YOU ACKNOWLEDGE AND UNDERSTAND THAT THE YAHOO! SOFTWARE (AS DEFINED BELOW) DOES NOT SUPPORT AND DOES NOT PERMIT YOU TO ACCESS ANY EMERGENCY SERVICES (INCLUDING BUT NOT LIMITED TO SERVICES ACCESSED VIA TELEPHONE NUMBERS 999, 995 OR 1777), AND THAT YOU WILL HAVE AND WILL USE ALTERNATIVE MEANS TO ACCESS SUCH EMERGENCY SERVICES. PLEASE INFORM ALL PERSONS WHO WILL OR MAY USE THE YAHOO! SOFTWARE AND/OR THE YAHOO! SOFTWARE SERVICES (AS DEFINED BELOW), OR WHO WILL OR MAY USE THE HARDWARE AND/OR DEVICE(S) USED BY YOU TO USE OR ACCESS THE YAHOO! SOFTWARE AND/OR THE YAHOO! SOFTWARE SERVICES, THAT THEY MUST ACCESS SUCH EMERGENCY SERVICES THROUGH A TRADITIONAL LANDLINE (WHETHER ANALOGUE OR DIGITAL) OR MOBILE PHONE. THE YAHOO! SOFTWARE IS NOT INTENDED TO REPLACE YOUR PRIMARY PHONE SERVICE, SUCH AS A TRADITIONAL LANDLINE (WHETHER ANALOGUE OR DIGITAL) OR MOBILE PHONE.
THE FOLLOWING TERMS OF SERVICE AND SOFTWARE LICENSE AGREEMENT (COLLECTIVELY "THE AGREEMENTS") EXPLAIN HOW YOU MAY USE THE YAHOO! WEB AND WIRELESS PROPERTIES AND SERVICES AND THE YAHOO! SOFTWARE INSTALLED BY THIS INSTALLER PROGRAM (COLLECTIVELY, "THE YAHOO! SOFTWARE SERVICES"). BY CLICKING ON THE "I ACCEPT" CHECK BOX IN THIS INSTALLER PROGRAM, YOU CONSENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF BOTH AGREEMENTS. FOLLOWING REVIEW AND ACCEPTANCE OF THE AGREEMENTS, YOU MAY, SUBJECT TO THOSE TERMS AND CONDITIONS, INSTALL THE YAHOO! SOFTWARE AND USE THE YAHOO! SOFTWARE SERVICES. IF YOU DISAGREE WITH ANY OF THE TERMS OR CONDITIONS BELOW, LICENSOR (AS DEFINED IN THE SOFTWARE LICENSE AGREEMENT) DOES NOT GRANT YOU A LICENSE TO USE ANY OF THE YAHOO! SOFTWARE SERVICES, IN WHICH CASE PLEASE CLICK ON THE CANCEL BUTTON TO EXIT THE INSTALLER PROGRAM. IF YOU ARE IN A JURISDICTION WHERE THE DOWNLOAD AND/OR USE OF THE YAHOO! SOFTWARE IS PROHIBITED, PLEASE CLICK ON THE CANCEL BUTTON AND DO NOT DOWNLOAD OR USE THE YAHOO! SOFTWARE.
PART I: YAHOO! TERMS OF SERVICE
The Terms of Service ("TOS") govern your use of Licensor's Web and wireless properties and services and related software, including the Yahoo! Software installed by this Installer Program and your use of the Yahoo! Software Services. The TOS is subject to update by Yahoo! Pte Ltd at any time without notice. The current version of the TOS can be viewed at the following location at any time and must be reviewed prior to clicking on the "I ACCEPT" check box in this Installer Program: http://sg.docs.yahoo.com/info/terms/.
PART II: SOFTWARE LICENSE AGREEMENT
The terms and conditions in Part II of this document govern the use of any software installed by this Installer Program on your computing device:
1. No Emergency Services.
You confirm your acknowledgment and understanding set out above, that the Yahoo! Software does not support and does not permit you to access any emergency services, and that you will have and will use alternative means to access such emergency services.
