support at any time.
- Fees and Payments.
- You will pay the fees (including taxes) for the products and services offered for sale through the Yahoo! Software by Yahoo! or by any other vendor.
- Yahoo! reserves the right, in its sole discretion, to charge fees for the Yahoo! Software or Support. You will be notified of those fees prior to being charged. If you do not wish to pay the fees, your sole remedy is to terminate this Yahoo! License Agreement in accordance with the Termination Rules below. If you do not terminate, you will pay the fees (including applicable taxes) for the Yahoo! Software and/or Support (at the rates in effect for the billing period in which the fees are incurred).
- You are solely responsible for obtaining, paying for, and maintaining hardware and software and other equipment needed for access to and use of the Yahoo! Software
- Disclaimer of Warranties by Yahoo!.
- USE OF THE YAHOO! SOFTWARE, INCLUDING ANY DATA, PRODUCTS OR SERVICES YOU ACCESS, IS ENTIRELY AT YOUR SOLE RISK. THE YAHOO! SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. YAHOO!, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "YAHOO! ENTITIES") AND THEIR OWN LICENSORS DO NOT REPRESENT THAT THE YAHOO! SOFTWARE OR ANY DATA, PRODUCTS OR SERVICES ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE CANADA OR THE UNITED STATES. THE YAHOO! ENTITIES AND THEIR LICENSORS EXPRESSLY DISCLAIM ANY WRITTEN OR ORAL REPRESENTATIONS, WARRANTIES OR CONDITIONS WHICH CONTRADICT THIS YAHOO! LICENSE AGREEMENT. THE YAHOO! ENTITIES AND THEIR LICENSORS ALSO EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, THAT PERTAIN TO THE YAHOO! SOFTWARE AND DATA, PRODUCTS OR SERVICES ACCESSED THEREFROM, INCLUDING WITHOUT LIMTATION THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE YAHOO! SOFTWARE AND DATA, PRODUCTS OR SERVICES ACCESSED THEREFROM. THE YAHOO! SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN MISSION CRITICAL OR HAZARDOUS ENVIRONMENTS AND YAHOO! SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES AND ANY LIABILITY ARISING THEREFROM.
- IF THE YAHOO! SOFTWARE AND DATA, PRODUCTS OR SERVICES THAT ARE ACCESSED FROM IT ARE DEFECTIVE, YOU (AND NOT THE YAHOO! ENTITIES OR THEIR LICENSORS) ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR:
- REPAIRS TO YOUR COMPUTER SYSTEMS,
- CORRECTION OF INACCURATE DATA;
- REINSTALLATION OF THE YAHOO! SOFTWARE INCLUDING ANY UPDATES; AND
- INJURY OF ANY KIND,
- NEITHER YAHOO!, ITS LICENSORS NOR ITS THIRD PARTY SUPPLIERS WARRANT THE RESULTS OBTAINED BY YOUR USE OF THE YAHOO! SOFTWARE OR ANY DATA SERVER.
- SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES. ANY LIMITATIONS OF WARRANTY CONTAINED IN ANY SUBSECTION OF THIS SECTION 7 THAT ARE INVALIDATED BY LOCAL LAW SHALL BE SEVERED AND SHALL NOT AFFECT ANY OTHER LIMITATIONS OF WARRANTY WHICH SHALL CONTINUE TO BE OF FULL FORCE AND EFFECT.
- Limitation of Liability.
- THE YAHOO! ENTITIES AND THEIR OWN LICENSORS WILL NEVER BE LIABLE TO YOU OR THIRD PARTIES FOR: (1) CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF YOUR (OR THIRD PARTY) USE OF THE YAHOO! SOFTWARE; or (2) ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE YAHOO! 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.
- YAHOO! IS NOT LIABLE TO YOU FOR DIRECT DAMAGES OF ANY KIND IN CONNECTION WITH ANY THIRD PARTY SOFTWARE, ANY DATA, PRODUCTS OR SERVICES ACCESSED THROUGH YOUR USE OF THE YAHOO! SOFTWARE, OR ACCESS TO OR INABILITY TO ACCESS ANY DATA SERVERS.
- INFORMATION PROVIDED THROUGH THE YAHOO! SOFTWARE, INCLUDING ANALYSIS, QUOTES, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE YAHOO! ENTITIES AND THEIR LICENSORS ARE NOT LIABLE FOR THIS DATA.
