Webscope Data Sharing Agreement

agreement.txt

YAHOO! WEBSCOPE(TM) DATA TERMS OF USE

1. PARTIES & AGREEMENT TO TERMS
1.1. Yahoo! Inc. (“Yahoo!”) provides you access to and use of the Yahoo! WebscopeTM data made available from the Yahoo! website located at http://webscope.sandbox.yahoo.com (“Data”) subject to the terms and conditions of this Terms of Use (“TOU”). 
1.2. This TOU is a binding agreement between Yahoo! and you and, if applicable, the company or other legal entity you represent (collectively, “you” or “your”). If you are entering into this TOU on behalf of a company or other legal entity, you warrant and represent that you have the legal authority to bind the legal entity to this TOU, in which case “you” or “your” means that entity. If you do not have this authority, or if you do not agree with the terms and conditions of this TOU, you may not use the Services or any Services-related materials.
1.3. BY CLICKING THE “I AGREE” BUTTON, DOWNLOADING OR USING THE DATA, YOU AGREE THAT THAT YOU HAVE READ AND UNDERSTAND, AND THAT YOU AGREE TO BE BOUND BY AND TO ABIDE BY, THIS TOU. IF YOU DO NOT UNDERSTAND, ACCEPT, AND AGREE TO THIS TOU, DO NOT COMPLETE THE REGISTRATION PROCESS OR OTHERWISE DOWNLOAD, ACCESS OR USE THE DATA. 
2. PERMITTED USES AND GENERAL RESTRICTIONS
2.1. You may access the Data after Yahoo! provides a link to the dataset you have requested, or by some other distribution method specified by Yahoo!. The Data must only be used for non-commercial research purposes.
2.2. The Data is valuable and confidential information of Yahoo!. You agree to use the Data only in accordance with this TOU, and to hold the Data in strict confidence. You may disclose the Data only as expressly permitted herein. 
2.3. You may derive and publish summaries, analyses and interpretations of the Data, but only in a manner where it is impossible to reconstruct the Data from the publication. Small excerpts of the Data may be displayed to others or published in a scientific or technical context, solely for the purpose of describing your research and related issues and not for any commercial or anti-competitive purpose. Unless Yahoo! expressly requests no attribution, all publications resulting from research carried out using the Data must display an attribution to Yahoo!. This attribution must reference "Yahoo! Webscope,” the web address http://webscope.sandbox.yahoo.com, and the name of the specific dataset used, including version number, if applicable. This attribution should preferably appear among the bibliographic citations in the publication. If Yahoo! expressly requests no attribution, you agree not to mention Yahoo! in connection with the Data. Yahoo! invites you to provide a copy your publication to Yahoo!.
2.4. The individual accepting this TOU may grant access to the Data only to persons that are working under his or her supervision and control. You agree to ensure that these persons comply with the terms and conditions of this TOU, and You accept responsibility for that compliance. 
2.5. You must comply with all applicable laws, including any applicable data privacy laws in any applicable jurisdiction. You will not perform any analysis, reverse engineering or processing of the Data or any correlation with other data sources that could be used to determine or infer personally identifiable information of any Yahoo! user(s or that violates any applicable law in any applicable jurisdiction. You warrant and represent that you are not bound by any agreement, policy or regulation under which the compliance thereof would cause a breach of or non-compliance with this TOU.
2.6. You will not display, reproduce, transmit, distribute, sell, publish, provide to third parties, incorporate into third party materials, or use the Data except as specifically permitted in this TOU. Yahoo! retains ownership of all rights, title and interest in and to the Data and reserves all rights not expressly granted in this TOU. 
