NANOTITAN® SOFTWARE End User License Agreement
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND NANOTITAN. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE SOFTWARE. THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY NANOTITAN HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
Definitions
(a) "nanoTITAN" means nanoTITAN, Inc. and its licensors, if any.
(b) "Software" means only the nanoTITAN software program(s) and third party software programs, in each case, supplied by nanoTITAN herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
(c) "Stable Version" and "Stable Release" mean an official commercial-grade release of the Software. See http://nanotitan.com/software/statusDefinitions.htm for nanoTITAN's software status definitions.
License Grants
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:
nanoTITAN grants to you, upon purchase of a license or for an evaluation period of thirty (30) days, a nonexclusive nontransferable license to use the Software and the printed and/or electronic user documentation accompanying the Software in accordance with this Agreement. If you have paid the license fee for a single user node license, this Agreement permits you to use one copy of the Software on any single computer at any time. If you have purchased network licenses for the nanoTITAN software, then at any time you may have as many copies of the Software in use as you have network licenses.
The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM). The number of concurrent users of the Software shall not exceed the number of network licenses and node licenses purchased. You will keep accurate and up-to-date records of the numbers and locations of all copies of the Software, will supervise and control the use of the Software in accordance with the terms of this Agreement and will provide copies of such records to nanoTITAN upon reasonable request.
nanoTITAN reserves the right to embed a software security mechanism within the Software to monitor usage of the software to verify your compliance with this license. Such a security mechanism may store data relating to the use of the Software. nanoTITAN reserves the right to use license administration software, and/or a license authorization keys or similar mechanisms to control access to the Software. You are not authorized and shall not take any steps to avoid or defeat the purpose of any such measures. Use of any Software past the evaluation period without the required license key provided by nanoTITAN is prohibited.
Purchasers of node licenses will need to register the Software through the use of the Internet in order to activate the Software. You may also need to re-register the Software if you modify your computer hardware, move the application to a new computer or alter the Software. Product registration is validated based on the exchange of information between your computer, the Software and nanoTITAN. You acknowledge and agree that the Software requires successful activation and a valid license key to be operable.
License Restrictions
(a) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(b) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
(c) Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
(d) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(e) You shall not use the Software to develop any application having the same primary function as the Software.
(f) In the event that you fail to comply with this EULA, nanoTITAN may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
Upgrades
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity.
Ownership
The foregoing license gives you limited license to use the Software. nanoTITAN and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software, and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by nanoTITAN and its suppliers.
LIMITED WARRANTY AND DISCLAIMER
(a) For official releases designated as Stable, nanoTITAN warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software shall perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished (if any) shall be free from defects in materials and workmanship under normal use.
(b) NANOTITAN PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY VERSION OF THE SOFTWARE THAT IS NOT DESIGNATED AS A "STABLE RELEASE" ON THE COMPANY WEB SITE. ANY NON-STABLE VERSIONS OF THE SOFTWARE ARE PROVIDED "AS IS".
(c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO OFFICIAL STABLE RELEASES OF THE SOFTWARE, NANOTITAN AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. nanoTITAN does not warrant that the Software is error-free or will operate without interruption. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. The Software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. nanoTITAN specifically disclaims any express or implied warranty of fitness for such purposes.
(d) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(e) No oral or written information or advice given by nanoTITAN, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of ANY warranty PROVIDED HEREIN.
(f) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Exclusive Remedy
Your exclusive remedy under the preceding is to return the Software media (unless electronically acquired), a copy of your receipt and a description of the problem to nanoTITAN, Inc. PO Box 650356, Potomac Falls, VA 20165. Provided that any non-compliance with the above warranty is reported in writing to nanoTITAN no more than ninety (90) days following delivery to you, nanoTITAN shall use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. nanoTITAN shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software shall void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
LIMITATION OF LIABILITY
(a) NEITHER NANOTITAN NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF NANOTITAN OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) NANOTITAN'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between nanoTITAN and you. Without such limitations nanoTITAN would not be able to provide the Software on an economic basis. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of nanoTITAN’s licensors.
U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: nanoTITAN, Inc. PO Box 650356, Potomac Falls, VA 20165.
(Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
Third Party Software
The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at the end of this notice and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
General
This EULA shall be governed by the internal laws of the Commonwealth of Virginia, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Loudoun County, Virginia or the federal courts in the United States District Court for the Eastern District of Virginia to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of nanoTITAN to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No nanoTITAN representative, distributor, dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of this EULA shall remain in full force and effect.
All questions concerning this EULA shall be directed to: nanoTITAN, Inc. PO Box 650356, Potomac Falls, VA 20165, Attention: General Counsel.
nanoTITAN and other trademarks contained in the Software are trademarks or registered trademarks of nanoTITAN, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use nanoTITAN’s or its licensors’ names or any of their respective trademarks.
THIRD PARTY SOFTWARE
March 17, 2005
THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Unless otherwise indicated, all Content made available by the Eclipse Foundation is provided to you under the terms and conditions of the Eclipse Public License Version 1.0 ("EPL"). A copy of the EPL is provided with this Content and is also available at http://www.eclipse.org/legal/epl-v10.html. For purposes of the EPL, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse.org CVS repository ("Repository") in CVS modules ("Modules") and made available as downloadable archives ("Downloads").
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
Note: if a Feature made available by the Eclipse Foundation is installed using the Eclipse Update Manager, you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties" found within a Feature. Such Abouts, Feature Licenses, and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory.
THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License, or Feature Update License is provided, please contact the Eclipse Foundation to determine what terms and conditions govern that particular Content.
