distribute, or create derivative works (as defined by the U.S. Copyright Act)
or improvements (as defined by U.S. patent law) from the Delicious Software or any portion thereof.
(ii) incorporate the Delicious Software into any computer chip or the firmware of a computing device manufactured by or for you.
(iii) use the Delicious Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with TOS or this Software License.
(iv) use the Delicious 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 Delicious 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 Delicious is not
responsible.
(v) use or export the Delicious Software in violation of applicable U.S. laws or regulations
(vi) sell, lease, loan, distribute, transfer, or sublicense the Delicious Software or access thereto or derive income from the use or provision of the
Delicious Software, whether for direct commercial or monetary gain or
otherwise, without Delicious's prior, express, written permission.
2. Ownership and Relationship of Parties.
The Delicious 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. Delicious and
Delicious's Licensors own all rights, title, and interest in and to their
applicable contributions to the Delicious Software. This Software License
grants you no right, title, or interest in any intellectual property owned or
licensed by Delicious, including (but not limited to) the Delicious Software
and Delicious trademarks, and creates no relationship between yourself and
Delicious's Licensors, or between you and Delicious other than that of
Delicious to licensee.
3. Support and Software Updates.
Delicious may elect to provide you with customer support and/or software
upgrades, enhancements, or modifications for the Delicious Software
(collectively, "Support"), in its sole discretion, and may terminate such
Support at any time without notice to you. Delicious may change, suspend, or
discontinue any aspect of the Delicious Software at any time, including the
availability of any Delicious Software feature, database, or content. Delicious
may also impose limits on certain features and services or restrict your access
to parts or all of the Delicious Software or the Delicious web site without
notice or liability.
4. Fees and Payments.
Delicious reserves the right to charge fees for future use of or access to the
Delicious Software or the Delicious services and web sites (collectively,
"Delicious Software Services") in Delicious's sole discretion. If Delicious
decides to charge for the Delicious Software Services, such charges will be
disclosed to you prior.
5. Disclaimer of Warranties by Delicious.
USE OF THE DELICIOUS SOFTWARE AND ANY WEB PAGES OR DATA ACCESSED THROUGH THE
DELICIOUS SOFTWARE IS AT YOUR SOLE RISK.
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
DELICIOUS SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
DELICIOUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES,
AND ASSIGNS (COLLECTIVELY, "DELICIOUS ENTITIES") AND DELICIOUS LICENSORS DO NOT
REPRESENT THAT THE DELICIOUS SOFTWARE OR ANY DATA ACCESSED THEREFROM IS
APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
THE DELICIOUS ENTITIES AND DELICIOUS LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE DELICIOUS
SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS,
COMPLETENESS, OR ADEQUACY OF THE DELICIOUS SOFTWARE AND ANY DATA ACCESSED
THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE DELICIOUS SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT
LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
AND LIFE SUPPORT OR WEAPONS SYSTEMS. DELICIOUS SPECIFICALLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
IF THE DELICIOUS SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU
(AND NOT THE DELICIOUS ENTITIES OR THE DELICIOUS LICENSORS) ASSUME THE ENTIRE
COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE DELICIOUS ENTITIES OR
DELICIOUS 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 DELICIOUS ENTITIES AND DELICIOUS 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 DELICIOUS 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 DELICIOUS ENTITIES AND DELICIOUS 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
DELICIOUS SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE DELICIOUS
SOFTWARE, OR ANY DATA PROVIDED THROUGH THE DELICIOUS 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 DELICIOUS SOFTWARE, INCLUDING STOCK QUOTES,
ANALYSIS, MARKET INFORMATION, NEWS, AND FINANCIAL DATA, MAY BE DELAYED,
INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE DELICIOUS ENTITIES AND
DELICIOUS LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. DELICIOUS MAY
CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE DELICIOUS SOFTWARE OR THE
USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE DELICIOUS 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 Delicious 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 Delicious 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 Delicious Software and related documentation are supplied to or
purchased by or on behalf of the United States Government, then the Delicious
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 Delicious is
governed by the laws of the State of California without regard to its conflict
of law provisions. You and Delicious 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 Delicious 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 Delicious Software, superseding all prior
agreements between you and Delicious. 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 1.b, 2, and 4 through 12, will survive any termination of this
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