FoxyTunes
Software License
Welcome to the FoxyTunes Client (the "FoxyTunes
Software"). By clicking the acceptance button or by installing or using
the FoxyTunes Software, you agree to these software license terms (the "Software
License") that supplement the Yahoo! Terms of Service ("TOS") located
at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html. If
you disagree with any of the terms below, Yahoo! does not grant you a license
to use the FoxyTunes Software; and you should uninstall the FoxyTunes Software
from your computer or click the "I Disagree" or the cancellation
button to exit the installer.
Your use of the FoxyTunes Software, and certain other
information about you (including any optional registration data you may provide)
is subject to FoxyTunes’ Privacy Policy, which can be found at http://www.foxytunes.com/privacy and
which by reference is made a part of this Agreement. It is important that you read and understand
the terms of the FoxyTunes Privacy Policy.
Yahoo! reserves the right to update and change, from time to
time, this Software License and all documents incorporated by reference. You
can always find the most recent version of this Software License at http://www.foxytunes.com/EULA.html. Yahoo!
may change this Software License by posting a new version without notice to you.
Use of the FoxyTunes Software after such change constitutes acceptance of such
changes.
1. Licensed Uses and Restrictions.
The FoxyTunes Software application(s), documentation, and
local computer files installed or utilized by the installer application (collectively,
the "FoxyTunes Software") are owned by Yahoo!, or Yahoo!'s licensors
and content and data providers ("Yahoo! Licensors") 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. This Software License
defines legal use of the FoxyTunes Software, all updates, revisions, substitutions,
and any copies of the FoxyTunes Software made by or for you. All rights not
expressly granted to you are reserved by Yahoo! or their respective owners.
a. YOU MAY:
(i) install and personally use the FoxyTunes Software and
any updates provided by Yahoo! (in its sole discretion) in object code form on
a personal computer owned or controlled by you and may use the FoxyTunes
Software for your own noncommercial use or benefit, at home, at school, at work
or at any other location.
(ii) freely
copy and distribute the FoxyTunes Software provided that; (A) you do not charge
any money for the FoxyTunes Software; (B) you do not bundle the FoxyTunes
Software with any commercial software or hardware products; (C) any end users
who install, access, or use the FoxyTunes Software shall also be subject to
this Software License; and (D) you comply with all the remaining terms and
conditions of this Software License including, without limitation, the
prohibition on modifying the FoxyTunes Software and the requirement that you
comply with applicable laws and export control regulations.
Your
license to the FoxyTunes Software under this Software License continues until
it is terminated by either party. You may terminate the Software License by
discontinuing use of all or any of the FoxyTunes Software and by destroying all
your copies of the applicable FoxyTunes Software. This Software License
terminates automatically if you violate any term of this Software License, Yahoo!
publicly posts a written notice of termination on Yahoo!'s web site, or Yahoo! sends
a written notice of termination to you directly.
b. YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease,
loan, or create derivative works (as defined by the U.S. Copyright Act) or
improvements (as defined by U.S. patent law) from the FoxyTunes Software or any
portion thereof.
(ii) incorporate the FoxyTunes Software into any computer
chip or the firmware of a computing device manufactured by or for you.
(iii) access the FoxyTunes Software or its modules from
another program or software component, including without limitation scripts and
automated tools.
(iii) use the FoxyTunes Software in any unlawful manner, for
any unlawful purpose, or in any manner inconsistent with TOS or this Software
License.
(iv) use the FoxyTunes Software to operate nuclear
facilities, life support or other mission critical application where human life
or property may be at stake. You understand that the FoxyTunes 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
Yahoo! is not responsible.
(v) use, or export the FoxyTunes Software in violation of
applicable U.S. laws or regulations.
(vi) sell, lease, loan, or sublicense the FoxyTunes Software
or access thereto or derive income from the use or provision of the FoxyTunes
Software, whether for direct commercial or monetary gain or otherwise, without
Yahoo!'s prior, express, written permission.
Please contact us at info@foxytunes.com <mailto: info@foxtunes.com> if
you are interested in commercial use of the Software.
c. Export and Import Compliance.
The FoxyTunes Software is subject to the
export and/or import controls of the United States and other countries. You
agree to comply strictly with all applicable export and import laws and
regulations. In particular, you: (a) represent and warrant that you are
not a party identified on any government export exclusion list, including but
not limited to the U.S. Denied Persons, Entity, and Specially Designated
Nationals Lists, nor will you transfer the FoxyTunes Software or use Yahoo! products
to export or re-export to parties identified on such lists; (b) agree not to
use the FoxyTunes Software for military, nuclear, missile, chemical or
biological weaponry end uses in violation of U.S. export laws; (c) agree not to
directly or indirectly transfer or facilitate the transfer of the FoxyTunes
Software to countries subject to U.S. embargo or trade sanctions.
2. Ownership and Relationship of Parties.
The FoxyTunes Software is protected by copyrights, trademarks,
service marks, international treaties and/or other proprietary rights and laws
of the U.S. 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 and in the TOS. Yahoo!
and Yahoo!'s Licensors own all rights, title, and interest in and to their
applicable contributions to the FoxyTunes Software. Except as explicitly stated
in this Software License and subject to the terms and conditions of this
Software License, this Software License grants you no right, title, or interest
in any intellectual property owned or licensed by Yahoo!, including (but not
limited to) the FoxyTunes Software and Yahoo! trademarks, and creates no
relationship between yourself and Yahoo!'s Licensors, or between you and Yahoo!,
other than that of Yahoo! to licensee.
