PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING THE WEATHERCAST BUNDLE (THE "SOFTWARE") PROVIDED BY WHENU.COM, INC. ("WHENU.COM"). USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE AGREEMENT (THE "LICENSE AGREEMENT"). BY INSTALLING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN. WHENU.COM RESERVES THE RIGHT TO REVISE THIS LICENSE AGREEMENT AND PRIVACY STATEMENT AT ANY TIME.
WhenU WeatherCast brings your current local weather conditions and 5-day forecast to your desktop at all times. By entering your zip code or local city, you gain access to important weather information for your area. You can also check the weather at any location around the world. WhenU WeatherCast will display your local temperature in degrees in your computer’s system tray, and when clicked on will give you a detailed weather update and forecast. If your Internet connection is active, your WhenU WeatherCast system tray icon temperature will be updated every half hour.
ICE shows you relevant coupon offers, contextual information and services as you surf the Web. ICE attempts to display offers at the moment when they are most relevant to you. ICE offers and information are displayed within the application to which ICE is providing support.
ICE software selects which ads and offers to display to individual users based on several factors, including: which Web pages you visit, search terms you use while searching online, content of the Web pages you view and your local zip code (if you have supplied it ). ICE ads and offers are not endorsed or affiliated with anyone other than WhenU.com and may in fact be competitive with some of the sites visited by the user while online. ICE ads and offers are delivered through the WhenU WeatherCast application.
ICE enables users to receive advertising-supported versions of many popular software applications for free. Use of ICE is required to continue to use of WhenU WeatherCast for free.
The software is licensed to you for your personal, non-commercial use only. Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limitation, you may not: (a) modify or create any derivative works of the software or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the software; or, without limitation, redistribute, sublicense, or otherwise transfer rights to the software.
WhenU.com products and services are not available to individuals below the age of 13. By accepting this installation, you are representing that you are not a minor below the age of 13.
You expressly agree that the use of this software is at your own risk. The software is provided on an “As Is” basis, without warranty of any kind, including without limitation the warranties that it is free of defects and errors, fit for a particular purpose, or non-infringing. WhenU.com reserves the right to periodically update and/or upgrade the software at the company’s discretion. Your installation of the software indicates your acceptance of potential future updates and/or upgrades to the software.
The information and services provided by the software and/or WhenU.com are similarly provided on an “As Is” basis, without warranty of any kind. The accuracy and reliability of any information content or services provided by the software and or WhenU.com should be independently verified by you as the user prior to making purchase decisions and or any other decisions based on such information content and services.
To the maximum extent permitted by law, in no event will WhenU.com or its agents be liable for any damages arising from the use of or inability to use the software, including, without limitation, damages to users’ systems and/or software and/or data, computer failure or malfunction, computer virus transmission, performance delays or communication failures, security breaches or any and all other damages or losses.
By downloading the ICE software, you give permission to WhenU.com to display relevant contextual information and offers. The ICE software selects which ads and offers to display to individual users based on several factors, including: URLs associated with web pages visited by the user, search terms typed by the user into search engines, HTML content of the web pages viewed by the user and the local zip code of the user.
The ICE software protects users' privacy by uploading a database of content in small chunks to individual desktops and then determining on the desktop whether or not to retrieve information from WhenU.com or third-party servers. To protect user privacy, the same database of content is sent to all desktops. Decisions regarding which ads to retrieve to an individual desktop are all processed on the user's desktop - and isolated from WhenU.com servers. User privacy is also protected in the following manner:
1) Personally identifiable information is NOT required in order to use the software and WhenU.com does NOT know the identity of individual users of the software.
2) As the user surfs the Internet, URLS visited by the user (i.e. the user's "clickstream data") are NOT transmitted to WhenU.com or any third party server.
3) WhenU.com does NOT assemble personally-identifiable browsing profiles of users.
4) WhenU.com does NOT assemble anonymous machine-identifiable browsing profiles of individual users.
5) WhenU.com does NOT track which ads and offers are seen or clicked on by individual machines — analysis and tracking is done in the aggregate.
Each individual desktop is assigned an anonymous, unique machine ID. This machine ID is used ONLY to enable WhenU.com to count unique, active desktops in the network. The machine ID is NOT used to determine which ads to serve individual users or to create browsing profiles of users. When ads are displayed by the software, impressions and clickthroughs are reported to WhenU.com servers. To protect user privacy and prevent WhenU.com or any third party from assembling user profiles, the unique machine ID is NOT included in the impression and clickthrough reports sent by the desktop to WhenU.com servers.
ICE does NOT place any cookies on your desktop. It is possible that a third party advertising on our network might place a cookie on your desktop. If you wish to opt-out from third party cookies, please click on the following link and follow the instructions: http://www.networkadvertising.org/optout_nonppii.asp
WhenU WeatherCast's function is to provide you with your local weather conditions and forecasts. WhenU WeatherCast adheres to all of the privacy statements made above in this section. WhenU WeatherCast does store your zip code or city on your desktop in order to provide you with your local weather, however, there is NO personally-identifiable information required or collected in order to use the software. Your zip code may be used either by WhenU WeatherCast, or ICE to show you targeted local offers.
WhenU.com may update privacy statements for the ICE software at any time. A current version of the ICE privacy statement is available at http://www.whenu.com/pc_ice.html.
