The following End-User License Agreement (“EULA”) is a legal agreement between you and ZsuiwaL Lawiusz Fras (“ZsuiwaL”)
This EULA agreement governs your acquisition and use of “Fu*** Weather” application (“Application”) directly from ZsuiwaL or indirectly through a ZsuiwaL authorized reseller or distributor.
Please read this EULA agreement carefully before completing the installation process and using the Application. It provides a license to use the Application, contains Terms of Service and liability disclaimers.
By clicking “accept” and/or using the Application, you are confirming your acceptance of the Application and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Application, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Application supplied by ZsuiwaL herewith regardless of whether other application is referred to or described herein. The terms also apply to any ZsuiwaL updates, supplements, Internet-based services, and support services for the Application, unless other terms accompany those items on delivery. If so, those terms apply.
1.1 License Grant
ZsuiwaL hereby grants you a personal, non-transferable, non-exclusive license to use the Fu*** Weather (Funny Weather) application on your devices in accordance with the terms of this EULA agreement.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Application nor permit the whole or any part of the Application to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Application or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Application for any commercial purpose
- Use the Application in any way which breaches any applicable local, national or international law
- Use the Application for any purpose that ZsuiwaL considers is a breach of this EULA agreement
1.2 Intellectual Property and Ownership
ZsuiwaL shall at all times retain ownership of the Application as originally downloaded by you and all subsequent downloads of the Application by you. The Application (and the copyright, and other intellectual property rights of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of ZsuiwaL. ZsuiwaL reserves the right to grant licenses to use the Application to third parties.
3. Payments and purchases of subscriptions/premium unlock
ZsuiwaL may sell to you so called “premium” subscriptions and/or one-time premium unlock to be used with the Application. Any and all subscriptions/premium unlocks are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Please note that any payment for subscriptions/premium unlocks is always FINAL AND NON-REFUNDABLE.
ZsuiwaL may manage, regulate, control, modify or eliminate virtual goods (subscriptions/premium unlocks) at any time, with or without notice. ZsuiwaL shall have no liability to you or any third party in the event that ZsuiwaL exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT ZSUIWAL IS NOT REQUIRED TO PROVIDE A REFUND FOR SUBSCRIPTIONS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SUBSCRIPTIONS/PREMIUM UNLOCKS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
4. User-generated content
The Application may allow submitting user-generated content. In exchange for use of the Application, and to the extent that your contributions through use of the Application give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant ZsuiwaL an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to ZsuiwaL’s and other users’ use and enjoyment of such assets in connection with the Application and related goods and services under applicable law. This license grant to ZsuiwaL, and the above waiver of any applicable moral rights, survives any termination of this EULA.
5. Limitations of liability
IN NO EVENT WILL ZSUIWAL, ZSUIWAL’S AFFILIATES, ZSUIWAL’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE ZSUIWAL’s SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT ZSUIWAL, ZSUIWAL’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 5, ZSUIWAL’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
6. Access to services within the Application
The Application provides access to ZsuiwaL’s services (including but not limited to weather data, user content database, technical support, etc.). Although ZsuiwaL strives to provide accurate and reliable weather data and to provide its services at the highest possible level, ZsuiwaL cannot guarantee full accuracy/reliability of the data and uninterrupted availability of its services.
You hereby agree, that ZsuiwaL may at any time, without any prior notice change the scope of the services it provides or partially or completely cease to provide them.
This EULA agreement is effective from the date you first use the Application and shall continue until terminated. You may terminate it at any time upon written notice to ZsuiwaL. The notice should be sent by email to [email protected].
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all use of the Application and to uninstall it. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement may be updated from time to time for any reason. You are advised to consult this web page regularly for any changes, as continued use of the Application is deemed approval of all changes.
9. Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Poland.
Updated: 31st October 2018