END USER LICENSE AGREEMENT
WEATHER MOBILE SOFTWARE
REDISTRIBUTION NOT PERMITTED
Software License for WeatherMob
IMPORTANT -- READ CAREFULLY BEFORE
USING THIS SOFTWARE: This License Agreement for WeatherMob
software downloaded from Weather2Umbrella, Co. is a legal
agreement between you (either an individual or an entity)
and Weather2Umbrella, Co. ("W2U"). If you are
installing, copying or otherwise using the Software, you
agree to be bound by the terms of this License Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT,
DO NOT USE THIS WEB PAGE AND/OR DO NOT INSTALL THE SOFTWARE.
PERSONAL INFORMATION YOU PROVIDE
TO WEATHER2UMBRELLA IS GOVERNED BY THE WEATHER2UMBRELLA
YOU AGREE THAT YOUR USE OF THE
SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
WEATHER2UMBRELLA PROVIDES LINKS
TO THIRD PARTY AND SITES OUTSIDE OF THE "DOWNLOAD
PART" AREA. SOFTWARE DOWNLOADED FROM ANY OTHER AREA
OF WEATHER2UMBRELLA ARE NOT SUBJECT TO THIS LICENSE AGREEMENT.
EXCEPT AS SPECIFICALLY PROVIDED
IN THE PRECEDING PARAGRAPH, THE TERMS OF THIS LICENSE
AGREEMENT APPLY TO ALL VERSIONS OF THE WEATHER MOBILE
1. GRANT OF LICENSE. W2U hereby
grants to you a non-exclusive license to use the Software
and any related documentation ("Documentation")
subject to the following terms:
a) You may: (i) use the Software
on any single mobile phone; and (ii) copy the Software
for back-up and archival purposes, provided any copy must
contain all of the original Software's proprietary notices.
b) W2U may modify this License
Agreement with respect to free versions of the Software
upon 14 days written notice to you, including notice via
the communications features described below.
2. LICENSE RESTRICTIONS.
a) You may not: (i) permit other
individuals to use the Software except under the terms
listed above; (ii) modify, translate, reverse engineer,
decompile, disassemble (except to the extent that this
restriction is expressly prohibited by law) or create
derivative works based upon the Software or Documentation;
(iii) copy the Software or Documentation (except for back-up
or archival purposes); (iv) rent, lease, transfer, or
otherwise transfer rights to the Software or Documentation;
or (v) remove any proprietary notices or labels on the
Software or Documentation. Any such forbidden use shall
immediately terminate your license to the Software.
b) You agree that you shall only
use the Software and Documentation in a manner that complies
with all applicable laws in the jurisdictions in which
you use the Software and Documentation, including, but
not limited to, applicable restrictions concerning copyright
and other intellectual property rights.
c) You may only use the Software for your private, non-commercial
use. You may not use the Software in any way to provide,
or as part of, any commercial service or application.
d) You may not use the Software in an attempt to, or in
conjunction with, any device, program or service designed
to circumvent technological measures employed to control
access to, or the rights in, a content file or other work
protected by the copyright laws of any jurisdiction.
3. COPIES OF SOFTWARE AND ENHANCEMENTS. If you receive
the first copy of the Software electronically and a second
copy on physical media (e.g., CD, diskette, etc.), the
second copy may be used for archival purposes only and
may not be transferred to or used by any other person.
This license does not grant you any right to any enhancement
4. BETA RELEASE VERSIONS. In the
event that the Software is a beta release version, the
terms of this Section shall apply. Your license to use
the Software expires 45 days after installation (or such
other period as indicated by the Software) and the Software
may cease to function. The Software you are receiving
may contain more or less features than the commercial
release of the Software that W2U intends to distribute.
While W2U intends to distribute a commercial release of
the Software, W2U reserves the right at any time not to
release a commercial release of the Software or, if released,
to alter features, specifications, capabilities, functions,
licensing terms, release dates, general availability or
other characteristics of the commercial release. You agree
that the Beta Release Versions are not suitable for production
use and may contain errors affecting their proper operation.
You agree that you will not do anything to circumvent
or defeat the features designed to stop the Software from
operating after the license expires.
5. AUTOMATIC COMMUNICATIONS FEATURES.
a) The Software consists of interactive
Internet applications which perform a variety of communications
over the Internet as part of their normal operation. A
number of communications features are automatic and are
enabled by default (for example, news and catalog updates).
By installing and/or using the Software, you consent to
the Software's communications features. If you do not
on your mobile phone. Also, you are responsible for any
telecommunications or other connectivity charges incurred
through your use of the Software.
b) The Software automatically communicates
with W2U's servers on the Internet to check for updates
to the Software, such as bug fixes, patches, enhanced
functions, and new versions, and in some cases may automatically
update the Software. W2U may also notify you when updates
are available from time to time. By installing the Software,
you agree that W2U may upload updates and install them
as part of your Software. All such updates to the Software,
whether automatic or selected by you, are governed by
this Agreement, unless other license terms are provided
with the update. Although W2U uses encryption technology
to provide security for the autoupdate process, W2U is
not responsible for the failure of such security measures.
