path: root/common/YPL1.0

Yahoo! Public License, Version 1.0 (YPL)

This Yahoo! Public License (this "Agreement") is a legal agreement
that describes the terms under which Yahoo! Inc., a Delaware
corporation having its principal place of business at 701 First
Avenue, Sunnyvale, California 94089 ("Yahoo!") will provide software
to you via download or otherwise ("Software"). By using the Software,
you, an individual or an entity ("You") agree to the terms of this
Agreement.

In consideration of the mutual promises and upon the terms and
conditions set forth below, the parties agree as follows:


1. Grant of Copyright License

1.1 - Subject to the terms and conditions of this Agreement, Yahoo!
hereby grants to You, under any and all of its copyright interest in
and to the Software, a royalty-free, non-exclusive, non-transferable
license to copy, modify, compile, execute, and distribute the Software
and Modifications. For the purposes of this Agreement, any change to,
addition to, or abridgement of the Software made by You is a
"Modification;" however, any file You add to the Software that does
not contain any part of the Software is not a "Modification."

1.2 - If You are an individual acting on behalf of a corporation or
other entity, Your use of the Software or any Modification is subject
to Your having the authority to bind such corporation or entity to
this Agreement. Providing copies to persons within such corporation or
entity is not considered distribution for purposes of this Agreement.

1.3 - For the Software or any Modification You distribute in source
code format, You must do so only under the terms of this Agreement,
and You must include a complete copy of this Agreement with Your
distribution. With respect to any Modification You distribute in
source code format, the terms of this Agreement will apply to You in
the same way those terms apply to Yahoo! with respect to the
Software. In other words, when You are distributing Modifications
under this Agreement, You "stand in the shoes" of Yahoo! in terms of
the rights You grant and how the terms and conditions apply to You and
the licensees of Your Modifications. Notwithstanding the foregoing,
when You "stand in the shoes" of Yahoo!, You are not subject to the
jurisdiction provision under Section 7, which requires all disputes
under this Agreement to be subject to the jurisdiction of federal or
state courts of northern California.

1.4 - For the Software or any Modification You distribute in compiled
or object code format, You must also provide recipients with access to
the Software or Modification in source code format along with a
complete copy of this Agreement. The distribution of the Software or
Modifications in compiled or object code format may be under a license
of Your choice, provided that You are in compliance with the terms of
this Agreement. In addition, You must make absolutely clear that any
license terms applying to such Software or Modification that differ
from this Agreement are offered by You alone and not by Yahoo!, and
that such license does not restrict recipients from exercising rights
in the source code to the Software granted by Yahoo! under this
Agreement or rights in the source code to any Modification granted by
You as described in Section 1.3.

1.5 - This Agreement does not limit Your right to distribute files
that are entirely Your own work (i.e., which do not incorporate any
portion of the Software and are not Modifications) under any terms You
choose.


2. Support

Yahoo! has no obligation to provide technical support or updates to
You. Nothing in this Agreement requires Yahoo! to enter into any
license with You for any other edition of the Software.


3. Intellectual Property Rights

3.1 - Except for the license expressly granted under copyright in
Section 1.1, no rights, licenses or forbearances are granted or may
arise in relation to this Agreement whether expressly, by implication,
exhaustion, estoppel or otherwise. All rights, including all
intellectual property rights, that are not expressly granted under
this Agreement are hereby reserved.

3.2 - In any copy of the Software or in any Modification you create,
You must retain and reproduce, any and all copyright, patent,
trademark, and attribution notices that are included in the Software
in the same form as they appear in the Software. This includes the
preservation of attribution notices in the form of trademarks or logos
that exist within a user interface of the Software.

3.3 - This license does not grant You rights to use any party's name,
logo, or trademarks, except solely as necessary to comply with Section
3.2.


4. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY
KIND. YAHOO! MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR
STATUTORY REGARDING OR RELATING TO THE SOFTWARE. SPECIFICALLY, YAHOO!
DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL PERFORM
IN AN UNINTERRUPTED MANNER. TO THE GREATEST EXTENT ALLOWED BY LAW,
YAHOO! SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF YAHOO! HAD
BEEN INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO
THE SOFTWARE, ANY MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF
THE FOREGOING.


5. Limitation of Liability

IN NO EVENT WILL YAHOO! BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, BUSINESS
INTERRUPTION, LOSS OF DATA, COST OF COVER) IN CONNECTION WITH OR
ARISING OUT OF OR RELATING TO THE FURNISHING, PERFORMANCE OR USE OF
THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER, WHETHER ALLEGED AS
A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, AND
EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


6. Term and Termination

6.1 - This Agreement will continue in effect unless and until
terminated earlier pursuant to this Section 6.

6.2 - In the event Yahoo! determines that You have breached this
Agreement, Yahoo! may terminate this Agreement.

6.3 - All licenses granted hereunder shall terminate upon the
termination of this Agreement. Termination will be in addition to any
rights and remedies available to Yahoo! at law or equity or under this
Agreement.

6.4 - Termination of this Agreement will not affect the provisions
regarding reservation of rights (Section 3.1), provisions disclaiming
or limiting Yahoo!'s liability (Sections 4 and 5), Termination
(Section 6) or Miscellaneous (Section 7), which provisions will
survive termination of this Agreement.


7. Miscellaneous

This Agreement contains the entire agreement of the parties with
respect to the subject matter of this Agreement and supersedes all
previous communications, representations, understandings and
agreements, either oral or written, between the parties with respect
to said subject matter. The relationship of the parties hereunder is
that of independent contractors, and this Agreement will not be
construed as creating an agency, partnership, joint venture or any
other form of legal association between the parties. If any term,
condition, or provision in this Agreement is found to be invalid,
unlawful or unenforceable to any extent, this Agreement will be
construed in a manner that most closely effectuates the intent of this
Agreement. Such invalid term, condition or provision will be severed
from the remaining terms, conditions and provisions, which will
continue to be valid and enforceable to the fullest extent permitted
by law. This Agreement will be interpreted and construed in accordance
with the laws of the State of California and the United States of
America, without regard to conflict of law principles. The
U.N. Convention on Contracts for the International Sale of Goods shall
not apply to this Agreement. All disputes arising out of this
Agreement involving Yahoo! or any of its subsidiaries shall be subject
to the jurisdiction of the federal or state courts of northern
California, with venue lying in Santa Clara County, California. No
rights may be assigned, no obligations may be delegated, and this
Agreement may not be transferred by You, in whole or in part, whether
voluntary or by operation of law, including by way of sale of assets,
merger or consolidation, without the prior written consent of Yahoo!,
and any purported assignment, delegation or transfer without such
consent shall be void ab initio. Any waiver of the provisions of this
Agreement or of a party's rights or remedies under this Agreement must
be in writing to be effective. Failure, neglect or delay by a party to
enforce the provisions of this Agreement or its rights or remedies at
any time, will not be construed or be deemed to be a waiver of such
party's rights under this Agreement and will not in any way affect the
validity of the whole or any part of this Agreement or prejudice such
party's right to take subsequent action.