End User License Agreement

Theyr Ltd End-User License Agreement

For requesting and viewing weather & ocean forecast data supplied by:

Theyr Ltd, Regents Place, 338 Euston rd, London NW1 3BT

Theyr Ltd (“Theyr”) licenses this software to you only upon the condition that you accept all of the terms contained in this End-User License Agreement (EULA).  

This EULA is between you and Theyr.  Please read it carefully and do not copy, install, upload, access or use the software unless you agree with all the terms of the EULA, and agree that you or the legal entity you represent are bound by the EULA.

A contract is formed between Theyr and either you personally, if you acquire the software for yourself, or the company or other legal entity for which you are acquiring the software.

If you do not agree or do not wish to bind yourself or the legal entity you represent, you must not copy, install, upload, access or use the software.

 

1.0 DEFINITIONS

"Backup" means one copy of the Product installed on the same or another device owned by you, as set out in clause 2.1(a) of this Agreement.

"Theyr Product" or "Product" means the weather & ocean forecast data.

“Data” means any expressed data, fixed in a form giving rise to Intellectual Property Rights. 

“End User(s)” means any individual, corporation or organization to whom Theyr directly or indirectly distributes and grants a licence for use of the Product.

“EULA” means this End User Licence Agreement. 

“Intellectual Property Rights” means any and all intellectual property rights recognized by the law, including but not limited to intellectual property rights protected through legislation.

 

2.0 LICENCE GRANT

2.1 In consideration of your payment and subject to this EULA, you are granted a non-exclusive, non-assignable, non-sublicensable and non-transferable licence to use the Product for personal use, subject to the terms and conditions set out below:

(a) This licence is for the installation and use of the Product by you on your own primary device, plus installation of one backup on the same or another device owned by you.

This licence is a single-user licence, and is not a licence for multiple, non-concurrent or concurrent network users/workstations; for such uses, please apply for the relevant licence to Theyr.

(b) You shall not, nor allow nor direct any person to: 

(i) Disassemble, decompile or in any way attempt to reverse engineer software associated with the Product; 

(ii) Extract, adapt or use any part of the Product to develop or derive any other product whatsoever, whether for personal use or for distribution or commercial purposes, without the prior written permission of Theyr to do so.  

 (iii) Copy, publish, communicate or redistribute the Product or any part of the Product, except one backup as set out in clause 2.1(a) above; or

(iv) Directly or indirectly, sell, rent, lease, sublicence, re-sell, redistribute, republish, reproduce, copy, broadcast or transmit any part of the Site, in any format, including but not limited to, any products, services, data, software or images, for any purpose whatsoever, without the prior written permission of Theyr to do so.

 

3.0 COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

3.1 All title and Intellectual Property Rights in and to the Product, which are owned by Theyr, including but not limited to all software, data, information, design, presentation and arrangement shall at all times remain the property of Theyr.  

3.2 All title and Intellectual Property Rights in and to Data which is not owned by Theyr are the property of the respective content owners and may be protected by copyright, other intellectual property laws, common law or international treaties.

3.3 At any time while this Agreement is in effect or after the expiry or termination of this Agreement, you agree not to use or adopt any trade mark, trade name, trading style or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any trade mark, official mark, logo or domain name used by Theyr, unless with the prior written consent of Theyr.

3.4 This is a licence to use the Product as supplied, and is not a sale or assignment of any, or all, of the rights of Theyr thereto.

3.5 In the event your intended use(s) of the Product falls outside the scope of this Agreement in any way, you agree to request written authorization from Theyr, prior to such use.

 

4.0 REPRESENTATIONS, WARRANTIES, INDEMNITIES, DISCLAIMERS

4.1 Theyr does not make any representation or warranty of any kind with respect to the accuracy, usefulness, novelty, validity, scope, completeness or currency of the Product; and the Crown expressly disclaims any implied warranty of merchantability or fitness for a particular purpose of the Product. 

4.2  While Theyr uses reasonable skill and care to ensure the accuracy of its weather and ocean data and forecasts provided through our internet and software applications, it should always be borne in mind that meteorology, and weather forecasting in particular, are not exact sciences. 

Therefore Theyr  weather and ocean data and forecasts cannot be relied on as statements of fact. In addition, you should be aware that Theyr weather and ocean data, forecasts and services are provided without warranties or representations of any kind, whether express or implied.

Any use you may make of Theyr weather and ocean data, forecasts and services is entirely at your sole risk, and Theyr does not warrant or represent that the weather data, forecasts or services are error free or fit for any particular purpose or use. 

Theyr accepts no responsibility for any use made of its weather and ocean data, forecasts or services, nor does it accept any liability for any death, injury, damage or loss of any kind, whether direct or indirect, to any person or entity, which may arise as a result of or in connection with use of our weather and ocean data, forecasts or services, to the fullest extent that we may disclaim such responsibilities and liabilities at law.

4.3 Due to reliance on third party data suppliers and communication networks, or for any other reason, Theyr does not warrant that provision of or access to weather and ocean data, forecasts or services will be either error-free or uninterrupted.

4.4 In no event shall Theyr or its employees, contractors or its agents be liable, whether by way of any suit or action or other, for any loss, liability, damage or cost that you may suffer or incur at any time, by reason of your possession or use of the Product or arising out of the exercise of your rights under this Agreement.

4.5 You shall indemnify Theyr and its employees, contractors and agents from and against and be responsible for all claims whatsoever alleging loss, costs, including solicitor and client costs, expenses, damages or injuries including injuries resulting in death, actions, suits, or proceedings, by whomsoever made, brought, and prosecuted, in any manner arising out of your possession or use of the Product or from your exercise of your rights under this Agreement.

4.6 Your obligation to indemnify the Theyr under this Agreement shall not affect or prejudice Theyr from exercising any other rights under law.

 

5.0 TERM

5.1 This EULA is effective for from the date of purchase of the Product.

 

6.0 TERMINATION

6.1 This EULA may be terminated automatically and without notice, if you commit or permit a breach of any of your covenants or obligations under this Agreement.

6.2 Upon the termination of the Agreement, for whatever reason:

(a) Clauses 4.4 and 4.5 shall survive; and 

(b) Your rights under clause 2.0 shall immediately cease.

7.0 GENERAL

7.1 This EULA shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of England. Any dispute or claim arising out of or in connection with the Terms of Use shall be dealt with under the exclusive jurisdiction of the English courts.

7.2 If a dispute arises between the parties concerning this Agreement, the parties shall attempt to resolve the matter by negotiation, mediation or arbitration. 

7.3 Any notices or other communications under this EULA shall be in writing and shall be addressed to:
Theyr Ltd
Regents Place, 
338 Euston rd, 
London NW1 3BT
support@Theyr.com

7.4 This EULA constitutes the entire agreement between us. Any modifications to this EULA shall be invalid, unless made in writing and duly signed by both parties.

 

8.0 ACKNOWLEDGEMENT AND AGREEMENT BY USE

8.1 Any use whatsoever of this product shall constitute your acknowledgement of and agreement to adhere to all of the terms and conditions herein.