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        WEATHER2UMBRELLA CO.
END USER LICENSE AGREEMENT
WEATHER MOBILE SOFTWARE

REDISTRIBUTION NOT PERMITTED

Software License for WeatherMob Software.

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 PRIVACY POLICY.

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 CONDITIONS.

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 SOFTWARE

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 or update.

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 agree with the Privacy Policy, do not install the Software 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 governed by Weather2Umbrella Privacy Policy. Your election 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 of the Weather2Umbrella Privacy Policy: Information collected 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 to:
a) Verify access rights to premium content, services or software.
b) To provide you with information about products, services, news and events.
c) To allow you to purchase and download products and services.
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 to the Weather2Umbrella Privacy Policy. If you have questions about our Privacy Policy, please e-mail us at Оваа е-пошта е заштитена од spambots, треба да вклучите JavaScript за да ја видите .
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 related features.

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 content.


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 apply:

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.