SOFTWARE LICENSE AGREEMENT
WELCOME TO THE YAHOO! TOOLBAR. BY CLICKING "I AGREE" BELOW IN THE INSTALLER PROGRAM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW AND YOU MAY, SUBJECT TO THOSE TERMS AND CONDITIONS, INSTALL AND USE THE YAHOO! TOOLBAR. IF YOU DISAGREE WITH ANY OF THE TERMS OR CONDITIONS BELOW, LICENSOR (AS DEFINED IN THIS SOFTWARE LICENSE) DOES NOT GRANT YOU A LICENSE TO USE THE YAHOO! SOFTWARE; CLICK ON THE CANCEL BUTTON TO EXIT THE INSTALLER PROGRAM.
- Terms of Service and Privacy
This Software License Agreement (this "Software License") incorporates by reference the Yahoo Terms of Service ("TOS"), each of which may be updated by us from time to time without notice to you. You can review the most current version of the Software License and TOS at any time at: https://policies.yahoo.com/sg/en/yahoo/terms/product-atos/toolbar/index.html and https://info.yahoo.com/legal/sg/yahoo/utos/en-sg/details.html, respectively.
- Changes to Terms and Conditions.
Licensor may change this Software License and/or the TOS by posting a new version without notice to you. Your use of the Yahoo Toolbar after such change constitutes your acceptance of such changes.
- Licensed Uses and Restrictions.
By accepting the terms of this Agreement, you represent to Yahoo Southeast Asia Pte Ltd and its affiliates (collectively, " Licensor") that you are at least twenty-one (21) years old. The Yahoo Toolbar applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "Yahoo Software") are owned by Licensor, or Licensor's licensors and content and data providers (collectively, "Yahoo Licensors"), and are licensed to you on a personal, revocable, worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the Yahoo Software, all updates, revisions and substitutions thereto or thereof, and any copies of the foregoing made by or for you. All rights not expressly granted to you are reserved by Licensor.
- YOU MAY install and personally use the Yahoo Software and any updates provided by Licensor (in its sole discretion) in object code form on a personal computer owned or controlled by you and may use the Yahoo Software for your own noncommercial use or benefit. Your license to the Yahoo Software under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all or any of the Yahoo Software and by destroying all your copies of the applicable Yahoo Software. This Software License terminates automatically if (a) you violate any term of this Software License, (b) Licensor publicly posts a written notice of termination on any of Licensor's websites, (c) Licensor sends a written notice of termination to you directly, or (d) Licensor revokes this Software License or issues a new software license agreement in writing and conditions your continued use of the Yahoo Software upon acceptance of the new agreement. All terminations, revocations, replacements or issues of new software licence agreements shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on any of Licensor's websites, or by electronic or conventional mail, or by any other means by which you may obtain notice thereof. Use of the Yahoo Software after such notice constitutes acceptance of such replacement or new software licence agreements.
- YOU MAY NOT:
- decompile, reverse engineer, disassemble, modify, adapt, rent, lease, loan, distribute, or create derivative works or improvements from the Yahoo Software or any portion thereof, or seek to obtain intellectual property protection on 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 any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the TOS or this Software License;
- interfere with or disrupt the Yahoo computer networks, websites, or services connected with or accessed by the Yahoo Software;
- use the Yahoo Software to operate nuclear facilities, life support or other mission critical application where human life or property may be at stake and 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, acquire, ship, transport, export, or re-export the Yahoo Software in violation of all applicable laws and regulations (including applicable US laws and regulations); or
- sell, lease, loan, distribute, transfer or sublicense the Yahoo Software or access thereto or derive income from the use or provision of the Yahoo Software, whether for direct commercial or monetary gain or otherwise, without Licensor's prior, express, written permission.
- Ownership and Relationship of Parties.
The Yahoo Software is protected by copyrights, trademarks, service marks and/or other proprietary rights and laws of Singapore and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License and in the TOS. Licensor and Yahoo Licensors own all rights, title, and interest in and to their applicable contributions to the Yahoo Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by Licensor, including (but not limited to) the Yahoo Software and Yahoo trademarks, and creates no relationship between yourself and Yahoo Licensors, or between you and Licensor other than that of licensor to licensee. All rights not granted to you are reserved by their owners. Except as specifically permitted by the TOS and this Software License, you may not copy or make any use of the Yahoo Software or any portion thereof. You may not use the Yahoo Software or any variations or derivatives thereof, other than as specified in this Software License or as permitted by applicable law, without Licensor's prior written approval.
The Yahoo Software, and its components may contain software licensed from Yahoo Licensors ("Yahoo Licensor Software"). The Yahoo Licensor Software enables the Yahoo Software to perform certain functions, including without limitation, access proprietary data on third party data servers. You agree that you will use the Yahoo Software, and any data accessed through the Yahoo Software for your own personal non-commercial use only. You agree not to assign, copy, transfer, or transmit the Yahoo Software, or any data obtained through the Yahoo Software, to any third party. Your license to use the Yahoo Software, its components, and any third-party data, will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Yahoo Software, its components, and any third-party data. All rights in any third party data, any third party software, and any third party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Software License against you directly in their own name.
