Software License

Welcome to del.icio.us, a Yahoo! company. By clicking the "I Agree"

button below and downloading the Delicious software (“Delicious
Software”), you agree to these software license terms (the "Software
License") that supplement the Delicious Terms of Service ("TOS")
located at http://del.icio.us/help/terms. If you disagree with any of
the terms below, Delicious does not grant you a license to use the
Delicious 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://del.icio.us/help/privacy.

Delicious 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://del.icio.us/help/ie/license. Delicious may change this Software
License by posting a new version without notice to you. Use of the
Delicious Software after such change constitutes acceptance of such
changes.

1. Licensed Uses and Restrictions.

By accepting the terms of this Agreement, you represent to Delicious

and its affiliates (collectively, "Delicious") that you are at least 18
years old. The Delicious Software applications, documentation, and
local computer files installed or utilized by the installer application
(collectively, the "Delicious Software") are owned by Delicious, or
Delicious's licensors and content and data providers ("Delicious
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 Delicious Software, all updates, revisions, substitutions, and any
copies of the Delicious Software made by or for you. All rights not
expressly granted to you are reserved by Delicious or their respective
owners.

a. YOU MAY install and personally use the Delicious Software and any
updates provided by Delicious (in its sole discretion) in object code
form on a personal computer owned or controlled by you and may use the
Delicious Software for your own noncommercial use or benefit. Your
license to the Delicious 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 Delicious Software
and by destroying all your copies of the applicable Delicious Software.
To uninstall the Delicious Software, you may use the standard Microsoft
Windows “Add/Remove Programs” menu in either the My Computer/Control
Panel option or the Settings/Control Panel option. Once you access the
Microsoft Windows Control Panel option, select “Add/Remove Programs”,
and then seek the name “del.icio.us Buttons for Internet Explorer.”
The Delicious Software will be uninstalled and will no longer be
visible when you restart Internet Explorer. This Software License
terminates automatically if you violate any term of this Software
License, Delicious publicly posts a written notice of termination on
the Delicious web site, or Delicious sends a written notice of
termination to you.

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
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
Agreement.