education
SOFTWARE LICENSE AND YAHOO! TERMS OF SERVICE Welcome to Yahoo! Toolbar (the "Yahoo! Software"). By clicking the "I Agree" button, 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 Yahoo! Software; click the "I Disagree" button to exit the installer.
Your registration data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://privacy.yahoo.com/, or if you came from Yahooligans!, then see our Yahooligans! privacy policy at http://www.yahooligans.com/docs/privacy/.
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://info.yahoo.com/legal/us/yahoo/toolbar/tbeula/tbeula-282.html . Yahoo! may change this Software License by posting a new version without notice to you. Use of the Yahoo! Software after such change constitutes acceptance of such changes.
1. Licensed Uses and Restrictions.
By accepting the terms of this Agreement, you represent to Yahoo! Inc. and its affiliates (collectively, "Yahoo!") that you are at least 18 years old. The Yahoo! Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "Yahoo! 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 Yahoo! Software, all updates, revisions, substitutions, and any copies of the Yahoo! Software made by or for you. All rights not expressly granted to you are reserved by Yahoo! or their respective owners.
a. YOU MAY install and personally use the Yahoo! 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 Yahoo! Software for your own noncommercial use or benefit. Your license to the Yahoo! 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 Yahoo! Software and by destroying all your copies of the applicable Yahoo! 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, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Yahoo! Software or any portion thereof.
(ii) incorporate the Yahoo! Software into any computer chip or the firmware of a computing device manufactured by or for you.
(iii) use the Yahoo! Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with TOS or this Software License.
(iv) you may not use the Yahoo! 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 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 yahoo! is not responsible.
(v) use, or export the Yahoo! Software in violation of applicable U.S. laws or regulations.
(vi) sell, 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 Yahoo!'s prior, express, written permission.
2. Ownership and Relationship of Parties.
The Yahoo! 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 Yahoo! Software. 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 Yahoo! 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 Yahoo! Software, and its components contain software licensed from Yahoo! Licensors ("Licensor Software"). The Licensor Software enables the Yahoo! Software 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 any data accessed through the Yahoo! Software for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Yahoo! Software, or any data obtained through the Yahoo! Software to any third party. 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 these third parties may enforce their rights under this Agreement against you directly in their own name.
3. Support and Software Updates.
Yahoo! 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. Yahoo! may change, suspend or discontinue any aspect of the Yahoo! Software at any time, including the availability of any Yahoo! 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 Yahoo! 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 Yahoo! Software or the Yahoo! services and web sites (collectively, "Yahoo! Software Services") in Yahoo!'s sole discretion. If Yahoo! decides to charge for the Yahoo! Software Services, such charges will be disclosed to you prior.
5. Disclaimer of Warranties by Yahoo!.
USE OF THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE (SUCH AS STOCK QUOTES, MARKET INFORMATION, 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 YAHOO! SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE YAHOO! 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 YAHOO! 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 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.
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 YAHOO! SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE YAHOO! SOFTWARE OR ANY DATA PROVIDED THROUGH 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. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE YAHOO! SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS AND FINANCIAL DATA, 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 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.
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 Yahoo! 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. Government End Users.
If the Yahoo! Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Yahoo! Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227- 19 for "restricted computer software". All other terms and conditions of this Software License apply.
9. 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.
10. 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.
11. Complete Agreement.
This Software License and the TOS constitute the entire understanding between the parties respecting use of the Yahoo! 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.
12. Surviving Provisions.
Sections 2, and 4 through 12, will survive any termination of this Agreement.
by.ricky
SOFTWARE LICENSE AND YAHOO! TERMS OF SERVICE Welcome to Yahoo! Toolbar (the "Yahoo! Software"). By clicking the "I Agree" button, 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 Yahoo! Software; click the "I Disagree" button to exit the installer.
Your registration data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://privacy.yahoo.com/, or if you came from Yahooligans!, then see our Yahooligans! privacy policy at http://www.yahooligans.com/docs/privacy/.
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://info.yahoo.com/legal/us/yahoo/toolbar/tbeula/tbeula-282.html . Yahoo! may change this Software License by posting a new version without notice to you. Use of the Yahoo! Software after such change constitutes acceptance of such changes.