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Java and all Java-based trademarks are trademarks of Sun Microsystems, Inc. in the United States, other countries, or both.
HIERARCHICAL DATA FORMAT (HDF5)
Copyright Notice and Statement for NCSA Hierarchical Data Format (HDF) Software Library and Utilities
NCSA HDF5 (Hierarchical Data Format 5) Software Library and Utilities Copyright 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 by the Board of Trustees of the University of Illinois. All rights reserved.
Contributors: National Center for Supercomputing Applications (NCSA) at the University of Illinois at Urbana-Champaign (UIUC), Lawrence Livermore National Laboratory (LLNL), Sandia National Laboratories (SNL), Los Alamos National Laboratory (LANL), Jean-loup Gailly and Mark Adler (gzip library).
Redistribution and use in source and binary forms, with or without modification, are permitted for any purpose (including commercial purposes) provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or materials provided with the distribution.
3. In addition, redistributions of modified forms of the source or binary code must carry prominent notices stating that the original code was changed and the date of the change.
4. All publications or advertising materials mentioning features or use of this software are asked, but not required, to acknowledge that it was developed by the National Center for Supercomputing Applications at the University of Illinois at Urbana-Champaign and to credit the contributors.
5. Neither the name of the University nor the names of the Contributors may be used to endorse or promote products derived from this software without specific prior written permission from the University or the Contributors,
as appropriate for the name(s) to be used.
6. THIS SOFTWARE IS PROVIDED BY THE UNIVERSITY AND THE CONTRIBUTORS "AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. In no event shall the University or the Contributors be liable for any damages suffered by the users arising out of the use of this software, even if advised of the possibility of such damage.
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Portions of HDF5 were developed with support from the University of California, Lawrence Livermore National Laboratory (UC LLNL). The following statement applies to those portions of the product and must be retained in any redistribution of source code, binaries, documentation, and/or accompanying materials:
This work was partially produced at the University of California, Lawrence Livermore National Laboratory (UC LLNL) under contract no. W-7405-ENG-48 (Contract 48) between the U.S. Department of Energy (DOE) and The Regents of the University of California (University) for the operation of UC LLNL.
DISCLAIMER:
This work was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor the University of California nor any of their employees, makes any warranty, express or implied, or assumes any liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or the University of California. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or the University of California, and shall not be used for advertising or product endorsement purposes.
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Thank you for using the Yahoo! application programming interfaces (the "Yahoo! APIs"). By using the Yahoo! APIs, you agree to these terms of use (the "Terms of Use") and the Yahoo! Terms of Service ("TOS") located at http://docs.yahoo.com/info/terms/. If you disagree with any of the terms below or the TOS, Yahoo! does not grant you a license to use the Yahoo! APIs. In the event of any inconsistency between these Terms of Use and the TOS, these Terms of Use control.
Please note that some of our Web Services and Yahoo! APIs may be licensed under terms that supplement or differ from these Terms of Use. In particular: Yahoo! Maps APIs and Yahoo! Messenger APIs are exempted from these Terms of Use and are covered by their own Yahoo! Maps API Terms of Use at http://developer.yahoo.com/maps/mapsTerms.html and Yahoo! Messenger API Terms of Use at http://developer.yahoo.com/messenger/messengerTerms.html respectively. See the specific API or Web Service documentation for details.
Yahoo! Inc. ("Yahoo!") reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at http://developer.yahoo.com/terms/. Yahoo! may change these Terms of Use by posting a new version without notice to you. Use of the Yahoo! APIs after such change constitutes acceptance of such changes.
The Yahoo! APIs are owned by Yahoo! 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. These Terms of Use define legal use of the Yahoo! APIs, all updates, revisions, substitutions, and any copies of the Yahoo! APIs made by or for you. All rights not expressly granted to you are reserved by Yahoo!.
a. Subject to the restrictions set forth in these Terms of Use, YOU MAY use the Yahoo! APIs and any updates provided by Yahoo! (in its sole discretion). Your license to the Yahoo! APIs under these Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Yahoo! APIs. Yahoo! may terminate the license at any time for any reason. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, (ii) Yahoo! publicly posts a written notice of termination on Yahoo!'s Web site, (iii) Yahoo! sends a written notice of termination to you, or (iv) Yahoo! ceases providing access to the Yahoo! APIs to you.
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 http://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 http://search.yahooapis.com/webservices/register_application. 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;
(ii) use the Yahoo! APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the Yahoo! TOS or these Terms of Use;
(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 http://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 ynoc@yahoo-inc.com <mailto:ynoc@yahoo-inc.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.
The Yahoo! APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Yahoo!'s rights apply to the Yahoo! APIs and all output and executables of the Yahoo! APIs, excluding any software components developed by you which do not themselves incorporate the Yahoo! APIs or any output or executables of the Yahoo! APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use and in the TOS. Yahoo! owns all rights, title, and interest in and to the Yahoo! APIs. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by Yahoo!, including (but not limited to) the Yahoo! APIs and Yahoo! trademarks.
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.
10.1 Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Yahoo! shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Yahoo!, express or implied, and you shall not attempt to bind Yahoo! to any contract.
10.2 Invalidity of Specific Terms. If any provision of the Terms of Use 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 such documents remain in full force and effect.
10.3 Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and Yahoo! shall be 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 jurisdiction of the courts located within the county of Santa Clara, California.
10.4 No Waiver of Rights by Yahoo!. Yahoo!'s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
10.5 Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between Yahoo! and you with respect to the subject matter hereof.