License Agreement For «Yandex.Weather» Software for mobile devices
This document is a translation of License Agreement For «Yandex.Weather» Software for mobile devices in English. In case of conflict between the Russian version of License Agreement For «Yandex.Weather» Software for mobile devices and this translation - only the Russian version of License Agreement For «Yandex.Weather» Software for mobile devices is legally binding. The Russian version of License Agreement For «Yandex.Weather» Software for mobile devices can be found here: https://yandex.ru/legal/weather_mobile_agreement/?lang=ru.
Please, read the terms of the following License Agreement carefully prior to using this software. By using this software you completely and unconditionally accept the terms of the License Agreement.
If you do not agree with the terms of the following License Agreement, do not use the software for whatever purposes.
1. General provisions
1.1. This License Agreement (the «License») sets forth the terms and conditions of use for the «Yandex.Weather» software for mobile devices (the «Software»), and is entered into by and between any person using Software (the «User»), and YANDEX, LLC, 16 Lva Tolstogo st., Moscow, 119021, Russia, which is the sole owner of the exclusive rights in and to the Software (the «Rightholder»).
1.2. By copying the Software, installing it on his mobile device or otherwise using the Software, the User expresses the full and unconditional agreement to all the terms and conditions of this License.
1.3. The Software may be used under the terms and conditions of this License only. If the User does not accept the terms and conditions of this License in full, the User shall not be entitled to use the Software for whatever purposes. Any use of the Software not expressly permitted by this License or in breach of any terms and conditions of this License is prohibited.
1.4. A personal non-commercial use of the Software hereunder is free of charge. Use of the Software under the terms and by means not described in this License shall be allowed only subject to a separate agreement with the Rightholder.
1.5. By using the Software you agree that the following documents are an integral part of this License and their terms and conditions are fully applicable to the use of the Software:
"User Agreement for Yandex Services", posted on the Internet at https://yandex.ru/legal/rules/.
"Terms of Yandex.Weather service", posted on the Internet at https://yandex.ru/legal/weather_termsofuse/.
The above mentioned documents (including any part thereof) may be amended by the Rightholder without any prior notice, the new version of the documents shall enter into force upon its publication, unless otherwise provided in the new version of the documents.
1.6. This License and all the relationships related to the use of the Software shall be governed by the law of the Russian Federation and any claim or action arising from this License or use of the Software shall be brought and settled in the competent court located where the Rightholder resides.
1.7. The Rightholder may provide the User with a translation of this License from Russian into other foreign languages, however, in case of any conflict or discrepancy between the terms and conditions of the License in Russian and its translation, only Russian version of the License shall be valid.
2. Software Rights
2.1. The Rightholder owns all right, title and interest, including copyright and all exclusive rights, in and to the Software.
3.1. The Rightholder hereby grants the User a worldwide, limited, non-exclusive, non-transferable, non-assignable, non-sublicensable and royalty-free license to use the Software throughout the world by the following means:
3.1.1. To use the Software in accordance with its functionality by copying and installing (reproducing) it on the User's mobile device(s). The User shall be entitled to install the Software on an unlimited number of mobile devices. During installation on a mobile device each Software copy shall be assigned a unique number which shall be automatically communicated to the Rightholder.
3.1.2. To reproduce and to distribute this Software for non-commercial purposes (free of charge).
4.1. Except when and if, and only to the extent expressly permitted by this License or by the applicable law of Russian Federation, the User shall not be entitled to modify, decompile, disassemble, decrypt or perform other activities with the object code of the Software with the purpose of obtaining information on how algorithms used in this Software are implemented, to create derivative works based upon the Software, and otherwise use, or authorize other persons to do so, the Software without a prior written consent of the Rightholder.
4.2. The User shall not be entitled to reproduce and to distribute the Software for commercial purposes (including for a payment), including as a part of software product collections without a prior written consent of the Rightholder.
4.3. The User shall not be entitled to distribute the Software in any form different from the form in which the User received the Software without a prior written consent of the Rightholder.
4.4. The Software shall be used (including distributed) under the following name: «Yandex.Weather». The User shall not be entitled to change the Software name, to change and/or remove any copyright notice or other notices of the Rightholder.
5. Usage terms for particular Software features
5.1. Some functions of the Software require an access to the Internet to be performed. The User shall independently obtain an access to the Internet on the terms and for fees established by its carrier or internet service provider and pay for that on its own cost.
5.2. Some functions of the Software, including the adding of favorite locations to access the weather information with respect to such locations, are available only to the User who registered an account in accordance with the User Agreement for Yandex Services.
6. License Limitation of Liability
6.1. The Software is provided hereunder on “as is” basis. Except as explicitly set forth in this License, the Rightholder gives no warranty of any kind, including, but not limited to, for error-free and failure-free work of the Software, fitness of the Software for purposes or expectations of the User.
6.2. To the maximum extent permitted by applicable law, the Rightholder shall not be liable to the User or any other third party for any direct or indirect consequences of any use or failure to use of the Software and any damages caused to the User and/or third parties as a result of any use, disuse or failure to use the Software or any of its components or functions, including as result of possible Software errors of failures.
6.3. The User hereby agrees and acknowledges, that when using the Software, the Rightholder shall be automatically communicated the following unidentified (with no reference to the User) information: the type of the operation system of the User’s mobile device, the version and identifier of the Software, statistics of use of the Software features, the data from barometer (magnetometer), geolocation of the User’s mobile device, and other technical information.
6.4. All questions and claims related to use of/failure to use the Software and possible violation of law and/or rights of third parties by the Software shall be submitted via the feedback form at http://mobile-feedback.yandex.ru/?from=m-weather.
7. Updates/new versions of the Software
7.1. This License shall cover all future updates/new versions of the Software. By agreeing with the installation of the update/new version of the Software, the User accepts the terms and conditions of this License for respective updates/new versions of the Software if such update/new version of the Software is not accompanied with other license agreement.
8. Modifications in the terms and conditions of this License
8.1. This License Agreement can be modified by the Rightholder unilaterally. The notification of the User on modifications made to this License shall be published at https://yandex.ru/legal/weather_mobile_agreement/. The specified modifications to the terms and conditions of the License Agreement shall come to force upon their publication, unless otherwise set out in the relevant publication.
9. Information about right holders and content providers
9.1. Weather forecast data provided by FORECA.
9.2. Weather forecast provided by "Yandex.Probki" LLC, License No P/2015/2885/Л.
Date of publication: 30.09.2016
Previous version of the document: https://yandex.ru/legal/weather_mobile_agreement/26112015
Previous version of the document: https://yandex.ru/legal/weather_mobile_agreement/20112015