1. Licensed Uses and Restrictions.
By accepting the terms of this Agreement, you represent to Yahoo! Inc. and its affiliates (collectively, "Yahoo!") that you are at least 18 years old. The Yahoo! Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "Yahoo! 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 Yahoo! Software, all updates, revisions, substitutions, and any copies of the Yahoo! Software made by or for you. All rights not expressly granted to you are reserved by Yahoo! or their respective owners.
a. YOU MAY install and personally use the Yahoo! 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 Yahoo! Software for your own noncommercial use or benefit. Your license to the Yahoo! 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 Yahoo! Software and by destroying all your copies of the applicable Yahoo! 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, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Yahoo! Software or any portion thereof.
(ii) incorporate the Yahoo! Software into any computer chip or the firmware of a computing device manufactured by or for you.
(iii) use the Yahoo! Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with TOS or this Software License.
(iv) you may not use the Yahoo! 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 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 yahoo! is not responsible.
(v) use, or export the Yahoo! Software in violation of applicable U.S. laws or regulations.
(vi) sell, 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 Yahoo!'s prior, express, written permission.
2. Ownership and Relationship of Parties.
The Yahoo! 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 Yahoo! Software. 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 Yahoo! 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 Yahoo! Software, and its components contain software licensed from Yahoo! Licensors ("Licensor Software"). The Licensor Software enables the Yahoo! Software 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 any data accessed through the Yahoo! Software for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Yahoo! Software, or any data obtained through the Yahoo! Software to any third party. 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 these third parties may enforce their rights under this Agreement against you directly in their own name.
3. Support and Software Updates.
Yahoo! 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. Yahoo! may change, suspend or discontinue any aspect of the Yahoo! Software at any time, including the availability of any Yahoo! 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 Yahoo! 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 Yahoo! Software or the Yahoo! services and web sites (collectively, "Yahoo! Software Services") in Yahoo!'s sole discretion. If Yahoo! decides to charge for the Yahoo! Software Services, such charges will be disclosed to you prior.
5. Disclaimer of Warranties by Yahoo!.
USE OF THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE (SUCH AS STOCK QUOTES, MARKET INFORMATION, 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 YAHOO! SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE YAHOO! 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 YAHOO! 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 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.
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 YAHOO! SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE YAHOO! SOFTWARE OR ANY DATA PROVIDED THROUGH 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. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE YAHOO! SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS AND FINANCIAL DATA, 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 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.
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 Yahoo! 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. Government End Users.
If the Yahoo! Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Yahoo! Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227- 19 for "restricted computer software". All other terms and conditions of this Software License apply.
9. 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.
10. 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.
11. Complete Agreement.
This Software License and the TOS constitute the entire understanding between the parties respecting use of the Yahoo! 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.
12. Surviving Provisions.
Sections 2, and 4 through 12, will survive any termination of this Agreement.
Your registration data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://privacy.yahoo.com/, or if you came from Yahooligans!, then see our Yahooligans! privacy policy at http://www.yahooligans.com/docs/privacy/.
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://info.yahoo.com/legal/us/yahoo/toolbar/tbeula/tbeula-282.html . Yahoo! may change this Software License by posting a new version without notice to you. Use of the Yahoo! Software after such change constitutes acceptance of such changes.
1. Licensed Uses and Restrictions.
By accepting the terms of this Agreement, you represent to Yahoo! Inc. and its affiliates (collectively, "Yahoo!") that you are at least 18 years old. The Yahoo! Software applications, documentation, and local computer files installed or utilized by the installer application (collectively, the "Yahoo! 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 Yahoo! Software, all updates, revisions, substitutions, and any copies of the Yahoo! Software made by or for you. All rights not expressly granted to you are reserved by Yahoo! or their respective owners.
a. YOU MAY install and personally use the Yahoo! 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 Yahoo! Software for your own noncommercial use or benefit. Your license to the Yahoo! 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 Yahoo! Software and by destroying all your copies of the applicable Yahoo! 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, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Yahoo! Software or any portion thereof.
(ii) incorporate the Yahoo! Software into any computer chip or the firmware of a computing device manufactured by or for you.
(iii) use the Yahoo! Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with TOS or this Software License.
(iv) you may not use the Yahoo! 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 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 yahoo! is not responsible.
(v) use, or export the Yahoo! Software in violation of applicable U.S. laws or regulations.
(vi) sell, 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 Yahoo!'s prior, express, written permission.