2.7. You must delete the Data, or any portion thereof, from any media on which it has been stored, if Yahoo!, in its sole discretion, requires you to do this for legal, policy or regulatory reasons.
3. COMMENCEMENT AND DURATION
3.1. This TOU will take effect from the date that you click the “I Agree” button and will expire two years from this date, unless terminated earlier either by You or by Yahoo! in accordance with Section 5 below.
4. DISCLAIMER AND LIMITATION OF LIABILITY
4.1. YOUR ACCESS TO AND USE OF THE DATA IS AT YOUR OWN DISCRETION AND RISK, AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE ACCESS AND USE OF THE DATA, INCLUDING WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
4.2. YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE SCOPE OR APPLICABILITY OF THE PRECEDING SENTENCE, YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FULLY DISCLAIM, AND MAKE NO WARRANTY THAT (i) THE data WILL MEET YOUR REQUIREMENTS; (ii) the data WILL ERROR-FREE or reliable; (iii) THE data or ANY INFORMATION OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS, USE, OR FAILURES ASSOCIATED WITH THE data or access to the data WILL BE CORRECTED. NOTHING IN THIS TOU WILL BE CONSTRUED TO LIMIT OR AFFECT YAHOO’S ONGOING BUSINESSES, INCLUDING THE COLLECTION AND USE OF ANY INFORMATION OR DATA IN CONNECTION WITH ITS BUSINESS, REGARDLESS OF WHEN OR IN WHAT MANNER THE INFORMATION OR DATA IS COLLECTED.
4.3. YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), IN CONNECTION WITH THIS TOU, THE DATA, OR YOUR ACCESS OR USE OF THE DATA.
5. TERMINATION
5.1. You may terminate this TOU at any time.
5.2. In addition to the above, if you breach the TOU or use the Data in such a way as to damage, compete or assist other’s in competing with Yahoo!’s business, Yahoo! may terminate the TOU with immediate effect.
5.3. Upon expiration or termination of this TOU, you must return all original copies of the Data supplied by Yahoo! and delete or destroy all copies of it from any media on which it has been stored, and certify the same in writing. Sections 1.2, 2.2, 2.3, 4, 5.3, and 6, will survive the expiration of this TOU.
6. GENERAL
6.1. You will comply with any applicable license, import or export classification requirements or other approvals from the U. S. Department of Commerce or any other agency or department of the United States Government (including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control), or the government of any other country for the export or import, either directly or indirectly, of any materials associated with or derived from the Data.
6.2. You may not assign any right or obligation under this TOU, either in whole or in part, without the prior written consent of Yahoo!. Any attempt to assign or delegate any rights or obligations without Yahoo!'s prior written consent is null and void. This TOU may be assigned by Yahoo! without your consent. 
6.3. The failure of Yahoo! to exercise or enforce any right or provision of this TOU does not constitute a waiver of that right or provision. If any provision of this TOU 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 TOU remain in full force and effect.
6.4. This TOU is governed by and construed in accordance with the laws of the State of California, USA without regard to conflict of laws rules that would otherwise apply laws of any other state or jurisdiction. Each party consents to exclusive venue and non-exclusive personal jurisdiction in the federal and state courts for Santa Clara County, California, USA.
6.5. For all purposes of this TOU, you and Yahoo! will be and act independently, and not as partner, joint venturer, agent, employee or employer of the other. You have no authority to assume or create any obligation for or on behalf of Yahoo!, express or implied, and you must not attempt to bind Yahoo! to any contract.
6.6. These terms constitute the entire agreement between you and Yahoo! concerning your access to and use of the Data, superseding any prior agreements between you and Yahoo! with respect to the Data, and is the sole source of your rights concerning use of the Data.

