Mobile Application End User Licence Agreement (EULA)
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT CAREFULLY BEFORE CONTINUING. BY DOWNLOADING, INSTALLING OR USING A METSERVICE MOBILE APPLICATION YOU AGREE TO BE BOUND BY THIS LICENCE AGREEMENT.
The Meteorological Service of New Zealand Limited ("MetService") End-User License Agreement ("EULA") is a legal agreement between You (either an individual or a single entity) and MetService for the use of MetService’s Mobile Applications on any mobile devices that are compatible with those Applications ("mobile device"), including associated software components, media, printed materials, and online or electronic documentation ("Mobile App"). Any reference in this EULA to a Mobile App must be read as including a reference to data, information and content made available through the Mobile App. By downloading, installing, copying, or otherwise using the Mobile App, you agree to be bound by the terms of this EULA. This EULA represents the entire agreement concerning the Mobile App between you and MetService, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, you must not download, install or use the Mobile App.
MetService (and its licensors) own all intellectual property rights in the Mobile App. The Mobile App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Mobile App is not sold to You – it is licensed on the terms and conditions of this EULA only.
You must ensure that You use the latest version of the Mobile App.
We may change this EULA at any time by issuing a Mobile App update. If you do not wish to accept the changes, you must terminate this EULA before the changes take effect. By installing the update, you agree to be bound by the changed EULA.
- GRANT OF LICENCE.
The Mobile App is licensed as follows:
Installation and Use.
MetService grants you the right to download, install and use the Mobile App on any mobile device you own or control. This licence does not allow You to use the Mobile App on any mobile device that You do not own or control, and You may not distribute or make the Mobile App available to any third party, including, without limit, over a network where it could be used by multiple devices or persons at the same time. The terms of the EULA will govern any upgrades provided by MetService that replace and/or supplement the then current Mobile App, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will apply.
You may only use the Mobile App for personal use only.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Notices.
You must not remove or alter any copyright or other notices on the Mobile App.
You must not distribute copies of the Mobile App to third parties, including (without limit):
- making available any data, content or other information from the Mobile App to any third party; or
- renting, leasing, lending, sublicensing or otherwise making available the Mobile App to any third party.
You must not reverse engineer, decompile, or disassemble the Mobile App, except and only to the extent that such activity is expressly permitted by applicable law.
(d) Support Services.
At MetService’s option, MetService may provide You with support services related to the Mobile App ("Support Services"). Any supplemental software code or other material (including documentation related to the Mobile App) provided to You as part of the Support Services shall be considered part of the Mobile App and subject to the terms and conditions of this EULA. Support may be requested by sending an email to: firstname.lastname@example.org. MetService reserves the right to charge You for the provision of Support Services. MetService may cease to supply Support Services at any time and without notice, provided that You may still contact the email address above with any customer service query.
(e) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Mobile App. Without limiting the previous sentence, You must not use the Mobile App (including but not limited to the data, information and content) for any immoral, illegal or other purpose which MetService determines, in its sole opinion, to be objectionable, threatening, abusive, defamatory, harmful (including any purpose which is detrimental to the interests of MetService), or unlawful.
(f) Consent to Use of Data.
You agree that MetService may collect and use technical data and related information, including but not limited to technical information about Your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Mobile App. MetService may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
The EULA is effective until terminated by You or MetService. Without prejudice to any other rights or remedies available to MetService, MetService may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must immediately cease to use the Mobile App and destroy all copies of the Mobile App in Your possession. You may only terminate this EULA by ceasing to use the Mobile App and destroying all copies of the Mobile App in your possession. To avoid doubt, termination of this EULA is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination and a party may take action against the other party under this EULA in respect of a breach of the EULA arising prior to the effective date of termination.
(b) Cessation of supply of Data.
Without limiting the previous paragraph, MetService, at its sole option, may cease to make available through the Mobile App current and future data, information and content. MetService will use reasonable efforts to provide advance notice of the exercise of this right by posting a notice on MetService’s website. You agree that this satisfies all legal requirements in relation to the notice.
All title and other intellectual property rights, including but not limited to copyrights, in and to the Mobile App and any copies thereof are owned by MetService or its licensors. All title and other intellectual property rights, including but not limited to copyrights, in and to the data, information and content which may be accessed through use of the Mobile App is the property of the respective content owner and is protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by MetService.
- NO WARRANTIES.
