Software License Agreement
1. Acceptance of Terms.
Welcome to Yahoo! Maps AS-Flash® and Flex™ API Components (the "Yahoo! Software"). Yahoo! provides to you the Yahoo! Software (including the documentation, local computer files installed by the installer application, and any upgrades, enhancements, modifications, updates, revisions and substitutions thereto, and any copies of any of the foregoing) subject to the following license terms (the "License"), which incorporate by reference the Yahoo! Terms of Service ("TOS"), each which may be updated by us from time to time without notice to you. You can review the most current version of this License and the TOS at any time at http://developer.yahoo.com/flash/maps/license.html and http://docs.yahoo.com/info/terms/. By clicking the link below to download the Yahoo! Software, and by using and continuing to use the Yahoo! Software, you agree to be bound by this License which includes the TOS.
2. License Agreement.
a. The Yahoo! Software is owned by Yahoo!, or Yahoo!'s licensors and content and data providers ("Yahoo! Licensors"), and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. All rights not expressly granted to you are reserved by Yahoo! or their respective owners.
b. YOU MAY install and personally use the Yahoo! Software provided by Yahoo! (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. If you wish to use the Yahoo! Software for commercial use, please contact Yahoo!
c. YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (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 any computing device.
(iii) use the Yahoo! Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the TOS or this License.
(iv) use the Yahoo! Software 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! 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 Yahoo! is not responsible.
(v) use or export the Yahoo! Software in violation of applicable U.S. laws or regulations.
(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! Software, whether for direct commercial or monetary gain or otherwise, without Yahoo!'s prior, express, written permission.
3. Ownership and Relationship of Parties.
The Yahoo! Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. 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 License and in the TOS. Yahoo! and the Yahoo! Licensors own all rights, title, and interest in and to their applicable contributions to the Yahoo! Software. This License grants you no right, title, or interest in any intellectual property owned or licensed by Yahoo!, including (but not limited to) the Yahoo! Software and Yahoo! trademarks, and creates no direct relationship between yourself and the Yahoo! Licensors, or between you and Yahoo!, other than that of licensor to licensee under this License. You agree that the Yahoo! Licensors may enforce their rights under this License against you directly in their own name.
4. Support and Software Updates.
Yahoo! may elect to provide you with customer support and/or software upgrades, enhancements, or modifications (collectively, "Yahoo! Support") for the Yahoo! Software, in its sole discretion, and may terminate such Yahoo! 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 also impose limits on certain features and services or restrict your access to parts or all of the Yahoo! Software or the Yahoo! web site without notice or liability.
5. Fees and Payments.
Yahoo! reserves the right to charge fees for future use of or access to the Yahoo! Software, Yahoo! Support or the Yahoo! services and web sites relating thereto (collectively, "Yahoo! Software Services") in Yahoo!'s sole discretion. In order to use the Yahoo! Software, you must obtain a license to the Macromedia® Flash or Flex software, as applicable, and pay any license fees associated with such access. Your use of Macromedia software is subject to the terms, conditions, warranties and disclaimers provided by Macromedia. Please refer to the materials you received when you purchased your license to the software to understand your rights and obligations.
6. Disclaimer of Warranties.
USE OF THE YAHOO! SOFTWARE SERVICES AND ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS."
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YAHOO! SOFTWARE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL 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 SERVICES OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE YAHOO! SOFTWARE SERVICES AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE YAHOO! SOFTWARE SERVICES AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IF THE YAHOO! SOFTWARE SERVICES 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 HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
7. 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 SERVICES 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.
THE YAHOO! 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 ANY THIRD PARTY SOFTWARE , YOUR USE OR INABILITY TO USE OR ACCESS THE YAHOO! SOFTWARE SERVICES, OR ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE SERVICES, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS PARAGRAPH INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. 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 SERVICES 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 SERVICES OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE YAHOO! SOFTWARE SERVICES AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT AND HOURS OF AVAILABILITY.
You are solely responsible for compliance with agreements you have executed with third parties. You agree to indemnify and hold the Yahoo! Entities and Yahoo! Licensors harmless from any claim or demand, including reasonable attorneys' 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 License, your violation of applicable laws, or your violation of any rights of another person or entity.
Your license to the Yahoo! Software under this License continues until it is terminated by either party. You may terminate the License by discontinuing use of all or any of the Yahoo! Software and by destroying the applicable Yahoo! Software. This License terminates automatically if you (i) violate any term of this License, (ii) Yahoo! publicly posts a written notice of termination on Yahoo!'s web site, or (iii) Yahoo! sends a written notice of termination to you. If your license terminates, you agree to cease any and all use of the Yahoo! Software, its components, and any third-party data. Sections 2c., 3, and 5 through 15 will survive any termination of this Agreement.
10. 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 License apply.
11. Controlling Law.
This 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 provisions. 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 License.
12. No General Waiver; Severability.
The failure of Yahoo! to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision. If any provision of this 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 License remain in full force and effect.
13. Complete Agreement.
This License and the TOS constitute the entire understanding between the parties respecting use of the Yahoo! Software Services, superseding all prior agreements between you and Yahoo! In the event of any conflict between the terms and conditions of this License and those in the TOS, the terms and conditions of this 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 License and the TOS, this License will control to the extent of such conflict.
Yahoo! may provide you with notices, including those regarding changes to this License, by either email, regular mail, or postings on the Yahoo! Maps Web Services home page at http://developer.yahoo.com/maps/
Please report any violations of this License or the TOS to our Customer Care group.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE AGREEMENTS AND UNDERSTAND THEM.
BY DOWNLOADING THE YAHOO! SOFTWARE, YOU CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AND THE TOS.
IF YOU DO NOT AGREE WITH EACH AND EVERY TERM OF THE LICENSE AND THE TOS, DO NOT INSTALL OR USE THE YAHOO! SOFTWARE