Weather Gizmo 1.0

EULA - End User License Agreement

PLEASE READ THE TERMS OF USE (“TERMS”) CAREFULLY BEFORE ACCESSING OR USING THE SITE WEATHERGIZMO.COM (THE “SITE”) AND ITS RELATED SERVICES, INCLUDING OUR WEATHER SOFTWARE AND APPLICATIONS (“SOFTWARE”). THE SITE AND SOFTWARE MAY ALSO BE REFERRED TO COLLECTIVELY IN THESE TERMS AS THE “SERVICE”. BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE. WEATHERGIZMO MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. THESE TERMS WERE LAST MODIFIED ON OCTOBER 13, 2012. SHOULD YOU HAVE ANY QUESTONS PLEASE CONTACT US AT INFO@WEATHERGIZMO.COM.
SITE TERMS OF USE

1. Copyright, Licenses and Idea Submissions

The entire contents of the Site are protected by copyright and other intellectual property laws. The owner of the copyrights, trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, neighboring rights, moral rights and mask works, and all derivative works thereof associated with the Site and its entire content are the sole property of WeatherGizmo, its affiliates or other third party licensors. The Site and its entire content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. WeatherGizmo does not convey, through allowing access to the Site or use of the Service, any ownership rights in the Site, or Software. You agree to grant to WeatherGizmo a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site or by e-mail to WeatherGizmo by all means and in any media now known or hereafter developed. You also grant to WeatherGizmo the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against WeatherGizmo for any alleged or actual infringement or misappropriation of any proprietary right in your communications to WeatherGizmo.

2. Scope of Terms

These Terms govern your access and use of the Site and Service, except to the extent such Service is subject to a separate agreement. Additional terms may apply to the use of some or all of the Service provided to you via the Site.

WeatherGizmo may include features that are designed to let you access and import content from other parts of the web. You understand that it is your sole responsibility to download content that does not infringe upon any copyright laws and that you may access content that is offensive or objectionable to you. Therefore, your use of these features is at Your own risk.

3. Trademarks

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of WeatherGizmo. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

4. Use of the Site.

In connection with Your use of the Site, You agree that You shall not: (i) transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input the Site with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (iv) harm minors in any way; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (vi) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations, requirements, procedures or policies in force from time to time; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website; (viii) transmit, access or communicate any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Site, obtain or accumulate personal information about individual users or collect or store personal data about other users; (x) modify, delete or damage any information contained on the personal computer of any other Site user; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Site in any manner that in WeatherGizmo's judgment, adversely affects the performance or function of the Site or interferes with the ability of other members or authorized parties to access the Site; or (xiii) undertake any acts not expressly permitted under the Terms.
You understand that, except for information, products or services clearly identified as being supplied by WeatherGizmo, WeatherGizmo does not operate, control or endorse any information, products or services on the Internet in any way. Except for WeatherGizmo - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with WeatherGizmo. You also understand that WeatherGizmo cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

5. Disclaimer of Warranty

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. WEATHERGIZMO PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND WEATHERGIZMO SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WEATHERGIZMO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. WEATHERGIZMO HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

6. LIMITATION OF LIABILITY

IN NO EVENT WILL WEATHERGIZMO BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF WEATHERGIZMO OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, WEATHERGIZMO LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WeatherGizmo makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- WeatherGizmo web site, please understand that it is independent from WeatherGizmo, and that WeatherGizmo has no control over the content on that web site. In addition, a link to a WeatherGizmo Site does not mean that WeatherGizmo endorses or accepts any responsibility for the content, or the use, of such web site.

7. Indemnification

You agree to indemnify, defend and hold harmless WeatherGizmo, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

8. Privacy Policy

The Privacy Policy governs WeatherGizmo's use of personal information, and is incorporated herein by reference. The Privacy Policy is available at http://www.weathergizmo.com/privacy/

9. Notice and Take Down Procedures; Copyright Agent

WeatherGizmo respects the intellectual property rights of others, and requires that the people who use the Site and Service do the same. If You believe any materials accessible on or from the Site or Service infringe Your copyright, You may request removal of those materials (or access thereto) from the Site by contacting WeatherGizmo's copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures.

10. Third Party Rights

The provisions of paragraphs 4 (Use of the Service), and 7 (Indemnification) are for the benefit of WeatherGizmo and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

11. Terms and Termination

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 4 (Use of the Service), 7 (Indemnification), 10 (Third Party Rights) and 12 (Miscellaneous) shall survive any termination of this Agreement.

12. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of Israel applicable to agreements made and to be performed in Israel. You agree that any legal action or proceeding between WeatherGizmo and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Israel. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. WeatherGizmo's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. WeatherGizmo may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
WEATHERGIZMO SOFTWARE LICENSE AND TERMS OF USE

1. SOFTWARE LICENSE

You are licensed to download and install the Software on any device that is in Your possession (“License”). This License gives You a personal, worldwide, non-exclusive, and non-assignable license to use the Software for the sole purpose of enabling You to use the Service in the manner permitted by the Terms or any additional terms or conditions WeatherGizmo may provide to You. If you download the Software this License shall be incorporated into and made part of the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by WeatherGizmo, in writing. You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software, except as expressly set forth herein.
Using the Software and/or Service does not grant You with rights to any patents, copyrights, trade secrets, trademarks, source code or interest in the software or service. The Software may be automatically updated when a new version is available.
Elements of the Software may not be used separately from the Software or the Service unless expressly authorized in writing by WeatherGizmo. You may not try to derive source code unless authorized. By downloading the Software and using the Service you agree to comply with any local laws regulating the use of the Software.
You cannot license, sell, provide or distribute the Software for any prohibited use or to any prohibited end user. Software is a commercial item and is protected by U.S. copyright law and international treaty. Unauthorized distribution will be subject to criminal penalties.

2. PROPRIETARY RIGHTS

WeatherGizmo, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Service and Software, except for the rights expressly granted in these Terms. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Software. This License does not grant you any right to use the trademarks, service marks or logos of WeatherGizmo or its licensors. You acknowledge and agree that the Services and the Software, including without limitation the Software's sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of WeatherGizmo and its suppliers and is considered WeatherGizmo's confidential information. The Software and Services are licensed and not sold to You, and no title or ownership to such Software or Services or the intellectual property rights embodied therein passes as a result of this License or any act pursuant to these Terms. The Software and Service and all intellectual property rights therein are the exclusive property of WeatherGizmo, and all rights in and to the Software and Service not expressly granted to You in this Agreement are reserved.

3. TERM AND TERMINATION

The term of this License will commence upon Your download of the Software and, unless earlier terminated as provided in this Section 3, will continue in perpetuity. This Agreement will immediately terminate upon Your breach of this License. Upon the termination of this License, You will discontinue all use of the Software and/or Service, promptly destroy or have destroyed the Software and any copies thereof.

4. ADDITIONAL TERMS

Please be aware that the provisions for the Site Terms of Use entitled “Disclaimer of Warranties”, “Limitations of Liability”, “Indemnification”, “Privacy” and “Miscellaneous” are incorporated into this License and apply to Your use of the Software.