MetService expressly disclaims any warranty for the Mobile App. The Mobile App is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of accuracy, merchantability, non-infringement, or fitness of a particular purpose. MetService does not warrant or assume responsibility for the accuracy or completeness of any data, information, content, text, graphics, links or other items contained within or made available through the Mobile App. MetService makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program.
Without limiting the previous paragraph, You acknowledge the uncertainty inherent in weather forecasting. Weather forecasting data, information and content is provided to You for basic information purposes only and is not intended to be relied upon in situations where precise weather forecasting data, information or content is needed or where erroneous, inaccurate or incomplete weather forecasting data, information or content may lead to death, personal injury, property or environmental damage.
- LIMITATION OF LIABILITY.
To the maximum extent permitted by law, in no event shall MetService be responsible or liable for any direct or indirect liability, loss, damages, costs, and expense (including, without limitation, lost profits, lost revenue, business interruption, lost savings, lost information or data, or any indirect, special, incidental or consequential loss of any kind) arising out of or in connection with Your access and use of or inability to access and use the Mobile App (including any exposure to viruses or other forms of interference which may damage your mobile device or expose you to fraud), whether based in contract, tort (including negligence), equity, breach of statutory duty, or otherwise, even if MetService has been advised of the possibility of such damages. Without limiting the previous sentence and to avoid doubt, MetService shall have no liability with respect to the data, information and content made available through the Mobile App or any part thereof, including but not limited to errors or omissions contained therein.
If the limitation of liability in the previous paragraph is held to be invalid in whole or in part, unless the following paragraph applies, then MetService’s total liability to You for all such liability, loss damages, costs, and expense (other than for any liability, loss, damage, cost and expense that cannot be limited at law) must not exceed the amount of fifty New Zealand dollars (NZD$50.00).
MetService will provide You a refund of all relevant fees paid for the Mobile App where so required by the relevant Mobile App store terms. Where such a refund is provided, You agree that this is MetService’s total liability to You for all such liability, loss, damages, costs, and expense (other than for any liability, loss, damage, cost and expense that cannot be limited at law). The refund of fees to You in any other circumstance is at MetService’s sole discretion.
- CONSUMER GUARANTEES ACT.
Nothing in this EULA shall affect any right you may have under the New Zealand Consumer Guarantees Act 1993 to the extent that it is applicable.
- THIRD PARTY CONTENT.
The provisions of this clause 8 are not intended to be read as limiting any other provision of this EULA, including (without limit) clauses 5 and 6.
The Mobile App may display, include or make available content, data, information, applications, services or materials from third parties or provide links to certain third party websites ("Third Party Materials and Websites"). By using the Mobile App, You acknowledge and agree that the MetService 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 and Websites. MetService 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 Materials and Websites. Third Party Materials and Websites are provided solely as a convenience to You. Financial information displayed in or by any Third Party Materials and Websites 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 from such sources, You should consult with a financial professional. Location data provided by any Third Party Materials and Websites is for illustration 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 the MetService, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of any information, including financial information or location data displayed by Third Part Materials and Websites.
In addition, Third Party Materials and Websites may not be accessed from, displayed on or linked to Your mobile device in all languages or in all countries. MetService makes no representation that such Third Party Materials and Websites are appropriate or available for use in any particular location. To the extent You choose to access such Third Party Materials and Websites, You do so at Your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. MetService reserves the right to change, suspend, remove, or disable access to any Third Party Materials and Websites at any time without notice. In no event will MetService be liable for the removal of or disabling of access to any Third Party Material and Websites. MetService may also impose limits on the use of or access to certain Third Party Materials and Websites without notice or liability.
- APPLICABLE LAW.
This EULA is governed and to be construed by the laws of New Zealand and You accept that the New Zealand courts have non-exclusive jurisdiction to deal with any dispute, litigation or other matter relating to this EULA or the Mobile App.
If at any time any provision of these terms is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to become legal, invalid or unenforceable or, if this is not possible, deleted. The other terms of this EULA shall continue to apply with full force and effect.
Where you download, install or use the Mobile App on an Apple mobile device, you acknowledge that:
- the EULA is between MetService and You, and not Apple; and
- Apple has no responsibility or liability in respect of any matter relating to the Mobile App, including Your use or possession of the Mobile App.
MetService and You agree that Apple, and any Apple subsidiary, are third party beneficiaries of the EULA and that Apple has the right to enforce the EULA against You as a third party beneficiary.
You represent and warrant that you are not located in a county that is subject to a US Government embargo, or that has been designated by the US Government as a terrorist supporting county, and You are not listed on any US Government list of prohibited or restricted parties.