Software License

Welcome to Yahoo! Companion Toolbar (the "Yahoo! Software"). By clicking the "I
Agree" button below, you agree to these software license terms (the "Software Li
cense") that supplement the Yahoo! Terms of Service ("TOS") below, also located
at http://docs.yahoo.com/info/terms/. If you disagree with any of the terms belo
w, Yahoo! does not grant you a license to use the Yahoo! Software; click the "I
Disagree" button to exit the installer.
Your registration data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at http://pr
ivacy.yahoo.com/, or if you came from Yahooligans!, then see our Yahooligans! pr
ivacy policy at http://www.yahooligans.com/docs/privacy/.
Yahoo! reserves the right to update and change, from time to time, this Software
License and all documents incorporated by reference. You can always find the mo
st recent version of this Software License at http://docs.yahoo.com/info/cpn/eul
a/. Yahoo! may change this Software License by posting a new version without not
ice to you. Use of the Yahoo! Software after such change constitutes acceptance
of such changes.
1. Licensed Uses and Restrictions.
By accepting the terms of this Agreement, you represent to Yahoo! Inc. and its a
ffiliates (collectively, "Yahoo!") that you are at least 18 years old. The Yahoo
! Software applications, documentation, and local computer files installed or ut
ilized by the installer application (collectively, the "Yahoo! Software") are ow
ned by Yahoo!, or Yahoo!'s licensors and content and data providers ("Yahoo! Lic
ensors"), and are licensed to you on a 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, r
evisions, substitutions, and any copies of the Yahoo! Software made by or for yo
u. All rights not expressly granted to you are reserved by Yahoo! or their respe
ctive owners.
a. YOU MAY install and personally use the Yahoo! Software and any updates provi
ded by Yahoo! (in its sole discretion) in object code form on a personal compute
r owned or controlled by you and may use the Yahoo! Software for your own noncom
mercial 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 b
y destroying all your copies of the applicable Yahoo! Software. This Software Li
cense terminates automatically if you violate any term of this Software License,
Yahoo! publicly posts a written notice of termination on Yahoo!'s web site, or
Yahoo! sends a written notice of termination to you.
b. YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distri
bute, or create derivative works (as defined by the U.S. Copyright Act) or impro
vements (as defined by U.S. patent law) from the Yahoo! Software or any portion
thereof.
(ii) incorporate the Yahoo! Software into any computer chip or the firmware of
a computing device manufactured by or for you.
(iii) use the Yahoo! Software in any unlawful manner, for any unlawful purpose,
or in any manner inconsistent with TOS or this Software License.
(iv) you may not use the Yahoo! Software to operate nuclear facilities, life su
pport, or other mission critical application where human life or property may be
 at stake. You understand that the Yahoo! Software is not designed for such purp
oses and that its failure in such cases could lead to death, personal injury, or
severe property or environmental damage for which yahoo! is not responsible.
(v) use or export the Yahoo! Software in violation of applicable U.S. laws or r
egulations
(vi) sell, lease, loan, distribute, transfer, or sublicense the Yahoo! Software
or access thereto or derive income from the use or provision of the Yahoo! Soft
ware, whether for direct commercial or monetary gain or otherwise, without Yahoo
!'s prior, express, written permission.
2. Ownership and Relationship of Parties.
The Yahoo! Software is protected by copyrights, trademarks, service marks, inter
national treaties, and/or other proprietary rights and laws of the U.S. and othe
r countries. You agree to abide by all applicable proprietary rights laws and ot
her laws, as well as any additional copyright notices or restrictions contained
in this Software License and in the TOS. Yahoo! and Yahoo!'s Licensors own all r
ights, 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 Yahoo!, including (but not limited t
o) the Yahoo! Software and Yahoo! trademarks, and creates no relationship betwee
n yourself and Yahoo!'s Licensors, or between you and Yahoo! other than that of
Yahoo! to licensee.
The Yahoo! Software and its components contain software licensed from Yahoo! Lic
ensors ("Licensor Software"). The Licensor Software enables the Yahoo! Software
to perform certain functions including, without limitation, access proprietary d
ata 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-c
ommercial use only. You agree not to assign, copy, transfer, or transmit the Yah
oo! Software, or any data obtained through the Yahoo! Software, to any third par
ty. Your license to use the Yahoo! Software, its components, and any third-party
data, will terminate if you violate these restrictions. If your license termina
tes, 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 so
ftware, and any third-party data servers, including all ownership rights are res
erved and remain with the respective third parties. You agree that these third p
arties may enforce their rights under this Agreement against you directly in the
ir own name.