2. Licensed Uses and Restrictions.
By accepting the terms of this Software License 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! software applications, Application Programming Interface ("API") protocols, documentation, and local computer files installed or utilized by this Installer Program (collectively, the "Yahoo! Software") are owned by Licensor (or Licensor's own licensors) and are licensed to you on a personal, revocable, worldwide (except as limited below), non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. This Software License Agreement defines legal use of the Yahoo! Software, all updates or revisions thereto or Licensor substitutions therefor, and any copies of the foregoing made by or for you. All rights not expressly granted to you are reserved by Licensor (or Licensor’s own licensors).
a. YOU MAY install and personally use the Yahoo! Software and any authorised updates thereto furnished by Licensor (in its sole discretion) in object code form on a single personal computer owned or controlled by you. You may use the Yahoo! Software Services (including but not limited to using it to communicating with other users of the Yahoo! Software Services) only as permitted under this Software License Agreement or as permitted by Licensor from time to time, and in all events only for your own non-commercial use or benefit. You may make a single archival copy thereof, which must contain all copyright and other proprietary notices present in the original Yahoo! Software. Your license to the Yahoo! Software under this Software License Agreement continues until it is terminated by either party.
b. YOU MAY NOT decompile, reverse engineer, disassemble, modify, adapt, or create derivative works from the Yahoo! Software or any portion thereof, or otherwise attempt to identify, discover or derive any source code or protocols (including but not limited to API protocols) in or used in conjunction with the Yahoo! Software, or seek to obtain intellectual property protection on the Yahoo! Software or any portion thereof. Neither may you incorporate any part or all of the Yahoo! Software, or any protocols thereof or used in relation thereto, into any other service, software, hardware or other technology manufactured or distributed by or for you. YOU ALSO MAY NOT, AND WILL NOT ALLOW ANY THIRD PARTY TO, UNDER ANY CIRCUMSTANCES:
3. Ownership and Relationship of Parties.(i) use the Yahoo! Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the TOS or this Software License Agreement, or to interfere with or disrupt any of the Yahoo! Software Services and the Yahoo! computer networks, Web or wireless sites, or services operating or used in connection with or accessed by the Yahoo! Software;
(ii) obtain or attempt to obtain unauthorised access to any part of the Yahoo! Software Services;
(iii) USE THE YAHOO! SOFTWARE TO OPERATE A BUSINESS OR COMMERCIAL ENTITY OF ANY KIND OR FOR USE BY OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY. YOU MAY NOT USE THE YAHOO! SOFTWARE TO OPERATE NUCLEAR FACILITIES, LIFE SUPPORT OR OTHER MEDICAL EQUIPMENT, MANUFACTURING OR CONSTRUCTION EQUIPMENT, WEAPONS SYSTEMS, AIRCRAFT OR NAUTICAL NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR FOR ANY 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 LICENSOR IS NOT RESPONSIBLE;
(iv) USE THE YAHOO! SOFTWARE WHILE DRIVING, BIKING, BOATING, OPERATING HEAVY MACHINERY OR ENGAGING IN ANY OTHER POTENTIALLY HAZARDOUS ACTIVITY. YOU UNDERSTAND THAT DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE MAY RESULT FROM USE OF THE YAHOO! SOFTWARE WHILE ENGAGED IN THESE ACTIVITIES, FOR WHICH LICENSOR IS NOT RESPONSIBLE;
(v) use, acquire, ship, transport, export, or re-export the Yahoo! Software, except as authorized by Licensor and as permitted by applicable law. In particular, but without limitation, the Yahoo! Software may not be acquired, shipped, transported, exported, or re-exported (1) into (or to a national or resident of) any U.S. embargoed country or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list;
(vi) sell, rent, 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 Licensor's prior, express, written permission;
(vii) transfer your rights under this Software License Agreement to another person or entity; or
(viii) misrepresent your identity or harass, slander, defame, misrepresent, or otherwise violate the rights of any third party through use of the Yahoo! Software, or make available through the Yahoo! Software any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any material is not protected by copyright, trademark or other proprietary right rests with you.