2. Ownership and Relationship of Parties.
The Yahoo! 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 Yahoo! Software. 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 Yahoo! 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 Yahoo! Software, and its components contain software licensed from Yahoo! Licensors ("Licensor Software"). The Licensor Software enables the Yahoo! Software 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 any data accessed through the Yahoo! Software for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Yahoo! Software, or any data obtained through the Yahoo! Software to any third party. 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 these third parties may enforce their rights under this Agreement against you directly in their own name.
3. Support and Software Updates.
Yahoo! 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. Yahoo! may change, suspend or discontinue any aspect of the Yahoo! Software at any time, including the availability of any Yahoo! 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 Yahoo! 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 Yahoo! Software or the Yahoo! services and web sites (collectively, "Yahoo! Software Services") in Yahoo!'s sole discretion. If Yahoo! decides to charge for the Yahoo! Software Services, such charges will be disclosed to you prior.
5. Disclaimer of Warranties by Yahoo!.
USE OF THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THROUGH THE YAHOO! SOFTWARE (SUCH AS STOCK QUOTES, MARKET INFORMATION, 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 YAHOO! SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
THE YAHOO! ENTITIES AND YAHOO! LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE YAHOO! SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE YAHOO! 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 YAHOO! 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 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.
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 YAHOO! SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE YAHOO! SOFTWARE OR ANY DATA PROVIDED THROUGH 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. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE YAHOO! SOFTWARE, INCLUDING STOCK QUOTES, ANALYSIS, MARKET INFORMATION, NEWS AND FINANCIAL DATA, 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 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.
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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 Yahoo! 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. Government End Users.
If the Yahoo! Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Yahoo! Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227- 19 for "restricted computer software". All other terms and conditions of this Software License apply.
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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.
10. 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.
11. Complete Agreement.
This Software License and the TOS constitute the entire understanding between the parties respecting use of the Yahoo! 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.
12. Surviving Provisions.
Sections 2, and 4 through 12, will survive any termination of this Agreement.
leadership meet
PS Leadership Meets with Congress
APS Past-President Irving Zucker, President-elect Peter Wagner and President Gary Sieck in front of the Capitol Building
On July 7, 2009, APS President Gary Sieck, Past-President Irving Zucker and President-elect Peter Wagner came to Washington, DC to meet with Members of Congress to discuss federal funding for research at the National Institutes of Health, National Science Foundation, NASA and the department of Veterans Affairs.
Drs. Sieck, Zucker and Wagner thanked Members of Congress for their support of federally funded research, particularly in the stimulus legislation passed earlier this year. While the stimulus money will fund many exciting research projects and improve infrastructure over the next two years, they also outlined concerns about what will happen to scientists when the stimulus funding expires in FY 2011. The APS leadership recommended predictable, sustainable growth in research budgets rather than the current pattern of “boom and bust” cycles, where rapid budget growth is followed by periods of flat funding. In addition to the challenges that labs have finding continuous funding sources, they explained that concerns about the sustainability of research funding may discourage young scientists from pursuing careers in academia, leading to the loss of a generation of talented researchers.
In the Senate, Drs. Sieck, Zucker and Wagner met with Senator Mike Johanns (R-NE), and staff in the offices of Senators Daniel Inouye (D-HI) and Ben Nelson (D-NE). In the House of Representatives, they met with staff for Representatives Brian Bilbray (R-CA), Todd Tiahrt (R-KS) and Frank Wolf (R-VA). The meetings took place at a critical point in the appropriations process, as lawmakers will consider funding levels for most government agencies and programs in the next several weeks.
APS Presidents with Senator Mike Johanns (R-
APS Past-President Irving Zucker, President-elect Peter Wagner and President Gary Sieck in front of the Capitol Building
On July 7, 2009, APS President Gary Sieck, Past-President Irving Zucker and President-elect Peter Wagner came to Washington, DC to meet with Members of Congress to discuss federal funding for research at the National Institutes of Health, National Science Foundation, NASA and the department of Veterans Affairs.