- Support and Software Updates.
Licensor may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Yahoo Software (collectively, "Support"), in its sole discretion and on such conditions as it may impose from time to time, and may terminate such Support at any time without notice to you. Licensor 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. Licensor may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo Software without notice or liability. Additionally, in order to enhance the security of the Yahoo Software or to fix bugs, from time to time, Licensor may automatically download and install updates to the Yahoo Software with or without prior notification.
- Fees and Payments.
Licensor reserves the right to charge fees for future use of or access to the Yahoo Software in Yahoo's sole discretion, which fees will be announced or disclosed in advance. In addition, you are solely responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed for use of the Yahoo Software and for all charges you incur related thereto.
- Disclaimer of Warranties by Licensor.
USE OF THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS OR OTHER INFORMATION) IS ENTIRELY AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND.
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YAHOO! SOFTWARE (SUCH AS THE "ANTI-SPY" FEATURE) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
LICENSOR, THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "LICENSOR ENTITIES”) AND THEIR OWN LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, APPROPRIATENESS, OR ADEQUACY OF THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE YAHOO! SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE SINGAPORE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IF THE YAHOO! SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE LICENSOR ENTITIES OR THE YAHOO! LICENSORS) WILL BE RESPONSIBLE AND LIABLE FOR THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE LICENSOR ENTITIES OR YAHOO! LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES.
Licensor and its third party suppliers and licensors reserve the right to delete data from their respective servers, or prevent access to their respective servers or to change data categories for any reason that Licensor or said third parties deem sufficient in their respective sole discretions at any time, without notice. Licensor reserves the right to change or discontinue any aspect or feature of the Yahoo Software or the use of all or any features or technology in the Yahoo Software at any time without prior notice to you, including but not limited to content and hours of availability. Neither Licensor nor its third party suppliers and licensors are obligated to provide you with any new enhanced or additional data types or categories in the future. Neither Licensor nor its third party suppliers and licensors warrant the results that will be obtained by your use of the Yahoo Software nor any data accessed therefrom.
- Limitation of Liability.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE YAHOO! SOFTWARE BY YOURSELF OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY OR OTHERWISE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LICENSOR ENTITIES AND YAHOO! LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE, OR YOUR USE OR INABILITY TO USE OR ACCESS THE YAHOO! SOFTWARE OR ANY DATA PROVIDED THROUGH THE YAHOO! SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.
YOU ACKNOWLEDGE THAT INFORMATION PROVIDED THROUGH THE YAHOO! SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND YOU AGREE THAT THE LICENSOR ENTITIES AND YAHOO! LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. LICENSOR DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE YAHOO! SOFTWARE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 7 AND 8 REPRESENT A FAIR AND REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT BETWEEN YOU AND LICENSOR, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE VALUE OF THE CONSIDERATION PROVIDED BY YOU TO LICENSOR AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS. YOU FURTHER AGREE THAT THESE DISCLAIMERS AND LIMITATIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold the Licensor Entities and Yahoo Licensors harmless from any claim or demand, including reasonable legal 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.
- Controlling Law.
This Software License and the relationship between you and Licensor are governed by the laws of Singapore, without regard to its conflict of law provisions. You hereby submit to the non-exclusive jurisdiction of the courts of Singapore. The United Nations Convention on the International Sale of Goods shall not apply to this Software License.
- Rights of Third Parties
Save as expressly provided otherwise in this Software License, you and Licensor acknowledge and agree that the Contracts (Rights of Third Parties) Act 2001 (Act 39 of 2001) shall not apply to this Software License, and neither you nor Licensor intends for any provision of this Software License to be enforceable by any person apart from you or any of the entities comprising Licensor, whether by virtue of that Act or otherwise.
- No General Waiver; Severability.
The failure of Licensor to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software 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 Software License remain in full force and effect.
- Complete Agreement.
This Software License and the TOS constitute the entire understanding between the parties respecting use of the Yahoo Software, superseding all prior agreements between you and Yahoo. No amendment to or modification of this Software License will be binding unless made by an authorized Licensor representative acting in his or her official capacity in the manner set out in this Software License. No third party constitutes an authorized Licensor representative for this purpose. In the event of any conflict between the terms and conditions of this Software License and those in the TOS, the terms and conditions of this Software License will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions. In the event of a conflict between the terms of this Software License and the TOS, this Software License will control to the extent of such conflict.
- English version prevails.
In the event that this Software License is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
- Surviving Provisions.
Sections 3b, 4, and 6 through 15, will survive any termination of this Agreement.