The FoxyTunes Software, and its components contain software
licensed from Yahoo! Licensors ("Licensor Software"). The Licensor
Software may enable the FoxyTunes Software to perform certain functions, including
without limitation, access proprietary data on third party data servers. You agree that you will use the FoxyTunes
Software, and any data accessed through the FoxyTunes Software for your own personal
non-commercial use only. You agree not to assign, copy, transfer or transmit
the FoxyTunes Software, or any data obtained through the FoxyTunes Software to
any third party. Your license to use the FoxyTunes 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 FoxyTunes
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 these third parties may enforce their rights under this
Agreement against you directly in their own name. Attributions, specific licenses, and
additional information for certain third party components that are incorporated
into the FoxyTunes Software are specified in the copyright notice file
delivered with the Software
3. Support and Software Updates.
Yahoo! may elect to provide you with customer support and/or
software upgrades, enhancements, or modifications for the FoxyTunes Software (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 FoxyTunes Software at any time, including the availability of any
FoxyTunes Software feature, database, or content. Yahoo! may also impose limits
on certain features and services or restrict your access to parts or all of the
FoxyTunes Software or the Yahoo! web site without notice or liability.
4. Fees and Payments.
Yahoo! reserves the right to charge fees for future use of
or access to the FoxyTunes Software or the Yahoo! services and web sites (collectively,
"FoxyTunes Software Services") in Yahoo!'s sole discretion. If Yahoo!
decides to charge for the FoxyTunes Software Services, such charges will be
disclosed to you prior.
5. Disclaimer of Warranties by Yahoo!.
USE OF THE FOXYTUNES SOFTWARE AND ANY DATA ACCESSED THROUGH
THE FOXYTUNES SOFTWARE (SUCH AS MUSIC, VIDEOS, TELEVISION CONTENT, IMAGES, NEWS
OR OTHER INFORMATION) IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS".
YAHOO!, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS,
AFFILIATES, AND ASSIGNS (COLLECTIVELY, "YAHOO! ENTITIES") AND YAHOO! LICENSORS
DO NOT REPRESENT THAT THE FOXYTUNES SOFTWARE OR ANY DATA ACCESSED THEREFROM IS
APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
YAHOO!, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS,
AFFILIATES, AND ASSIGNS (COLLECTIVELY, "YAHOO! ENTITIES") AND YAHOO! LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING
TO THE FOXYTUNES SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS,
COMPLETENESS, OR ADEQUACY OF THE FOXYTUNES SOFTWARE AND ANY DATA ACCESSED
THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IF THE FOXYTUNES SOFTWARE OR ANY DATA ACCESSED THEREFROM
PROVES DEFECTIVE, YOU (AND NOT THE YAHOO! ENTITIES OR THE YAHOO! LICENSORS) ASSUME
THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE YAHOO! ENTITIES
OR YAHOO! LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO
SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability.
THE YAHOO! ENTITIES AND YAHOO! 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 FOXYTUNES SOFTWARE BY YOURSELF OR BY THIRD PARTIES, WHETHER
SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS ARE NOT LIABLE TO
YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD PARTY SOFTWARE, ANY DATA
ACCESSED THROUGH THE FOXYTUNES SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS
THE FOXYTUNES SOFTWARE, OR ANY DATA PROVIDED THROUGH THE FOXYTUNES 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. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE FOXYTUNES SOFTWARE MAY BE
DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE YAHOO! ENTITIES
AND YAHOO! LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. YAHOO! MAY
CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE FOXYTUNES SOFTWARE OR THE
USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE FOXYTUNES SOFTWARE AT ANY TIME
WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT AND HOURS
OF AVAILABILITY.
7. Indemnification.
You agree to indemnify and hold the Yahoo! Entities harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party in connection with or arising out of your use of the FoxyTunes
Software, your violation of any terms or conditions of this Software License, your
violation of applicable laws, or your violation of any rights of another person
or entity.
8. Controlling Law.
This Software License and the relationship between you and
Yahoo! is 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 and
exclusive jurisdiction of the courts located within the county of Santa Clara, California.
The United Nations Convention on the International Sale of Goods does not apply
to this Software License.
9. No General Waiver; Severability.
The failure of Yahoo! to exercise or enforce any right or
provision of this Software License shall not constitute a waiver of such right
or provision. If any provision of this Software License 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 this Software License remain in full
force and effect.
10. Complete Agreement.
This Software License and the TOS constitute the entire
understanding between the parties respecting use of the FoxyTunes Software, superseding
all prior agreements between you and Yahoo!. In the event of any conflict
between the terms and conditions of this Software License and those in the TOS,
the terms and conditions of this Software License will control, except to the
extent that the TOS impose additional restrictions and liabilities on your
actions. In the event of a conflict between the terms of this Software License and
the TOS, this Software License will control to the extent of such conflict.
11. Surviving Provisions.
Sections 1(b), 1(c), 2, and 4 through 11, will survive any termination of this Agreement.