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our Privacy Policy. For more information, see our full privacy policy at
http://privacy.yahoo.com/privacy/sg.
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.
By accepting the terms of this Agreement, you represent to Yahoo! Pte Ltd and
its licensors, suppliers, vendors, parent, holding and subsidiary companies and
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.
a. 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.
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.
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.
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.
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.
8. 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.
9. Indemnification.
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.
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.
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.
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.
Sections 3b, 4, and 6 through 14, will survive any termination of this
Agreement.