The Yahoo! Software and the Yahoo! Software Services are protected by copyrights, trademarks and/or other proprietary rights and laws of Singapore 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 Software License Agreement and in the TOS. Licensor and Licensor's own technology licensors own all rights, title, and interest in and to their applicable contributions to the Yahoo! Software and the Yahoo! Software Services. This Software License Agreement grants you no right, title, or interest in any intellectual property owned or licensed by Licensor, including (but not limited to) the Yahoo! Software, the Yahoo! Software Services and Licensor trademarks, and creates no relationship between yourself and Licensor's technology licensors, or between you and Licensor other than that of licensor to licensee. All rights not granted to you are reserved by their owners. Except as specifically permitted by the TOS and this Software License Agreement, you may not copy or make any use of the Yahoo! Software or any portion thereof. You may not use the Yahoo! Software or any variations or derivatives thereof, other than as specified in this Software License Agreement or as permitted by applicable law, without Licensor's prior written approval.
The Yahoo! Software and its components contain software licensed from third parties ("Third Party Software"). The Third Party Software enables this application 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 the Yahoo! Software Services, and any data accessed through the Yahoo! Software and/or the Yahoo! Software Services, for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Yahoo! Software or the Yahoo! Software Services, or any portion thereof, or any data obtained therefrom to any third party. YOU AGREE NOT TO USE OR EXPLOIT ANY DATA, THE WHOLE OR ANY PART OF THE YAHOO! SOFTWARE OR THE YAHOO! SOFTWARE SERVICES, OR TO REMOVE, REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE THE WHOLE OR ANY PART OF THE YAHOO! SOFTWARE OR THE YAHOO! SOFTWARE SERVICES. 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 such third parties may enforce their rights under this Software License Agreement against you directly in their own name, save that no consent is required from such third parties to vary or rescind this Software License Agreement (whether or not in a way that varies or extinguishes rights or benefits in favour of such third parties).
4. Description of the Yahoo! Software
The Yahoo! Software includes the following software applications: (i) Yahoo! Messenger, (ii) Yahoo! Toolbar, (iii) Yahoo! Extras, and (iv) Yahoo! Central. In this regard, please note that Licensor may at any time support or permit to be used more than one version of each of the software applications comprised in the Yahoo! Software, each of which version may have different features. For instance, the Yahoo! Software includes Yahoo! Messenger version 7.5, which includes the “Phone In” and “Phone Out” premium features (as described below). By contrast, Yahoo! Messenger version 7.0 includes only PC-to-PC calling, and does not include the “Phone In” and “Phone Out” premium features.
Yahoo! Messenger allows you to see when your friends are online, send and receive instant messages, make PC-to-PC calls, listen to music, play games, and receive alerts and other material and information via the Internet. It may also allow you to make and/or receive PC-to-phone calls (known as the “Phone Out” premium feature, where available) and/or phone-to-PC calls (known as the “Phone In” premium feature, where available). If you are in a territory where these premium features are available and you wish to access and use them, you must download and install the Yahoo! Software, purchase these premium features separately, and agree to additional terms and conditions.
Yahoo! Toolbar allows you to quickly search the Web from anywhere online, save and re-find pages, protect your PC from spyware with the “Anti-Spy” feature, access your favorite sites and enjoy music with Yahoo! Music Engine controls. If you install, access and/or use the “Anti-Spy” feature, software that is identified as “spyware” by this feature may be software that you have agreed to load onto your computer pursuant to a separate agreement with a third party. You acknowledge and understand that you are solely responsible for your compliance with any agreements you may have entered into with third parties.
