Fire Eagle : Fire Eagle API Terms of Service

This is the Fire Eagle API Terms of Use for developing applications on the Fire Eagle platform. When you create an application, we will ask you to agree to these terms.

Welcome to Yahoo! Your use of any Yahoo! services is subject to the Yahoo! Terms of Service (TOS) located at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html. In addition, this Yahoo! Fire Eagle API Terms of Use (Fire Eagle API TOU) and the Fire Eagle Developer Code of Conduct set forth the terms and conditions for your use of the Yahoo! Fire Eagle Platform and API (collectively Fire Eagle API), and all updates, revisions, and any copies of the Fire Eagle API made by or for You. Yahoo! Inc. ("Yahoo!") reserves the right to update and change, from time to time, and without notice to you, this Fire Eagle API TOU and all documents incorporated by reference. Your use of the Fire Eagle API at any time constitutes your acceptance of the then current version of this Fire Eagle API TOU. You can access the most current version of the Fire Eagle API TOU at http://fireeagle.yahoo.net/developer/documentation/apiterms. You can also access the Fire Eagle Developer Code of Conduct at http://fireeagle.yahoo.net/developer/documentation/conductcode.

1. Licensed Uses, Requirements, and Restrictions.

The Fire Eagle API is owned by Yahoo! and is licensed to you on a worldwide, non-exclusive, non-sublicensable basis, subject to the limitations and restrictions set forth below. All rights not expressly granted to you are reserved by Yahoo!.

a. Subject to the restrictions and requirements set forth in this Fire Eagle API TOU, YOU MAY use the Fire Eagle API and any updates provided by Yahoo! (in its sole discretion) to create your application (Your Application). You may provide Yahoo! with any technical or other feedback concerning your use and experience with the Fire Eagle API (Feedback). If you provide any Feedback to Yahoo, Yahoo will have the rights to Your Feedback as set forth in Section 2 of this agreement. You promise not to provide any Feedback to Yahoo which is composed of proprietary or confidential information for which you do not have the right to disclose or share with Yahoo!.

b. Unless otherwise specified, use and redistribution of all computer code made available to you as the Fire Eagle API 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 (i) through (iii) must be met:

(i) Redistributions in source code form must contain the copyright notice "Copyright 2007 Yahoo! Inc., All Rights Reserved", this list of conditions (i through iii), and the following disclaimer.

(ii) Redistributions in binary form must reproduce the copyright notice "Copyright 2007 Yahoo! Inc., All Rights Reserved", this list of conditions (i through iii), and the following disclaimer in the documentation and/or other materials provided with the distribution.

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.

(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!.

c. YOU SHALL

(i) register any application or service you develop that incorporates or utilizes the Fire Eagle API at http://fireeagle.yahoo.net/developer/create, where you will be required to sign up for application identification information (application ID). 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. You may only create a single application ID per application or service and you must place such application ID into Your Application so that it accompanies all web services requests coming from Your Application. By registering Your Application, You may also confirm with Yahoo! that Your Application constitutes an acceptable use of the Fire Eagle API, e.g., inquiries about rate limit increases;

(ii) be solely responsible for providing support to end users of Your Application (excluding any components that are the Fire Eagle API);

(iii) always truthfully and accurately represent what Your Application (and any successive updates or versions) does for end users of Your Application (Users) and to User data;

(iv) be solely responsible for presenting your privacy policy to Users of Your Application, and for securing consent from Users granting you permission to access and/or write to such Users location data (and any other data, such as time stamps, associated with the location data). When accessing or writing to User data, you shall strictly comply with your own privacy policy and with the scope of consent that the User granted you.

d. YOU SHALL NOT use the Fire Eagle API:

(i) 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, spam, phishing, 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 or accessories;

(ii) 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 Fire Eagle TOU;

(iii) to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Fire Eagle API is 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) in the following ways: sell, lease, share, transfer, or sublicense the Fire Eagle API, or access or access codes thereto, or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without Yahoo!'s prior, express, written permission;

(v) 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 Fire Eagle API documentation located within as determined by Yahoo! in its sole discretion;

(vi) in a product or service that competes with products or services offered by Yahoo, or in a product or service which is intended to generate monetary gain or profit, either directly or indirectly, for you or your organization;

