Terms of Use for YP.COM Mobile Application Services

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE MOBILE APPLICATION SERVICES PROVIDED BY YELLOWPAGES.COM (“YP.COM”). BY ACCESSING OR USING THE MOBILE APPLICATION SERVICES, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY (I) THESE TERMS OF USE; (II) THE TERMS AND CONDITIONS SET FORTH IN THE PRIVACY POLICY LOCATED AT (http://www.have2eat.com/privacy); AND (III) THE “USAGE RULES” ESTABLISHED BY APPLE, INC. (“APPLE”) FOR LICENSED APPLICATIONS SET FORTH IN THE APP STORE TERMS OF SERVICE LOCATED AT (HTTP://WWW.APPLE.COM/LEGAL/ITUNES/WW/) (THE “APPLE USAGE RULES”), IN EACH CASE, AS UPDATED FROM TIME TO TIME (COLLECTIVELY, THIS “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE MOBILE APPLICATION SERVICES.

1. General. The Mobile Application Services are licensed, not sold, to You by YP.COM for use strictly in accordance with the terms and conditions of this Agreement. The term “Mobile Application Services” refers to the products, software, services, websites and content provided pursuant to this Agreement. You are responsible for obtaining access to the Mobile Application Services, which may require payment of third party fees (such as Internet service provider or airtime charges). Furthermore, YP.COM hereby expressly reserves the right to charge fees for the right to access and use the Mobile Application Services including, subscription fees, search fees, and other similar charges. You are responsible for and agree to pay all such fees, including, without limitation, any third party fees and any fees associated with the display or delivery of advertisements. In addition, You must provide and are responsible for all equipment necessary to access the Mobile Application Services.

2. Registration Obligations. In consideration of Your access to and use of the Mobile Application Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Mobile Application Services under the laws of the United States or other applicable jurisdiction. In order to access the Mobile Application Services, You may be required to provide information about Yourself (such as identification or contact details) as part of the registration process for a specific Mobile Application Service or as part of Your continued access to and use of a Mobile Application Service. You agree to use the Mobile Application Services only for those purposes that are permitted by (a) this Agreement and (b) by applicable law, regulation or generally accepted practices in the relevant jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Mobile Application Services registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, non-current or incomplete, or YP.COM has reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, YP.COM has the right to suspend or terminate Your account and refuse any and all current or future use of the Mobile Application Services (or any portion thereof). You also understand and agree that the Mobile Application Services may include certain communications from YP.COM (e.g., service announcements, administrative messages and other information and alerts), and that these communications are considered part of the Mobile Application Services and You will not be able to opt out of receiving them.

3. Provision of the Mobile Application Services. You acknowledge and agree that YP.COM may provide the Mobile Application Service through one or more subsidiaries, affiliates or third parties. Furthermore, You acknowledge and agree that YP.COM may modify or cease to provide (permanently or temporarily) all or any portion of the Mobile Application Services from time to time without prior notice to You. In the event that YP.COM stops providing or terminates Your right to use the Mobile Application Services, then You may be prevented from accessing the Mobile Application Services, the details of Your account, and any files or content contained in Your account.

4. License Grant and Restrictions on Use.

4.1. License Grant. YP.COM grants You a personal, revocable, non-exclusive, non-transferrable, limited right to install the software associated with the Mobile Application Services on a single iPhone or iPod owned and controlled by You (“iPhone”), and to access and use the Mobile Application Services using such iPhone strictly in accordance with the terms and conditions of this Agreement.

4.2. Restrictions on Use. You shall use the Mobile Application Services strictly in accordance with this Agreement and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Mobile Application Services; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Mobile Application Services; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Mobile Application Services; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of YP.COM or its affiliates, partners, suppliers or the licensors of the Mobile Application Services; (e) reproduce, duplicate, copy sell, trade, resell or use the Mobile Application Services for any purpose other than those for which they were designed or intended; provided, that YP.COM and its affiliates and their respective employees are expressly permitted to use the Mobile Application Services for the internal business purposes of YP.COM and its affiliates; (f) install, use or permit the Mobile Application Services to exist on more than one iPhone at a time or on any other mobile device or computer; (g) distribute the Mobile Application Services to multiple iPhones; (h) make the Mobile Application Services available over a network or other environment permitting access or use by multiple iPhones or users at the same time; (i) use the Mobile Application Services for data mining, scraping, crawling or compiling a collection of listings including, without limitation, a listing product or listing service that is, directly or indirectly, competitive with or in any way a substitute for any services offered by YP.COM; (j) use the Mobile Application Services to send automated queries to YP.COM (whether using the YELLOWPAGES.COM website, YP.COM API, or other Mobile Application Services) or to send any unsolicited commercial e-mail; or (k) use any proprietary information or interfaces of YP.COM or other intellectual property of YP.COM in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Mobile Application Services.

