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152 lines
8.7 KiB
152 lines
8.7 KiB
Yahoo! Public License, Version 1.1 (YPL)
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This Yahoo! Public License (this "Agreement") is a legal agreement that describes
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the terms under which Yahoo! Inc., a Delaware corporation having its principal
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place of business at 701 First Avenue, Sunnyvale, California 94089 ("Yahoo!")
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will provide software to you via download or otherwise ("Software"). By using
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the Software, you, an individual or an entity ("You") agree to the terms of
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this Agreement.
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In consideration of the mutual promises and upon the terms and conditions
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set forth below, the parties agree as follows:
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1. Grant of Copyright License
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1.1 - Subject to the terms and conditions of this Agreement, Yahoo! hereby
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grants to You, under any and all of its copyright interest in and to the Software,
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a royalty-free, non-exclusive, non-transferable license to copy, modify, compile,
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execute, and distribute the Software and Modifications. For the purposes of
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this Agreement, any change to, addition to, or abridgement of the Software
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made by You is a "Modification;" however, any file You add to the Software
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that does not contain any part of the Software is not a "Modification."
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1.2 - If You are an individual acting on behalf of a corporation or other
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entity, Your use of the Software or any Modification is subject to Your having
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the authority to bind such corporation or entity to this Agreement. Providing
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copies to persons within such corporation or entity is not considered distribution
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for purposes of this Agreement.
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1.3 - For the Software or any Modification You distribute in source code format,
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You must do so only under the terms of this Agreement, and You must include
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a complete copy of this Agreement with Your distribution. With respect to
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any Modification You distribute in source code format, the terms of this Agreement
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will apply to You in the same way those terms apply to Yahoo! with respect
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to the Software. In other words, when You are distributing Modifications under
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this Agreement, You "stand in the shoes" of Yahoo! in terms of the rights
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You grant and how the terms and conditions apply to You and the licensees
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of Your Modifications. Notwithstanding the foregoing, when You "stand in the
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shoes" of Yahoo!, You are not subject to the jurisdiction provision under
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Section 7, which requires all disputes under this Agreement to be subject
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to the jurisdiction of federal or state courts of northern California.
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1.4 - For the Software or any Modification You distribute in compiled or object
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code format, You must also provide recipients with access to the Software
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or Modification in source code format along with a complete copy of this Agreement.
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The distribution of the Software or Modifications in compiled or object code
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format may be under a license of Your choice, provided that You are in compliance
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with the terms of this Agreement. In addition, You must make absolutely clear
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that any license terms applying to such Software or Modification that differ
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from this Agreement are offered by You alone and not by Yahoo!, and that such
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license does not restrict recipients from exercising rights in the source
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code to the Software granted by Yahoo! under this Agreement or rights in the
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source code to any Modification granted by You as described in Section 1.3.
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1.5 - This Agreement does not limit Your right to distribute files that are
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entirely Your own work (i.e., which do not incorporate any portion of the
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Software and are not Modifications) under any terms You choose.
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2. Support
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Yahoo! has no obligation to provide technical support or updates to You. Nothing
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in this Agreement requires Yahoo! to enter into any license with You for any
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other edition of the Software.
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3. Intellectual Property Rights
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3.1 - Except for the license expressly granted under copyright in Section
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1.1, no rights, licenses or forbearances are granted or may arise in relation
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to this Agreement whether expressly, by implication, exhaustion, estoppel
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or otherwise. All rights, including all intellectual property rights, that
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are not expressly granted under this Agreement are hereby reserved.
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3.2 - In any copy of the Software or in any Modification you create, You must
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retain and reproduce, any and all copyright, patent, trademark, and attribution
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notices that are included in the Software in the same form as they appear
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in the Software. This includes the preservation of attribution notices in
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the form of trademarks or logos that exist within a user interface of the
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Software.
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3.3 - This license does not grant You rights to use any party's name, logo,
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or trademarks, except solely as necessary to comply with Section 3.2.
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4. Disclaimer of Warranties
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THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. YAHOO!
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MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING
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TO THE SOFTWARE. SPECIFICALLY, YAHOO! DOES NOT WARRANT THAT THE SOFTWARE WILL
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BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST
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EXTENT ALLOWED BY LAW, YAHOO! SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES
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OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF YAHOO! HAD BEEN
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INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE,
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ANY MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE FOREGOING.
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5. Limitation of Liability
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IN NO EVENT WILL YAHOO! BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
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EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION
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LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF
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COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE FURNISHING,
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PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER,
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WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE,
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AND EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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6. Term and Termination
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6.1 - This Agreement will continue in effect unless and until terminated earlier
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pursuant to this Section 6.
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6.2 - In the event You violate the terms of this Agreement, Yahoo! may terminate
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this Agreement.
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6.3 - All licenses granted hereunder shall terminate upon the termination
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of this Agreement. Termination will be in addition to any rights and remedies
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available to Yahoo! at law or equity or under this Agreement.
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6.4 - Termination of this Agreement will not affect the provisions regarding
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reservation of rights (Section 3.1), provisions disclaiming or limiting Yahoo!'s
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liability (Sections 4 and 5), Termination (Section 6) or Miscellaneous (Section
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7), which provisions will survive termination of this Agreement.
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7. Miscellaneous
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This Agreement contains the entire agreement of the parties with respect to
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the subject matter of this Agreement and supersedes all previous communications,
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representations, understandings and agreements, either oral or written, between
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the parties with respect to said subject matter. The relationship of the parties
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hereunder is that of independent contractors, and this Agreement will not
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be construed as creating an agency, partnership, joint venture or any other
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form of legal association between the parties. If any term, condition, or
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provision in this Agreement is found to be invalid, unlawful or unenforceable
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to any extent, this Agreement will be construed in a manner that most closely
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effectuates the intent of this Agreement. Such invalid term, condition or
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provision will be severed from the remaining terms, conditions and provisions,
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which will continue to be valid and enforceable to the fullest extent permitted
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by law. This Agreement will be interpreted and construed in accordance with
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the laws of the State of California and the United States of America, without
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regard to conflict of law principles. The U.N. Convention on Contracts for
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the International Sale of Goods shall not apply to this Agreement. All disputes
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arising out of this Agreement involving Yahoo! or any of its subsidiaries
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shall be subject to the jurisdiction of the federal or state courts of northern
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California, with venue lying in Santa Clara County, California. No rights
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may be assigned, no obligations may be delegated, and this Agreement may not
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be transferred by You, in whole or in part, whether voluntary or by operation
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of law, including by way of sale of assets, merger or consolidation, without
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the prior written consent of Yahoo!, and any purported assignment, delegation
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or transfer without such consent shall be void ab initio. Any waiver of the
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provisions of this Agreement or of a party's rights or remedies under this
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Agreement must be in writing to be effective. Failure, neglect or delay by
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a party to enforce the provisions of this Agreement or its rights or remedies
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at any time, will not be construed or be deemed to be a waiver of such party's
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rights under this Agreement and will not in any way affect the validity of
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the whole or any part of this Agreement or prejudice such party's right to
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take subsequent action.
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