Drs. Sieck, Zucker and Wagner thanked Members of Congress for their support of federally funded research, particularly in the stimulus legislation passed earlier this year. While the stimulus money will fund many exciting research projects and improve infrastructure over the next two years, they also outlined concerns about what will happen to scientists when the stimulus funding expires in FY 2011. The APS leadership recommended predictable, sustainable growth in research budgets rather than the current pattern of “boom and bust” cycles, where rapid budget growth is followed by periods of flat funding. In addition to the challenges that labs have finding continuous funding sources, they explained that concerns about the sustainability of research funding may discourage young scientists from pursuing careers in academia, leading to the loss of a generation of talented researchers.
In the Senate, Drs. Sieck, Zucker and Wagner met with Senator Mike Johanns (R-NE), and staff in the offices of Senators Daniel Inouye (D-HI) and Ben Nelson (D-NE). In the House of Representatives, they met with staff for Representatives Brian Bilbray (R-CA), Todd Tiahrt (R-KS) and Frank Wolf (R-VA). The meetings took place at a critical point in the appropriations process, as lawmakers will consider funding levels for most government agencies and programs in the next several weeks.
APS Presidents with Senator Mike Johanns (R-
Call for Nominations for the Editorship of AJP-Heart
Call for Nominations for Arthur C. Guyton Physiology Educator of the Year Award
NIH Public Access Policy and Your Manuscript
Authors: Publish Your Name in Your Native Language
Special Call: Teaching and Learning of Professional Ethics
Special Call: Using Classic Papers to Teach Physiology
Essays on the APS Classic Papers
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Recent: March 2001 - September 2009
Legacy (searchable): June 1989 - December 2000
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Call for Nominations for Arthur C. Guyton Physiology Educator of the Year Award
NIH Public Access Policy and Your Manuscript
Authors: Publish Your Name in Your Native Language
Special Call: Teaching and Learning of Professional Ethics
Special Call: Using Classic Papers to Teach Physiology
Essays on the APS Classic Papers
* Select an Issue from the Archives
Recent: March 2001 - September 2009
Legacy (searchable): June 1989 - December 2000
* Browse for Articles
Most Cited
Most Read
Review collection (AJP - Advan Physiol Educ)
Review collection (all APS Journals)
View recent reader responses to articles
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Current Issue:
September 2009
(Next: December 7)
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my humor
Glass Mosaic Tile Art: Hanging Your Heavy Mosaic Masterpiece
by: ricky lila
Making wonderful glass mosaic tile art is easy! Let me show you how.
You’re so anxious to hang your first masterpiece that it seems like the frame store is taking forever finish the frame. Finally, they call to tell you it’s ready for pickup. Wow, they did a great job and the frame makes your mosaic look even better. You can’t wait to hang it on the wall and show it off.
It weighs a ton and you’re nervous wondering whether a 10-penny nail in flimsy drywall can hold all that weight. You wisely decide that the nail must instead go into a wall stud. The last thing you want is your heavy mosaic crashing down, popping off tesserae, breaking the custom frame, and cracking the ceramic floor tile. You find the exact spot for the nail and poke around hoping to find a stud somewhere close to that spot. Oh, no! The nearest stud is six inches to the left. If you install the nail in that stud, the mosaic won’t be centered on the wall and will look terrible. Good grief, now what? Relax. This is easy. In my eBook, we walk step-by-step through the process of adding a solid support system in the wall that’s plenty strong enough to hold your heavy magnum opus. This isn’t rocket science so don’t panic. You can do it. Yes, you can!
If your masterpiece has any size to it, it’s going to be heavy. For example, one of my projects is only 27”x32” but it weighs a whopping 24-pounds. Always be safety conscious. Never create a safety hazard. You must always ensure the support system is adequately strong enough to bear the load of your heavy mosaic.
Some artists don’t hang their pieces because they don’t want to risk a falling hazard that can harm people or damage the piece. They commonly use free standing easels made of sturdy wood, low to the floor, and well-balanced to minimize the risk of tipping. Typically, these easels are used in galleries, but some people use them in their homes. Personally, I’d rather see my mosaics on the wall. To me, they look better and make the home feel cozier. Besides, who has room for several free-standing easels throughout the house?
The complexity of the support system depends on several factors, such as the mosaic’s weight, location of the lag bolt with respect to a wall stud, and safety concerns for your children. For example, if you find that the lag bolt location is just to the side of a wall stud, you may not need an elaborate support system like the one we install in the eBook. Instead, a small piece of 2x4 attached to the side of the stud may be sufficient.