YAHOO! WEBSCOPE(TM) DATA TERMS OF USE

1. PARTIES & AGREEMENT TO TERMS
1.1. Yahoo! Inc. (“Yahoo!”) provides you access to and use of the Yahoo! WebscopeTM data made available from the Yahoo! website located at http://webscope.sandbox.yahoo.com (“Data”) subject to the terms and conditions of this Terms of Use (“TOU”). 
1.2. This TOU is a binding agreement between Yahoo! and you and, if applicable, the company or other legal entity you represent (collectively, “you” or “your”). If you are entering into this TOU on behalf of a company or other legal entity, you warrant and represent that you have the legal authority to bind the legal entity to this TOU, in which case “you” or “your” means that entity. If you do not have this authority, or if you do not agree with the terms and conditions of this TOU, you may not use the Services or any Services-related materials.
1.3. BY CLICKING THE “I AGREE” BUTTON, DOWNLOADING OR USING THE DATA, YOU AGREE THAT THAT YOU HAVE READ AND UNDERSTAND, AND THAT YOU AGREE TO BE BOUND BY AND TO ABIDE BY, THIS TOU. IF YOU DO NOT UNDERSTAND, ACCEPT, AND AGREE TO THIS TOU, DO NOT COMPLETE THE REGISTRATION PROCESS OR OTHERWISE DOWNLOAD, ACCESS OR USE THE DATA. 
2. PERMITTED USES AND GENERAL RESTRICTIONS
2.1. You may access the Data after Yahoo! provides a link to the dataset you have requested, or by some other distribution method specified by Yahoo!. The Data must only be used for non-commercial research purposes.
2.2. The Data is valuable and confidential information of Yahoo!. You agree to use the Data only in accordance with this TOU, and to hold the Data in strict confidence. You may disclose the Data only as expressly permitted herein. 
2.3. You may derive and publish summaries, analyses and interpretations of the Data, but only in a manner where it is impossible to reconstruct the Data from the publication. Small excerpts of the Data may be displayed to others or published in a scientific or technical context, solely for the purpose of describing your research and related issues and not for any commercial or anti-competitive purpose. Unless Yahoo! expressly requests no attribution, all publications resulting from research carried out using the Data must display an attribution to Yahoo!. This attribution must reference "Yahoo! Webscope,” the web address http://webscope.sandbox.yahoo.com, and the name of the specific dataset used, including version number, if applicable. This attribution should preferably appear among the bibliographic citations in the publication. If Yahoo! expressly requests no attribution, you agree not to mention Yahoo! in connection with the Data. Yahoo! invites you to provide a copy your publication to Yahoo!.
2.4. The individual accepting this TOU may grant access to the Data only to persons that are working under his or her supervision and control. You agree to ensure that these persons comply with the terms and conditions of this TOU, and You accept responsibility for that compliance. 
2.5. You must comply with all applicable laws, including any applicable data privacy laws in any applicable jurisdiction. You will not perform any analysis, reverse engineering or processing of the Data or any correlation with other data sources that could be used to determine or infer personally identifiable information of any Yahoo! user(s or that violates any applicable law in any applicable jurisdiction. You warrant and represent that you are not bound by any agreement, policy or regulation under which the compliance thereof would cause a breach of or non-compliance with this TOU.
2.6. You will not display, reproduce, transmit, distribute, sell, publish, provide to third parties, incorporate into third party materials, or use the Data except as specifically permitted in this TOU. Yahoo! retains ownership of all rights, title and interest in and to the Data and reserves all rights not expressly granted in this TOU. 
2.7. You must delete the Data, or any portion thereof, from any media on which it has been stored, if Yahoo!, in its sole discretion, requires you to do this for legal, policy or regulatory reasons.
3. COMMENCEMENT AND DURATION
3.1. This TOU will take effect from the date that you click the “I Agree” button and will expire two years from this date, unless terminated earlier either by You or by Yahoo! in accordance with Section 5 below.
4. DISCLAIMER AND LIMITATION OF LIABILITY
4.1. YOUR ACCESS TO AND USE OF THE DATA IS AT YOUR OWN DISCRETION AND RISK, AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE ACCESS AND USE OF THE DATA, INCLUDING WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
4.2. YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE SCOPE OR APPLICABILITY OF THE PRECEDING SENTENCE, YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FULLY DISCLAIM, AND MAKE NO WARRANTY THAT (i) THE data WILL MEET YOUR REQUIREMENTS; (ii) the data WILL ERROR-FREE or reliable; (iii) THE data or ANY INFORMATION OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS, USE, OR FAILURES ASSOCIATED WITH THE data or access to the data WILL BE CORRECTED. NOTHING IN THIS TOU WILL BE CONSTRUED TO LIMIT OR AFFECT YAHOO’S ONGOING BUSINESSES, INCLUDING THE COLLECTION AND USE OF ANY INFORMATION OR DATA IN CONNECTION WITH ITS BUSINESS, REGARDLESS OF WHEN OR IN WHAT MANNER THE INFORMATION OR DATA IS COLLECTED.
4.3. YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), IN CONNECTION WITH THIS TOU, THE DATA, OR YOUR ACCESS OR USE OF THE DATA.
5. TERMINATION
5.1. You may terminate this TOU at any time.
5.2. In addition to the above, if you breach the TOU or use the Data in such a way as to damage, compete or assist other’s in competing with Yahoo!’s business, Yahoo! may terminate the TOU with immediate effect.
5.3. Upon expiration or termination of this TOU, you must return all original copies of the Data supplied by Yahoo! and delete or destroy all copies of it from any media on which it has been stored, and certify the same in writing. Sections 1.2, 2.2, 2.3, 4, 5.3, and 6, will survive the expiration of this TOU.
6. GENERAL
6.1. You will comply with any applicable license, import or export classification requirements or other approvals from the U. S. Department of Commerce or any other agency or department of the United States Government (including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control), or the government of any other country for the export or import, either directly or indirectly, of any materials associated with or derived from the Data.
6.2. You may not assign any right or obligation under this TOU, either in whole or in part, without the prior written consent of Yahoo!. Any attempt to assign or delegate any rights or obligations without Yahoo!'s prior written consent is null and void. This TOU may be assigned by Yahoo! without your consent. 
6.3. The failure of Yahoo! to exercise or enforce any right or provision of this TOU does not constitute a waiver of that right or provision. If any provision of this TOU 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 TOU remain in full force and effect.
6.4. This TOU is governed by and construed in accordance with the laws of the State of California, USA without regard to conflict of laws rules that would otherwise apply laws of any other state or jurisdiction. Each party consents to exclusive venue and non-exclusive personal jurisdiction in the federal and state courts for Santa Clara County, California, USA.
6.5. For all purposes of this TOU, you and Yahoo! will be and act independently, and not as partner, joint venturer, agent, employee or employer of the other. You have no authority to assume or create any obligation for or on behalf of Yahoo!, express or implied, and you must not attempt to bind Yahoo! to any contract.
6.6. These terms constitute the entire agreement between you and Yahoo! concerning your access to and use of the Data, superseding any prior agreements between you and Yahoo! with respect to the Data, and is the sole source of your rights concerning use of the Data.