- YAHOO! DOES NOT REPRESENT NOR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE YAHOO! SOFTWARE. YOU ACKNOWLEDGE THAT YOUR RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION IS AT YOUR SOLE RISK.
- YAHOO! MAY CHANGE OR DISCONTINUE ANY ASPECT OF THE YAHOO! SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CHANGING OR DISCONTINUING CONTENT, HOURS OF AVAILABILITY, OR EQUIPMENT NEEDED TO USE THE YAHOO! SOFTWARE. YAHOO! ENTITIES WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU ARISING OUT OF A CHANGE TO OR DISCONTINUATION OF ANY ASPECT OF THE YAHOO! SOFTWARE.
- IN NO EVENT WILL THE YAHOO! ENTITIES' DIRECT DAMAGES LIABILITY TO YOU EXCEED (COLLECTIVELY) $1.00 U.S.
- SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF SOME TYPES OF LIABILITY. ANY LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 8 THAT ARE INVALIDATED BY LOCAL LAW SHALL BE SEVERED AND SHALL NOT AFFECT ANY OTHER LIMITATIONS OF LIABILITY WHICH CONTINUE IN FULL FORCE AND EFFECT.
You agree to indemnify and hold the Yahoo! Entities harmless from any claim or demand, including reasonable lawyers' fees, made by a third party arising out of your use of the Yahoo! Software, your violation of any terms or conditions of this Yahoo! License Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
- Government End Users.
If the Yahoo! Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Yahoo! 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 Software License Agreement apply.
- Termination and Termination Rules.
- This Yahoo! License Agreement terminates automatically if
- you violate any of its terms or conditions,
- Yahoo! publicly posts a written notice of termination on its Web site or sends a written notice of termination to you; or
- Yahoo! revokes this Yahoo! License Agreement.
- Upon termination of this Yahoo! License Agreement for any reason, you will: (1) stop using the Yahoo! Software; (2) delete or destroy any copies of the Yahoo! Software from your computer system or backup files; and (3) unless the Third Party Software license agreement states otherwise, stop using Third Party Software and comply with the license terms of that Third Party Software provider as it relates to termination.
- This Yahoo! License Agreement terminates automatically if
- Controlling Law.
This Yahoo! License Agreement is governed by the laws of the United States (as applied by federal courts sitting in the State of California) and of the State of California, except conflict of law rules. You consent to exclusive jurisdiction and venue in Santa Clara County, California and waive the defense of forum non-conveniens. The United Nations Convention on the International Sale of Goods does not apply to this Yahoo! License Agreement.
If a court of competent jurisdiction finds any provision of this Yahoo! License Agreement unenforceable, then the remainder of the Yahoo! License Agreement shall continue in full force and effect and will be read to give maximum effect to the intention of the parties as reflected by its plain language.
- No General Waiver.
Yahoo!'s failure, in any instance, to exercise any of its rights under this Yahoo! License Agreement will not constitute a general waiver of such or any other rights hereunder.
Yahoo! may modify this agreement without your consent. We will notify you of modifications by posting change notices on our Web site or by sending notice via e-mail. Amendments are deemed effective on the earlier of thirty (30) days after notice of an amendment is posted, or immediately upon receipt in the case of notices sent to you. Your continued use of the Yahoo! Software means you agree to the amendments. If you do not agree to any modification made to this agreement, you must immediately stop using the Yahoo! Services and notify us, in accordance with Section 11 above, that you are terminating this Agreement.
- Complete Agreement.
This Yahoo! License Agreement, the current versions of the End User Agreement and Yahoo! Terms of Service constitute the entire understanding between the parties regarding use of the Yahoo! Software and supersedes all prior or contemporaneous understandings. No amendment to this Yahoo! License Agreement is binding unless made by an authorized representative of Yahoo! acting in his or her official capacity. No third party constitutes an authorized Yahoo! representative for this purpose. In the event of any conflict between the terms and conditions of this Yahoo! License Agreement or current versions of the End User Agreement and Yahoo! Terms of Service, the terms and conditions of this Yahoo! License Agreement will control, except to the extent that the other Yahoo! terms, conditions or policies impose additional restrictions and liabilities on your actions. Neither the course of conduct between us nor trade practice modifies any provision of this Yahoo! License Agreement.
- Surviving Provisions.
Sections 2b, 3, 5, 7 to 14, 16 and this Section 17 will survive any termination of this Yahoo! License Agreement.
- Agreement and Capacity of User
- MACROMEDIA, INC. SOFTWARE LICENSE AGREEMENT
- "Macromedia Software" means the software program covered by this Agreement, and all related updates supplied by Macromedia.