(vii) in any application that replicates, replaces, or attempts to replicate or replace the Fire Eagle service; and

(viii) in connection with any attempt to cloak or conceal your identity or Your Applications identity when requesting authorization to use the Fire Eagle API or requesting consent to access or write to User data.

e. Attribution. You shall place the following notice prominently on Your Application: This application uses the Fire Eagle API but is not endorsed or certified by Fire Eagle. You may not use the Fire Eagle logo, or the word Fire Eagle in the hostname of your application (i.e., fireeagle.mydomain.com), without specific written permission from Yahoo! Any use of the Fire Eagle logo in Your Application shall be less prominent than the logo or mark that brands Your Application.

2. Ownership and Relationship of Parties.

Yahoo! owns all rights, title, and interest in and to the Fire Eagle API, which 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 Fire Eagle API and all associated output and executables , excluding any software components developed by You which do not themselves incorporate the Fire Eagle API or output and executables from the Fire Eagle API. 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 Yahoo! Fire Eagle API TOU and in the TOS. Yahoo! will have a perpetual, worldwide, irrevocable, sublicensable, and royalty-free license to utilize, modify, and distribute Your Feedback, as well as incorporate such Feedback into the Fire Eagle API or versions thereof. However, You agree that Yahoos incorporation of Feedback into the Fire Eagle API does not grant You any proprietary rights in the Fire Eagle API. Other than the license grant in this agreement, this Fire Eagle TOU grants you no right, title, or interest in any intellectual property owned or licensed by Yahoo!, including (but not limited to) the Fire Eagle API and Yahoo! trademarks.

3. Support.

Yahoo! may elect in its sole discretion to provide you with support or modifications for the Fire Eagle API (collectively, "Support"), and may terminate such Support at any time without notice to you. Yahoo! may change, suspend, or discontinue any aspect of the Fire Eagle API at any time, including its availability. Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the Fire Eagle API or the Yahoo! Web site without notice or liability. Yahoo! will use reasonable efforts to notify You with related status alerts, provided that you have registered Your Application with Yahoo!.

4. Fees and Payments.

Yahoo! reserves the right in its sole discretion to charge fees for future use of or access to the Fire Eagle API or any services or Web sites related thereto. If Yahoo! decides to charge for such services, Yahoo will notify You in advance of such charges.

5. Termination.

Your license to the Fire Eagle API under this Fire Eagle API TOU continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Fire Eagle API. Yahoo! may terminate this Fire Eagle API TOU at any time for any reason. This Fire Eagle API TOU terminates automatically if (i) you violate any terms set forth herein, (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 You access to the Fire Eagle API. Sections 5 (Termination), 6 (Disclaimer of Any Warranty), 7A (Limitation of Liability), 7B (Exclusions and Limitations), 8(Release and Waiver), 9(Hold Harmless and Indemnity), and 10(General Terms) shall survive termination of this agreement.

6. Disclaimer of Any Warranty.

THE FIRE EAGLE API IS EXPERIMENTAL AND HAS NOT BEEN TESTED IN ANY MANNER. YAHOO! DOES NOT REPRESENT OR WARRANT THAT THE FIRE EAGLE API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE FIRE EAGLE API IS 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, AVAILABLILTY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

YOUR USE OF THE FIRE EAGLE API IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY FIRE EAGLE API, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

7A. Limitation of Liability.

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 FIRE EAGLE API, 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 MORE THAN THE AMOUNT PAID BY YOU TO YAHOO! UNDER THIS AGREEMENT.

7B. Exclusions and Limitations.

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 6 AND 7A MAY NOT APPLY TO YOU.

8. Release and Waiver.

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 the Fire Eagle API. 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.

9. Hold Harmless and Indemnity.

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, partners, and employees from and against any third party claim arising from or in any way related to Your use of the Fire Eagle API or your breach of any of your obligations and promises under this agreement, 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. General Terms.

10.1 Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Fire Eagle API TOU, you and Yahoo! shall be independent, and shall not act 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 this agreement 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 Fire Eagle API TOU 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 this Fire Eagle API TOU 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 its terms. Any construction or interpretation to be made shall not be construed against the drafter. The Fire Eagle API TOU, and any agreements incorporated by reference, together constitute the entire agreement between Yahoo! and you with respect to the subject matter hereof.