b. Unless otherwise specified, use and redistribution of all computer code made available on the Yahoo! Developer Network is permitted in source and binary forms, with or without modification, subject to the BSD License, Copyright © 2006 by the Open Source Institute. The following conditions must be met:
(i) Redistributions in source code form must contain the copyright notice "Copyright © Yahoo! Inc. 2006, All Rights Reserved", this list of conditions, and the following disclaimer.
(ii) Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.
(iii) Neither the name of Yahoo! nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Yahoo!.
DISCLAIMER TO BE INCLUDED WITH YAHOO! COMPUTER CODE
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
c. If your product or service uses or is based upon the Yahoo! APIs, then YOU SHALL comply with the Yahoo! Developer Network Attribution Policy located at https://developer.yahoo.com/attribution/.
d. YOU SHALL use instructions provided in the Yahoo! APIs to place application identification information (application ID) into any application or service you develop that incorporates or makes any use of the Yahoo! APIs. You may only create a single application ID per application or service and such application ID must accompany all web services requests coming from that application or service. You can sign up for an application ID at https://developer.yahoo.com/wsregapp/. You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple application IDs.
e. If you wish to confirm that your application constitutes an acceptable use of the Yahoo! APIs or wish to inquire about rate limit increases, register your application with us.
f. YOU SHALL NOT:
(i) use the Yahoo! APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence,goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
(iii) use the Yahoo! APIs 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! APIs are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Yahoo! is not responsible;
(iv) sell, lease, share, transfer, or sublicense the Yahoo! APIs or access or access codes thereto or derive income from the use or provision of the Yahoo! APIs, whether for direct commercial or monetary gain or otherwise, without Yahoo!'s prior, express, written permission; or
(v) use the Yahoo! APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the Yahoo! API documentation located within https://developer.yahoo.com/, as determined by Yahoo! in its sole discretion;.
(vi) use the Yahoo! APIs in a product or service that competes with products or services offered by Yahoo!.
g. Browser Based Authentication. If you also elect to use the Browser Based Authentication (“BBAuth”) API, the terms of this Section 1(g) also applies to You.
(i) Yahoo! takes end user security and privacy very seriously, and You agree to give us all necessary assistance for the operation of Your Application in compliance with these TOU and any applicable laws.
(ii) Securing User Consent. You are solely responsible for securing clear, express consent from the user, granting You permission to access such user’s Yahoo! account using the BBAuth API, including if applicable, retrieving user-specific information, or writing information to such user’s account. You will strictly comply with the scope of express consent they granted You when accessing such user’s Yahoo! account.
(iii) Contact and Cooperation. You (or the name of the contact You gave to Yahoo! when You applied for Your application ID for review if it's not You) must be reachable at all times for security questions or concerns. You can change this name or contact by signing up for a new application ID, and providing the correct contact information and using the new application ID instead. (https://developer.yahoo.com/wsregapp/) (iv) Virus Precautions. All materials, including software and documents, that You provide to Yahoo!, must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. Any data provided to Yahoo! must not contain harmful scripts or code.
(v) Industry Standards. Your networks, operating system and software of its web server(s), routers, databases, and computer systems must be properly configured to Internet industry standards, as required to securely operate Your Application. If You do not completely control any aspect of the System, You will use all control or influence that You have over such Systems and/or selection of Systems, and You will not architect or select Systems in a manner to avoid the foregoing obligation. An example of an unacceptable server is one that operates as open proxy. An example of architecting in an unacceptable manner would be if You select a server operated by a vendor with substandard security practices, so that You could contend that You do not control such server, in order to avoid having to select an acceptable server.
(vi) Reporting. You must promptly report any security deficiencies in or intrusions to Your Systems that You discover to Yahoo! in writing via email to firstname.lastname@example.org <mailto:email@example.com> . You will work with Yahoo! to immediately correct any security deficiency, and will disconnect immediately any intrusions or intruder. In the event of any such security deficiency or intrusion, You will make no public statements (i.e. press, blogs, bulletin boards, etc.) without prior written and express permission from Yahoo! in each instance.
(vii) Control Access to Systems. To the extent You have control or influence over the Systems, You will log (in a time and date-stamped fashion) all instances of access to the Systems. You will encrypt the password and username files for the Systems that store or process any Yahoo! user data that You are permitted by Yahoo! to access. Passwords must be unique, unintuitive, and changed often. You will minimize access to and use of the passwords. Wherever possible, commands which require additional privileges should be securely logged (with time and date) to enable a complete audit trail of activities. When an individual terminates his or her employment with You, his or her passwords and access password facilities must be terminated immediately.
(viii) Security Reviews. Yahoo! will have the right, at its own expense, to review, or to have an independent third party that is not Your competitor, to inspect and review Your compliance with these security provisions. You will (at Your own expense) correct any security flaws detected by such a review as soon as possible. You will then promptly certify to Yahoo! in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. Yahoo! will give You 48 hours notice before conducting such a review, and may conduct no more than four reviews annually. Any such review will be conducted during regular business hours in such a manner as not to interfere with normal business activities. If a review reveals a material breach of any of these security provisions, You will reimburse Yahoo! for the reasonable costs of the review.
Yahoo! may elect to provide you with support or modifications for the Yahoo! APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Yahoo! may change, suspend, or discontinue any aspect of the Yahoo! APIs at any time, including the availability of any Yahoo! APIs. Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo! APIs or the Yahoo! Web site without notice or liability. Please register your application for priority notification of status alerts.
Yahoo! reserves the right to charge fees for future use of or access to the Yahoo! APIs or the Yahoo! services and Web sites (collectively, "Yahoo! APIs Services") in Yahoo!'s sole discretion. If Yahoo! decides to charge for the Yahoo! APIs Services, such charges will be disclosed to you prior.
SOME OF THE YAHOO! APIS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. YAHOO! DOES NOT REPRESENT OR WARRANT THAT ANY YAHOO! APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE YAHOO! APIS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND YAHOO! EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOUR USE OF YAHOO! APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY YAHOO! APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
YAHOO! SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE YAHOO! APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL YAHOO! BE LIABLE TO YOU FOR ANY AMOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Yahoo!, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Yahoo! APIs. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Yahoo! and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Yahoo! APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Yahoo! shall use good faith efforts to provide you with written notice of such claim, suit or action.