- "Macromedia Product" means the Macromedia Software and any related documentation, models and multimedia content (such as animation, sound and graphics), and all related updates supplied by Macromedia.
This Agreement allows you to:
- Use the Macromedia Product on a single desktop computer that has a Windows PC (including Windows 95, 98, 2000, NT and ME), a Macintosh desktop operating system, a Linux desktop operating system, or a Solaris desktop operating system; provided, however, that, notwithstanding anything contrary contained herein, you may not use the Macromedia Product from any non-PC product, including, but not limited to, a web appliance, set top box (STB), handheld, phone, or web pad device.
- Make one copy of the Macromedia Product in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original.
- Certain rights are not granted under this Agreement, but may be available under a separate agreement.
You may not make or distribute copies of the Macromedia Product, or transfer the Macromedia Product from one hardware product or medium to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Macromedia Software to a human-perceivable form. You may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the Macromedia Product or any part thereof. You will not export or reexport, directly or indirectly, the Macromedia Product into any country prohibited by the United States Export Administration Act and the regulations thereunder.
The foregoing license gives you limited rights to use the Macromedia Product. You do not become the owner of, and Macromedia and its suppliers retain title to, the Macromedia Product, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Macromedia.
- Disclaimer of warranties and of technical support
The Macromedia Product is provided to you free of charge, and on an "AS IS" basis, without any technical support or warranty of any kind from Macromedia including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. These limitations or exclusions of warranties and liability do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.
- Limitation of damages
NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Macromedia and you. You agree that Macromedia would not be able to provide the Macromedia Software on an economic basis without such limitations.
- Government end users (USA only)
RESTRICTED RIGHTS LEGEND The Macromedia Software is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable." Manufacturer: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103.
This Agreement shall be governed by the internal laws of the State of California. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: Macromedia, Inc., 600 Townsend Street, San Francisco, CA 94103, Attention: General Counsel.
- MICROSOFT CORPORATION
SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product ("OS Product") described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING, OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OS PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY, OR USE THE OS COMPONENTS.
NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF MICROSOFT WINDOWS 98, MILLENNIUM EDITION, WINDOWS NT 4.0, WINDOWS 2000 OR ANY MICROSOFT OPERATING SYSTEM THAT IS A SUCCESSOR TO ANY OF THE FOREGOING OPERATING SYSTEMS (EACH AN "OS PRODUCT"), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.
- Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the applicable OS Product EULA.
- General. Each of the OS Components available from this site is identified as being applicable to one or more of the OS Products. The applicable OS Components are provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable OS Product. Microsoft grants you a license to use the applicable OS Components under the terms and conditions of the EULA for the applicable OS Product (which are hereby incorporated by reference except as set forth below), and the terms and conditions set forth in this Supplemental EULA. To the extent that the terms and conditions of this Supplemental EULA conflict with the terms and conditions of the applicable OS Product EULA, the terms and conditions of this Supplemental EULA shall apply with respect to the OS Components.
- Additional Rights and Limitations.
- If you have multiple, validly licensed copies of any OS Product, you may reproduce, install and use one (1) copy of the applicable OS Components as part of the applicable OS Product on each of your computers running validly licensed copies of the applicable OS Product, provided that you use such additional copies of such OS Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable OS Product, you also may reproduce one (1) additional copy of the applicable OS Components solely for archival purposes or reinstallation of the OS Components on the same computer as the OS Components were previously installed. Microsoft retains all right, title and interest in and to the OS Components. All rights not expressly granted are reserved by Microsoft.
- If you are installing the OS Components on behalf of an organization other than your own, prior to installing any of the OS Components, you must confirm that the end-user (whether an individual or a single entity) has a validly licensed copy of an OS Product and has received, read and accepted the terms and conditions of this Supplemental EULA.
- The OS Components may contain technology that enables applications to be shared between two (2) or more computers, even if an application is installed on only one (1) of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, you should consult the license agreement accompanying such applications or contact the licensor of such applications to determine whether application sharing is permitted by the licensor.
- You acknowledge that the OS Components are of U.S. origin. You agree to comply with all applicable international and national laws that apply to the OS Components, including the U.S. Export Administration Regulations, as well as en-user and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.
- EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS COMPONENTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
If you click on the "I Accept" button, you acknowledge that you have read, understand and agree to be bound by the terms and conditions of the end-user license agreements above. If you click on the "I Decline" button, you are not granted a license to install and use any of the Software.