3. Support and Software Updates.
Yahoo! 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 may terminate such Support at any time without not
ice 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 also impose limits on certain features and ser
vices or restrict your access to parts or all of the Yahoo! Software or the Yaho
o! web site without notice or liability.
4. Fees and Payments.
Yahoo! reserves the right to charge fees for future use of or access to the Yaho
o! Software or the Yahoo! services and web sites (collectively, "Yahoo! Software
Services") in Yahoo!'s sole discretion. If Yahoo! decides to charge for the Yah
oo! Software Services, such charges will be disclosed to you prior.
5. Disclaimer of Warranties by Yahoo!.
USE OF THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE (SU
CH AS STOCK QUOTES, MARKET INFORMATION, NEWS, OR OTHER INFORMATION) IS AT YOUR S
OLE RISK. THEY ARE
PROVIDED "AS IS."
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 SYS
TEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERI
AL OR SERVICE.
YAHOO!, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND
ASSIGNS (COLLECTIVELY, "YAHOO! ENTITIES") AND YAHOO! LICENSORS DO NOT REPRESENT
THAT THE YAHOO! SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAIL
ABLE FOR USE OUTSIDE THE UNITED STATES.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF AN
Y KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE YAHOO! SOFTWARE AND ANY DATA
ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF T
HE YAHOO! SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRAN
TIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR P
URPOSE, AND NON-INFRINGEMENT.
IF THE YAHOO! SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND
NOT THE YAHOO! ENTITIES OR THE YAHOO! LICENSORS) ASSUME THE ENTIRE COST OF ALL
REPAIR OR INJURY OF ANY KIND, EVEN IF THE YAHOO! ENTITIES OR YAHOO! LICENSORS HA
VE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE L
IMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AN
D 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 B
ROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUC
H CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL D
IRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE YAHOO! SOFTW
ARE, 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 C
LAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO
PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMA
TION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THIS
RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE YAHOO! SOFTWARE, INCLUDING STOCK QUOTES, ANALYS
IS, MARKET INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR
CONTAIN ERRORS OR OMISSIONS, AND THE YAHOO! ENTITIES AND YAHOO! LICENSORS WILL
HAVE NO LIABILITY WITH RESPECT THERETO. YAHOO! MAY CHANGE OR
DISCONTINUE ANY ASPECT OR FEATURE OF THE YAHOO! SOFTWARE OR THE USE OF ALL OR AN
Y FEATURES OR TECHNOLOGY IN THE YAHOO! SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE
TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.
7. Indemnification.
You agree to indemnify and hold the Yahoo! Entities harmless from any claim or d
emand, including reasonable attorneys' fees, made by any third party in connecti
on 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.
8. 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 deeme
d to be "commercial software" as that term is used in the Federal Acquisition Re
gulation 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 apply.
9. Controlling Law.
This Software License and the relationship between you and Yahoo! is governed by
the laws of the State of California without regard to its conflict of law provi
sions. You and Yahoo! agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Santa Clara, California. The United
Nations Convention on the International Sale of Goods does not apply to this Sof
tware License.
10. No General Waiver; Severability.
The failure of Yahoo! to exercise or enforce any right or provision of this Soft
ware License shall not constitute a waiver of such right or provision. If any pr
ovision of this Software License is found by a court of competent jurisdiction t
o be invalid, the parties nevertheless agree that the court should endeavor to g
ive effect to the parties' intentions as reflected in the provision, and the oth
er provisions of this Software License remain in full force and effect.
11. Complete Agreement.
This Software License and the TOS constitute the entire understanding between th
e parties respecting use of the Yahoo! Software, superseding all prior agreement
s between you and Yahoo!. In the event of any conflict between the terms and con
ditions 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 confl
ict between the terms of this Software License and the TOS, this Software Licens
e will control to the extent of such conflict.
12. Surviving Provisions.
Sections 2, and 4 through 12, will survive any termination of this Agreement.