Terms of Service a/k/a End User License Agreement (EULA)
This is a legal agreement between you and Lucien Dupont (“Developer”) regarding your use of the Friends Weather software and all data or content that is accessed or utilized by the Friends Weather software, including its electronic reproductions of federal laws and regulations (collectively the “Software”). By installing or using the Software, you agree to be bound by the terms of this End-User License Agreement (“EULA”). If you do not agree to the terms of this EULA, you are not entitled to use the Software and must uninstall the Software from any computers or devices on which it is installed.
License. Subject to the terms and conditions of this EULA, Developer grants you a non-exclusive, non-transferable, non-assignable license (without right of sublicense) to install and use one copy of the Software on a single iPhone or iPad personal mobile device that you own and control, and to maintain one backup copy of the Software on your personal computer, solely in machine-executable, object-code form and solely for your personal use.
Restrictions. The Software and any related documentation are protected by United States copyright law and international-treaty provisions. Developer asserts no copyright interest in the contents of federal laws and regulations but does assert a copyright interest in the Software’s internal representations of those laws and regulations. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Developer. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You acknowledge that the Software contains proprietary trade secrets of Developer and his licensors. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user-interface techniques, or algorithms of the Software by any means whatsoever, except to the extent that the foregoing restriction is prohibited by applicable law.
Ownership. The Software is licensed, and not sold, to you under this EULA. You have no ownership rights in the Software or any related documentation. Developer and his licensors retain all right, title, and interest in and all copies of the Software (including any changes, modifications, or corrections thereto) and any related documentation.
Suggestions. If you elect to provide or make available to Developer any suggestions, comment, ideas, improvements, or other feedback or materials related to any Developer product or otherwise (collectively “Suggestions”), Developer will be free to use, disclose, reproduce, modify, license, transfer, and otherwise utilize and distribute your Suggestions in any manner. You will be entitled to no compensation or credit for, nor gain any right, title, or interest in or to, any product of Developer that incorporates or otherwise is based on your Suggestions, including without limitation any upgrades or changes to the Software.
Legal Aspects. You agree that your use of the Software does not create an attorney-client relationship between you and Developer. You agree that the Software does not provide legal advice.
Disclaimer of Warranty. You expressly acknowledge and agree that use of this Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. Except to the maximum extent permitted by applicable law, the Software is provided “as is”, with all faults and without warranty of any kind, and Developer and his licensors (collectively referred to as “Developer” for the purposes of this section) hereby disclaim all warranties and conditions with respect to the software, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and noninfringement of third-party rights. Developer does not warrant against interference with you enjoyment of the Software, that the functions contained in the software will meet your requirements, that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. No oral or written information or advice given by Developer or a Developer-authorized representative shall create a warranty. Should the Software prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply to you.
Limitation of Liability. To the extent not prohibited by law, in no event shall Developer or his licensors be liable for 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 Software, however caused, regardless of the theory of liability (contract, tort, or other), even if Developer 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 Developer’s total liability to you for all damages (other than as may be required by applicable law) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Developer may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Developer’s and his licensors’ liability shall be the minimum permitted under such applicable law.
Termination. This EULA is effective until it is terminated. You may terminate this EULA at any time by destroying all copies of the Software and related documentation in your possession or under your control. This EULA will automatically terminate if you violate any of the terms of this EULA. Upon termination of this EULA, all license rights granted to you shall immediately terminate. However, all other provisions of this EULA shall survive such termination.
Export Laws. You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin. You agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any foreign jurisdiction. By installing or using the Software, you represent and warrant that you are not (a) a national or resident of any country to which the United States has embargoed goods, or (b) on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders.
Miscellaneous. This EULA will be governed by and construed in accordance with the laws of the State of California (“California”), as applied to agreements entered into and to be performed entirely within California and between California residents. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any translation of this EULA is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this Eula shall govern.
This EULA constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by Developer. If, for any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.
End-User Terms Required by Apple. You acknowledge and agree that (i) this EULA is concluded between you and Developer, and not Apple, Inc. (“Apple”); (ii) Developer and his licensors, and not Apple, are solely responsible for the Software; (iii) Apple has no responsibility whatsoever to furnish any maintenance-and-support services with respect to the Software; (iv) in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price you paid the Software; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software; (vi) Apple is not responsible for any claims that you have arising out of your use of the Software; (vii) Apple will have no responsibility whatsoever for the investigation, defense, settlement, or discharge of any third-party claim that the Software infringes that third party’s intellectual-property rights; and (viii) Apple and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) as third-party beneficiary to enforce this EULA against you. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You have the option of buying an auto-renewing subscription, called “Weather Data”, which provides access to the forecasts of your friends and family within the app. This subscription is charged at time of confirmation to your iTunes account and then monthly or yearly. Your subscription will be charged to your credit card during the 24 hours before the end of the current period through your iTunes account. Your subscription will automatically renew unless canceled at least 24 hours before the end of the current period.
You can manage subscriptions and turn off auto-renewal in the Settings app.
Subscriptions will automatically renew unless canceled within twenty-four hours of the end of the current period. Subscribers can cancel anytime in iTunes account settings.
Here are the steps for canceling your subscription:
- Go to Settings > iTunes & App Store.
- Tap your Apple ID at the top of the screen.
- Tap View Apple ID. You might need to sign in or use Touch ID.
- Tap Subscriptions.
- Tap Friends Weather.
- Tap Cancel Subscription.
- Tap Confirm.
Please direct any questions about or feedback on these terms of service to Friend Weather’s developer.