WEATHER WHISKERS iOS APPLICATION
END USER LICENSE AGREEMENT
Last Updated – October 17, 2013
The Weather Whiskers Application acquired through iTunes is licensed, not sold, to you for use only under the terms of this license. The licensor, Ask Applications Inc. (“Application Provider” or “Ask Applications”) reserves all rights not expressly granted to you. The product that is subject to this license is referred to in this license as the “Weather Whiskers Application” or "Application”.
If you download the Weather Whiskers Application, you will be:
- Installing a software program on your iOS Product in the form of an application.
- Entering into this contract (the “End User License Agreement” or “EULA”) with Ask Applications, Inc. governing your use of the Application.
You must be 13 years of age or older to install or to use the Weather Whiskers Application. Do not download the Application if you are not yet 13.
If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this End User License Agreement with you, discuss any questions you might have.
If you are a parent or a guardian, you are responsible for exercising supervision over your children's downloading activities. If you do not agree to the End User License Agreement, do not let your child use the Weather Whiskers Application. If you are the parent or guardian of a child under 13 and believe that he or she is using the Application, please contact us at firstname.lastname@example.org.
The Weather Whiskers Application gives you access to weather reports and pictures. You can also share weather reports and pictures with LOL speak with a friend via SMS, email, or your favorite social network.
This End User License Agreement is a legal contract between you and Ask Applications, Inc. (Not Apple, Inc.). If you do not understand or agree with any part of the rules outlined in this End User License Agreement, please do not use the Weather Whiskers Application. If you have any questions or concerns regarding the terms herein, please let us know by emailing us at email@example.com. Do not use the Weather Whiskers Application until your questions and concerns have been answered to your satisfaction and you agree to abide by the End User License Agreement. By using the Application, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it.
Scope of License: This license granted to you by Ask Applications is limited to a non-transferable license to use the Application on any iOS device that you own or control, as permitted by the Apple App Store Terms of Service. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license and iTune Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of Ask Applications. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Ask Applications that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. All rights not expressly granted hereunder are expressly reserved to Ask Applications and its licensors. You understand that Ask Applications, in its sole discretion, may modify or discontinue or suspend your right to access any of our services at any time, and we may at any time suspend or terminate any license hereunder.
Maintenance and Support. Any maintenance and support services offered for this Application shall be offered solely by Ask Applications.
Termination. The license is effective until terminated by you or Ask Applications. Ask Application can terminate your rights under this license with or without any cause, at any time, without notice. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Services; Third Party Materials. The Licensed Application may enable access to Ask Application’s and third party services and web sites (collectively and individually, "Services"). Use of the Servces requires Internet access and that you accept all applicable third party terms of service.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at rour sole risk and that Ask Applications shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Ask Applications is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Ask Applications does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Ask Applications, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the 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 Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Ask Applications is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from displayed on or linked to from the iOS Products are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, You do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Ask Applications, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Ask Applications be liable for the removal of or disabling of access to any such Services. Ask Applications may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ASK APPLICATIONS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ASK APPLICATIONS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ASK APPLICATIONS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ASK APPLICATIONS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ASK APPLICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Ask Application’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ASK APPLICATIONS, INC., ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SITE AND/OR SERVICES, YOUR VIOLATION OF END USER LICENSE AGREEMENT OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY ASK APPLICATIONS, INC. OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
This Application is offered by Ask Applications in the United States, and is not intended to subject Ask Applications to the laws or jurisdiction of any territory other than that of the United States. Ask Applications does not represent or warrant that the Application or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The laws of the State of New York, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Any claims relating to this Agreement shall be brought in the applicable state or federal courts in New York county, New York and you hereby submit to exclusive personal jurisdiction and venue therein.
Un-installation/Removal of the Weather Whiskers Application. The Application can be easily uninstalled. For uninstall instructions, click here.
Copyright issues. Ask Applications respects and expects its users to respect the rights of copyright holders. On notice, Ask Applications will act appropriately to remove Content that infringes the copyright rights of others. Ask Applications reserves the right to disable the access to the Application by anyone who uses it to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyright rights, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Application;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact Ask Applications, Inc.′s Copyright Agent for Notice of claims of copyright infringement as follows:Ask Applications, Inc.
555 West 18th Street
New York, NY 10011
ATTN: Privacy Officer/Legal Dept.
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