Yahoo! Extras gives you enhancements for the Microsoft Internet Explorer browser grouped neatly under a “Yahoo! Services” button and menu option. These enhancements include (i) the “Sign-In” feature, which can store multiple Yahoo! IDs for quick switching, (ii) the “Yahoo! Messenger Explorer Bar” feature, which allows you to see the “friends” list in Yahoo! Messenger and send links to persons on that list from within the Microsoft Internet Explorer browser, and (iii) the “Yahoo! Shortcuts” feature, which allows you to set up address bar keywords to go to your favorite Web sites.
Without limiting the generality of the foregoing and for the avoidance of doubt, the foregoing features and services (including but not limited to the “Phone In” and “Phone Out” premium features) shall be deemed to be part of the Yahoo! Software Services.
To uninstall any part or all of the Yahoo! Software, please open the “Control Panel” folder of your operating system software, select “Add/Remove Programs”, and select “Yahoo! Messenger” or such other software application that you wish to uninstall. Then click the “Change/Remove” button. Leave the selection on “Automatic” and click the ‘Next” button. Then click the “Finish” button. You may have to reboot your computer to complete the uninstallation process for some components.
5. Use of the Yahoo! Software
By accepting this Software License Agreement and using the Yahoo! Software, you acknowledge that other users of the Yahoo! Software Services may elect to receive a notification from the Yahoo! Software Services when you sign on and may send you instant messages and other information via the Yahoo! Software Services. If you wish to to block the Yahoo! Software Services from sending such notifications to other users or if you do not wish to receive messages from other users, you can enable the "Ignore" feature of the Yahoo! Software. The "Ignore" feature allows you to create a list of users you wish to block that you can review and edit from time to time. Your ability to send and receive instant messages and other information may be blocked by Yahoo! and by other users, which may partially or wholly limit your ability to use the Yahoo! Software. By using the Yahoo! Software, you agree that Yahoo! has no responsibility for assessing or resolving any disputes arising from a user's ability to ignore, send messages or otherwise use the Yahoo! Software Services.
If and to the extent authorized by Licensor, the Yahoo! Software Services may allow you to communicate with users of other instant messaging products. In that event, you acknowledge and agree that (i) your use of the Yahoo! Software Services is subject to this Software License Agreement, the TOS and any terms governing the use of other instant messaging products that you have agreed to, if any, that are consistent with this Software License Agreement and the TOS, and (ii) users of other instant messaging products are subject to the terms and conditions governing such other instant messaging products. Licensor assumes no responsibility for the conduct or content of messages sent by users of other instant messaging products.
6. Support and Software Updates.
Licensor may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Yahoo! Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Licensor reserves the right to charge you for any Support it provides but will make a schedule of those charges available to you prior to your incurring any costs. You agree to pay all fees and charges incurred through your use of Support at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You will pay all applicable taxes relating to use Support through your account.
Licensor may change, suspend or discontinue any aspect of the Yahoo! Software Services at any time, including the availability of any Yahoo! Software feature, database, or content. Licensor may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo! Software Services without notice or liability.
7. Fees, Payments and Equipment.
Licensor reserves the right to charge fees for future use of or access to the Yahoo! Software Services in Licensor's sole discretion. However, in no event will you be charged for access to portions of the Yahoo! Software Services unless Licensor makes available a schedule of such charges. You agree to pay all fees and charges incurred through your use of the Yahoo! Software Services at the rates in effect for the billing period in which such fees and charges are incurred including, but not limited to, charges for any products or services offered for sale through the Yahoo! Software Services by Licensor or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Yahoo! Software Services through your account.