5. Intellectual Property Rights.

5.1. Rights to Mobile Application Services. You acknowledge and agree that the Mobile Application Services and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of YP.COM. Furthermore, You acknowledge and agree that the source and object code of the Mobile Application Services and the format, directories, queries, algorithms, structure and organization of the Mobile Application Services are the intellectual property and proprietary and confidential information of YP.COM and its affiliates, licensors and suppliers. Except as expressly stated in this Agreement, You are not granted any intellectual property rights in or to the Mobile Application Services by implication, estoppel or other legal theory, and all rights in and to the Mobile Application Services not expressly granted in this Agreement are hereby reserved and retained by YP.COM.

5.2. Third Party Software. The Mobile Application Services may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Mobile Application Services is subject to and governed by this Agreement and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between this Agreement and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Mobile Application Services or components thereof be deemed to be “open source” or “publicly available” software.

5.3. YP.COM Marks. You acknowledge and agree that the following company names and logos and all related product and service names, design marks and slogans are trademarks and service marks owned by and used under license from YP.COM: “Yellowpages.com” and “Have2Eat” (the “YP.COM Marks”). You are not authorized to use the YP.COM Marks in any advertising, publicity or in any other commercial manner without the prior written consent of YP.COM, which may be withheld for any or no reason. Requests for authorization should be made to intproperty@yellowpages.com.

5.4. Infringement Acknowledgement. You acknowledge and agree that, in the event of a third party claim that the Mobile Application Services or Your possession or use of the Mobile Application Services infringes the intellectual property rights or misappropriates the proprietary information of any third party, You shall be responsible for the investigation, defense, settlement, and discharge of any such claim.

5.5. Restriction on Transfer. You may not rent, lease, lend, sublicense or transfer the Mobile Application Services, this Agreement, or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

6. Collection, Storage and Use of Information.

6.1. Consent to Use Information. You hereby authorize and consent to the collection, storage, sharing, use, transfer and sale by YP.COM and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Mobile Application Services, and any information or data that You provide to YP.COM and its affiliates, partners and licensors (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data (in both written and audio form), in an aggregate (non-identifiable) form: voice, location and other data, search requests, search results, patterns, and suggestions based on user actions. Notwithstanding the foregoing, You shall not provide or disclose (except personally identifiable registration information which shall be subject to the terms of the Have2Eat.com Privacy Policy) and the Information shall not include any information or data that is personally identifiably to You. The Information will be treated as being non-confidential and nonproprietary, and YP.COM assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use the Information and any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.

6.2. Privacy Policy. You represent that You agree to and shall comply with the terms and conditions of the Have2Eat.com Privacy Policy, which sets forth and describes the practices of YP.COM with respect to the collection, use and disclosure of Information in connection with Your use of the Mobile Application Services. YP.COM reserves the right to change the provisions of the Have2Eat.com Privacy Policy at any time and from time to time at its sole discretion. YP.COM will post any changes to the Have2Eat.com Privacy Policy at the web address set forth in the preamble to this Agreement. Your use of the Mobile Application Services following the posting of such changes to the Privacy Policy will constitute Your acceptance of any such changes. This Section 6 shall supplement and shall not replace the Have2Eat.com Privacy Policy.

6.3. Recording and Mapping of Utterances. For Mobile Application Services with voice recognition capabilities, You hereby consent to and YP.COM shall have the right to record any audible responses and utterances made by You in connection with Your use of the Mobile Application Services and to use those audible responses and utterances for the following purposes: (i) identifying common speech patterns, word choices and manners of speech that effect the Mobile Application Services; (ii) mapping audible responses and utterances to a business listing database; (iii) performing tests and taking other actions to improve the quality and effectiveness of the Mobile Application Services and to develop marketing strategies and intelligence for various products and services; and (iv) licensing the audible responses and utterances collected and data and information derived from the recorded responses and utterances to third parties for commercial purposes. The parties acknowledge and agree that the audible responses and utterances and the data and information derived from the recorded responses and utterances shall be deemed Information (as defined in Section 6.1).

7. Third Party Content and Services.

7.1. General. You acknowledge that the Mobile Application Services permit access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).

7.2. Disclaimer. You acknowledge that YP.COM does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites, business listings, data or search results available through the Mobile Application Services). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and YP.COM and its affiliates, partners, suppliers and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. YP.COM hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.

7.3. Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Mobile Application Services are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. For example, by using the Mobile Application Services in connection with an iTunes account, You are agreeing to the latest Apple Usage Rules, which You may access and review at http://www.apple.com/legal/itunes/ww/. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that YP.COM and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the YELLOWPAGES.COM website. Furthermore, You acknowledge and agree that You are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.

7.4. Endorsements. You acknowledge and agree that the provision of access to and the listing of any Third Party Content and Service (including any third party websites, business listings, data, end-user content (including suggestions, comments and recommendations) or search results available through the Mobile Application Services) shall not constitute or imply any endorsement by YP.COM or its affiliates of such Third Party Content and Services. YP.COM reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Mobile Application Services, although YP.COM has no obligation to restrict or deny access even if requested by You.

7.5. Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that YP.COM and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.