What we install in the eBook is probably the most complex support system you’ll ever need for a hanging mosaic, so once you learn that method, you should be able to install any simpler support system that you might dream up. Remember, this is easy! You can do it. The eBook walks you through each step of the process as if I’m right there in your living room with you. Relax! Don’t worry about cutting a big hole in your drywall. You’ll learn how easy it is to measure, cut the drywall, install a 2x4 support system to the existing studs, replace the drywall, patch it, and paint it--like a pro! It’s easy. You can do it. Yes, you can! Let me show you how.
Remember, making mosaic art is easy. You can do it. Yes, you can!
About The Author
Bill Enslen has created glass mosaic art and mosaic tables for 30 years. His new eBook gives you step-by-step details for creating your own mosaic masterpieces. Visit him at http://www.glassmosaictileart.com and read the free sample chapters. Let him show you just how easy it is. With Bill's help, you can do it. Yes, you can! See beautiful stained glass mosaic tabletops at http://www.glassmosaictileart.com/mosaic_table_top_furniture.html
The author invites you to visit:
http://www.rickylila.blogspot.com
by: ricky lila
Making wonderful glass mosaic tile art is easy! Let me show you how.
You’re so anxious to hang your first masterpiece that it seems like the frame store is taking forever finish the frame. Finally, they call to tell you it’s ready for pickup. Wow, they did a great job and the frame makes your mosaic look even better. You can’t wait to hang it on the wall and show it off.
It weighs a ton and you’re nervous wondering whether a 10-penny nail in flimsy drywall can hold all that weight. You wisely decide that the nail must instead go into a wall stud. The last thing you want is your heavy mosaic crashing down, popping off tesserae, breaking the custom frame, and cracking the ceramic floor tile. You find the exact spot for the nail and poke around hoping to find a stud somewhere close to that spot. Oh, no! The nearest stud is six inches to the left. If you install the nail in that stud, the mosaic won’t be centered on the wall and will look terrible. Good grief, now what? Relax. This is easy. In my eBook, we walk step-by-step through the process of adding a solid support system in the wall that’s plenty strong enough to hold your heavy magnum opus. This isn’t rocket science so don’t panic. You can do it. Yes, you can!
If your masterpiece has any size to it, it’s going to be heavy. For example, one of my projects is only 27”x32” but it weighs a whopping 24-pounds. Always be safety conscious. Never create a safety hazard. You must always ensure the support system is adequately strong enough to bear the load of your heavy mosaic.
Some artists don’t hang their pieces because they don’t want to risk a falling hazard that can harm people or damage the piece. They commonly use free standing easels made of sturdy wood, low to the floor, and well-balanced to minimize the risk of tipping. Typically, these easels are used in galleries, but some people use them in their homes. Personally, I’d rather see my mosaics on the wall. To me, they look better and make the home feel cozier. Besides, who has room for several free-standing easels throughout the house?
The complexity of the support system depends on several factors, such as the mosaic’s weight, location of the lag bolt with respect to a wall stud, and safety concerns for your children. For example, if you find that the lag bolt location is just to the side of a wall stud, you may not need an elaborate support system like the one we install in the eBook. Instead, a small piece of 2x4 attached to the side of the stud may be sufficient.
What we install in the eBook is probably the most complex support system you’ll ever need for a hanging mosaic, so once you learn that method, you should be able to install any simpler support system that you might dream up. Remember, this is easy! You can do it. The eBook walks you through each step of the process as if I’m right there in your living room with you. Relax! Don’t worry about cutting a big hole in your drywall. You’ll learn how easy it is to measure, cut the drywall, install a 2x4 support system to the existing studs, replace the drywall, patch it, and paint it--like a pro! It’s easy. You can do it. Yes, you can! Let me show you how.
Remember, making mosaic art is easy. You can do it. Yes, you can!
About The Author
Bill Enslen has created glass mosaic art and mosaic tables for 30 years. His new eBook gives you step-by-step details for creating your own mosaic masterpieces. Visit him at http://www.glassmosaictileart.com and read the free sample chapters. Let him show you just how easy it is. With Bill's help, you can do it. Yes, you can! See beautiful stained glass mosaic tabletops at http://www.glassmosaictileart.com/mosaic_table_top_furniture.html
The author invites you to visit:
http://www.rickylila.blogspot.com
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