You are solely responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed for access to and use of the Yahoo! Software Services and for all charges you incur related thereto. Where permitted and available, you may also use optional equipment to access the Yahoo! Software Services (for instance, a USB port phone device to access and use the PC-to-PC calling feature in Yahoo! Messenger, which device may or may not include dual functionality to access a traditional landline service not provided by Licensor). Any required or optional equipment that you use to use or access the Yahoo! Software Services, whether required or optional, is subject to the applicable terms, conditions, warranties and disclaimers of the manufacturer of that equipment. Please refer to the materials you received when you purchased the equipment to identify your rights and obligations in respect of that equipment, including any warranties and disclaimers that may be applicable to you.
8. Termination
You may terminate this Software License Agreement by discontinuing use of all or any of the Yahoo! Software and by destroying all your copies of the Yahoo! Software. This Software License Agreement terminates automatically if (a) you violate any of the terms or conditions of this Software License Agreement, (b) Licensor publicly posts a written notice of termination on any of Licensor's Web and wireless properties or sends a written notice of termination to you directly, (c) you attempt to transfer a copy of the Yahoo! Software or assign or delegate your rights under this Software License Agreement to any third party, which transfer, assignment, or delegation will be null and void, or (d) Licensor revokes this Software License Agreement 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 Web or wireless properties, 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.
9. Disclaimer of Warranties by Licensor.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE YAHOO! SOFTWARE, THE YAHOO! SOFTWARE SERVICES AND ANY DATA ACCESSED OR OBTAINED THEREFROM IS ENTIRELY AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "LICENSOR ENTITIES") AND THEIR OWN LICENSORS DO NOT REPRESENT THAT THE YAHOO! SOFTWARE, THE YAHOO! SOFTWARE SERVICES OR ANY DATA ACCESSED OR OBTAINED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE SINGAPORE. WHERE YOU USE ANY REQUIRED OR OPTIONAL EQUIPMENT TO USE OR ACCESS THE YAHOO! SOFTWARE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SAME AT YOUR OWN RISK AND THAT THE LICENSOR ENTITIES AND THEIR LICENSORS MAKE NO REPRESENTATION OR WARRANTY ABOUT SUCH EQUIPMENT.
THE LICENSOR ENTITIES AND THEIR LICENSORS EXPRESSLY DISCLAIM ANY WRITTEN OR ORAL REPRESENTATIONS WHICH CONTRADICT THIS SOFTWARE LICENSE AGREEMENT AND ANY AND ALL IMPLIED WARRANTIES PERTAINING TO THE YAHOO! SOFTWARE, THE YAHOO! SOFTWARE SERVICES, ANY DATA ACCESSED OR OBTAINED THEREFROM AND ANY REQUIRED OR OPTIONAL EQUIPMENT USED BY YOU TO USE OR ACCESS THE YAHOO! SOFTWARE SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE YAHOO! SOFTWARE, THE YAHOO! SOFTWARE SERVICES AND ANY DATA ACCESSED OR OBTAINED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE (OTHER THAN A WARRANTY THE EXCLUSION OF WHICH IS NOT LAWFUL). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IF THE YAHOO! SOFTWARE, THE YAHOO! SOFTWARE SERVICES, ANY DATA ACCESSED OR OBTAINED THEREFROM, OR ANY REQUIRED OR OPTIONAL EQUIPMENT USED BY YOU TO USE OR ACCESS THE YAHOO! SOFTWARE SERVICES PROVES DEFECTIVE, YOU (AND NOT THE LICENSOR ENTITIES OR THEIR LICENSORS) WILL BE RESPONSIBLE AND LIABLE FOR THE ENTIRE COST OF ALL NECESSARY REPAIR TO THE YAHOO! SOFTWARE OR TO YOUR COMPUTER SYSTEMS, CORRECTION OF INACCURATE DATA, OR INJURY OF ANY KIND, EVEN IF THE LICENSOR ENTITIES OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE LICENSOR ENTITIES AND THEIR LICENSORS ARE NOT RESPONSIBLE FOR THE SECURITY OR PRIVACY OF ANY COMMUNICATIONS SENT USING OR THROUGH THE YAHOO! SOFTWARE SERVICES, INCLUDING BUT NOT LIMITED TO WHERE THE YAHOO! SOFTWARE SERVICES ARE BEING ACCESSED VIA WIRELESS DEVICES.