6. PERSONAL INFORMATION AND PRIVACY.
Personal information you provide to Weather2Umbrella is
to use the free or paid Software and Services, indicates
your acceptance of the terms of the Weather2Umbrella Privacy
Policy, so please review it carefully if you have any
questions about Weather2Umbrella treatment of personal
information you provide to us. To summarize key terms
during product purchase, trial sign up and product registration
includes name, e-mail address, age, gender, location information,
product and service information, information on software
downloads and updates, systems information, content preferences,
purchase information and credit card billing information.
The information is stored locally on a user's personal
computer and on Weather2Umbrella servers and is sent to
and from such servers as part of routine product communications
that enable Weather2Umbrella functionality.
Weather2Umbrella uses this information
a) Verify access rights to premium content, services or
b) To provide you with information about products, services,
news and events.
c) To allow you to purchase and download products and
d) To provide you with advertising, promotions and special
offers we feel you may be interested in based on content
preferences and other information you provide to us.
e) To provide you with personalized content programming,
instructions and services.
f) For license reporting, billing, royalty payments and
assessment of service levels.
g) To better understand on an aggregated basis how our
products are used, traffic patterns and what types of
content and services are most popular with users of our
products and services.
This information is treated according
You are responsible for maintaining the confidentiality
of your password and account information. You are responsible
for all activities that occur in your account and you
agree to notify Weather2Umbrella immediately of any unauthorized
account use. Weather2Umbrella is in no way responsible
for any loss that you may incur as a result of any unauthorized
use of your user account and password.
7. DIGITAL RIGHTS MANAGEMENT SYSTEMS
("DRMs"). The Software may include third party
DRMs as Plug-in components which are subject to their
own license agreements. DRMs are designed to manage and
enforce intellectual property rights in digital content
purchased over the Internet. You may not take any action
to circumvent or defeat the security or content usage
rules provided or enforced by either the DRM or the Software.
DRMs may be able to revoke your ability to use applicable
content. W2U is not responsible for the operation of the
DRM in any way, including revocation of your content.
W2U is not responsible for any communications to or from
any third party DRM provider, or for the collection or
use of information by third party DRMs. You consent to
the communications enabled and/or performed by the DRM,
including automatic updating of the DRM without further
notice, despite the provisions of Section 5(b). You agree
to indemnify and hold harmless W2U for any claim relating
to your use of a third party DRM.
You acknowledge and agree that
in order to protect the integrity of certain third party
content, W2U or its suppliers and licensors may provide
for the Software security-related updates that will be
automatically downloaded and installed on your computer.
Such security-related updates may impair the Software
(and any other software on your computer which specifically
depends on the Software) including disabling your ability
to copy and/or play "secure" content, i.e. content
protected by digital rights management. In such an event,
W2U and/or its suppliers and licensors shall use reasonable
efforts to promptly post notices on the W2U web site explaining
the security update and providing instructions to end
users for obtaining new versions or further updates of
the Software that restore access to secure content and
8. TITLE. Title, ownership, rights,
and intellectual property rights in and to the Software
and Documentation shall remain in W2U and/or its suppliers.
The Software are protected by the copyright laws and international
copyright treaties. Title, ownership rights and intellectual
property rights in and to the content accessed through
the Software including the content contained in the Software
media demonstration files shall be retained by the applicable
content owner and may be protected by applicable copyright
or other law. This license gives you no rights to such
9. WARRANTIES AND LIABILITIES.
For the Basic, Trial, Pre-Release,
Free, Alpha and Beta versions of the Software, and for
the Demo versions of the Software, the following terms
DISCLAIMER OF WARRANTY AND LIMIT
OF LIABILITY. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED
AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, W2U FURTHER DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE
USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL W2U OR ITS SUPPLIERS BE LIABLE
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY
LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY
TO USE THE SOFTWARE, EVEN IF W2U HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
10. INDEMNIFICATION. This Software
is are intended for use only with properly licensed media,
content, and content creation tools. It is your responsibility
to ascertain whether any copyright, patent or other licenses
are necessary and to obtain any such licenses to serve
and/or create, compress or download such media and content.
You agree to download, install, and play only those materials
for which you have the necessary patent, copyright and
other permissions, licenses, and/or clearances. You agree
to hold harmless, indemnify and defend W2U, its officers,
directors and employees, from and against any losses,
damages, fines and expenses (including attorneys' fees
and costs) arising out of or relating to any claims that
you have (i) viewed, downloaded, installed, copied or
transmitted any materials (other than materials provided
by W2U) in connection with the Software in violation of
another party's rights or in violation of any law, or
(ii) violated any terms of this License Agreement.
11. TERMINATION. This License Agreement
will automatically terminate if you fail to comply with
any term hereof. No notice shall be required from W2U
to effect such termination. You may also terminate this
License Agreement at any time by notifying W2U in writing
of termination. Upon any termination of this License Agreement,
you shall immediately discontinue use of the Software
and shall within three (3) days return to W2U, or certify
destruction of, all full or partial copies of the Software,
documentation, and related materials provided by W2U.
Your obligation to pay accrued charges and fees shall
survive any termination of this License Agreement.
Copyright © 2001-2010 Weather2Umbrella,
Co. and/or its suppliers. All rights reserved. WeatherMob-W2U
is a registered trademark of Weather2Umbrella, Co.