7.6. Use of Third Party Content and Services. You agree that the Third Party Content and Services contain proprietary information and material that is owned by YP.COM and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and You shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that You will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that YP.COM is not in any way responsible for any such use by You.

8. Term and Termination.

8.1. Term. This Agreement shall be effective until terminated.

8.2. Termination. YP.COM may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement, the Mobile Application Services and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this Agreement, then this Agreement and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by YP.COM. Upon the termination of this Agreement, You shall cease all use of the Mobile Application Services and uninstall any residual components of the Mobile Application Services.

9. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE MOBILE APPLICATION SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE MOBILE APPLICATION SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY ARE AT YOUR SOLE RISK AND DISCRETION. YP.COM AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRSENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE MOBILE APPLICATION SERVICES AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, YP.COM AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE MOBILE APPLICATION SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE MOBILE APPLICATION SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE MOBILE APPLICATION SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE MOBILE APPLICATION SERVICES OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YP.COM OR FROM THE MOBILE APPLICATION SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT YP.COM HAS NO OBLIGATION TO SUPPORT OR MAINTAIN THE MOBILE APPLICATION SERVICES.

IN THE EVENT OF ANY FAILURE OF THE MOBILE APPLICATION SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE MOBILE APPLICATION SERVICES. APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APPLICATION SERVICES, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL YP.COM OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE MOBILE APPLICATION SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT YP.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YP.COM’S AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID TO YP.COM, IF ANY, BY YOU FOR THE MOBILE APPLICATION SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification. You shall indemnify, defend and hold harmless YP.COM and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Mobile Application Services or Third Party Content and Services; (ii) Your breach of this Agreement; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

12. Compatibility. YP.COM does not warrant that the Mobile Application Services will be compatible or interoperable with Your iPhone or any piece of hardware, software, equipment or device installed or Your iPhone or used by You to access and use the Mobile Application Services in connection with Your iPhone (“Accessories”). Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of the Mobile Application Services, Your iPhone and any Accessories to diminish or fail completely, and may result in permanent the damage to Your iPhone and any Accessories, loss of data located on Your iPhone or Accessories, and corruption of software and files located on Your iPhone and any Accessories. You acknowledge and agree that YP.COM and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

13. Product Claims. You acknowledge that You are responsible for addressing any third party claims relating to Your use or possession of the Mobile Application Services, and agree to notify YP.COM of any third party claims relating to the Mobile Application Services of which You become aware. Furthermore, You hereby release YP.COM from any liability resulting from Your access or use of the Mobile Application Services, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Mobile Application Services fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

14. Safe and Lawful Use of the Mobile Application Services. When using the Mobile Application Services, You shall: (i) observe all traffic laws and otherwise drive safely; (ii) use Your own personal judgment while driving, and if You feel that any directions or route suggested by the Mobile Application Services instructs You to perform an unsafe or illegal maneuver, places You in an unsafe situation, or directs You into an area that You consider to be unsafe, then You will not follow such suggested directions or route; (iii) not input destinations, or otherwise interact with the Mobile Application Services, unless Your vehicle is stationary and legally parked; (iv) not use the Mobile Application Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement; and (v) arrange all wireless devices and cables necessary for use of the Mobile Application Services in a secure manner in Your vehicle so that they will not interfere with Your driving and will not prevent the operation of any safety device (such as an airbag).

15. Miscellaneous.

15.1. Governing Law. This Agreement shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. Any disputes arising from this Agreement shall be adjudicated in the courts of the City of New York. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

15.2. Contact Information. Please direct any questions, complaints or claims related to this Agreement or Your use of the Mobile Application Services to the following:
YELLOWPAGES.COM
611 N. Brand Blvd., 5th Floor
Glendale, CA 91203
Phone: (800) 343-7390
E-Mail: ypcsupport@yellowages.com

15.3 Assignment. You shall not assign this Agreement or any rights or obligations herein without the prior written consent of YP.COM and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.

15.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable with respect to a party, the remainder of this Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

15.5 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

15.6 Export Control. You may not use or otherwise export or re-export the Mobile Application Services except as authorized by United States law and the laws of the jurisdiction(s) in which the Mobile Application Services was obtained. You represent and warrant that You are not (x) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist sponsoring” country, or (y) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that You will not use the Mobile Application Services for any purposes prohibited by United States law.

15.7 Modification or Amendment. YP.COM may modify or amend the terms of this Agreement by posting a copy of the modified or amended License on the YELLOWPAGES.COM website. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Mobile Application Services following the date in which the modified or amended License is posted on the YELLOWPAGES.COM website.

15.8 Survival. The following sections of this Agreement and any other provisions of this Agreement which by their express language or by their context are intended to survive the termination of this Agreement shall survive such termination: 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15.

15.9 Third Party Beneficiaries. Except as provided in this Section 15.9, nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. You and YP.COM acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this Agreement and that, upon Your acceptance of the terms and conditions of this Agreement. Apple will have the right to enforce this Agreement against You in its capacity as a third party beneficiary to this Agreement.

15.10 Entire Agreement. This Agreement including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Mobile Application Services licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.