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 discontinue use of any component of the Yahoo! Software at any time without notice. Neither Licensor nor its 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 or any data server.
10. Limitation of Liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LICENSOR ENTITIES AND THEIR OWN 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. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE LICENSOR ENTITIES AND THEIR LICENSORS WILL NEVER BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE YAHOO! SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE LICENSOR ENTITIES AND THEIR LICENSORS WILL NOT BE LIABLE TO YOU FOR DIRECT DAMAGES OF ANY KIND IN CONNECTION WITH ANY THIRD PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE, OR ACCESS TO OR INABILITY TO ACCESS ANY DATA SERVERS.
YOU ACKNOWLEDGE THAT INFORMATION PROVIDED THROUGH THE YAHOO! SOFTWARE, INCLUDING WITHOUT LIMITATION ANALYSIS, QUOTES, AND FINANCIAL DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND YOU AGREE THAT THE LICENSOR ENTITIES AND THEIR LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. THE LICENSOR ENTITIES AND THEIR LICENSORS DO 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 ADVICE, OPINION, STATEMENT, OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOU AGREE THAT LICENSOR MAY 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, HOURS OF AVAILABILITY, AND EQUIPMENT NEEDED FOR ACCESS OR USE THE YAHOO! SOFTWARE SERVICES, AND THE LICENSOR ENTITIES AND THEIR LICENSORS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU ARISING THEREFROM OR RELATED THERETO. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE LICENSOR ENTITIES' DIRECT DAMAGES LIABILITY TO YOU EXCEED (COLLECTIVELY) SGD1.00.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 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.
11. Indemnification.
You agree to indemnify and hold the Licensor Entities and their licensors harmless from any claim or demand, including legal fees (on a full indemnity basis), made by any third party in connection with or arising out of your access to and/or use of the Yahoo! Software and/or the Yahoo! Software Services, your violation of any terms or conditions of this Software License Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
12. Governing Law.
This Software License Agreement shall be governed by the laws of Singapore, except conflict of law rules. You hereby irrevocably consent 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 Agreement.
13. Severability.
If, for any reason, a court of competent jurisdiction finds any provision of this Software License Agreement, or portion thereof, unenforceable, then the remainder of the Software License Agreement shall continue in full force and effect and will be read to give maximum effect to the intention of the parties as reflected by its plain language.
14. No General Waiver.
The failure of Licensor or of any third party entitled to enforce this Software License Agreement directly against you, in any instance, to exercise any of its rights under this Software License Agreement will not constitute a general waiver of such or any other rights hereunder.
15. Amendments.
Licensor reserves the right to revise this Software License Agreement at any time in its sole discretion. You are deemed to be aware of, to accept and to agree to be bound by any changes upon publication of such changes on any of Licensor’s Web or wireless properties. In any event, your continued use of the Yahoo! Software after such change will constitute your acceptance of and agreement to be bound by such revised Software License Agreement.
16. Rights of Third Parties
Save as expressly provided otherwise in Section 3, you and Licensor acknowledge and agree that the Singapore Contracts (Rights of Third Parties) Act (Cap. 53B) shall not apply to this Software License Agreement, and neither you nor Licensor intends for any provision of this Software License Agreement to be enforceable by any person apart from you or any of the entities comprising Licensor, whether by virtue of that Act or otherwise.
17. Complete Agreement.
This Software License Agreement and the TOS constitute the entire understanding between the parties respecting use of the Yahoo! Software Services and Content (as defined in the TOS) and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Software License Agreement 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 Agreement. 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 Agreement and those in the TOS, the terms and conditions of this Software License Agreement will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions.
18. Surviving Provisions.
Sections 3, 7, 9 to 14 and 16 to 18 will survive any termination of this Software License Agreement.