AWS Convergence Technologies, Inc.
WEATHERBUG END USER LICENSE AGREEMENT
UPDATED: JUNE 3, 2005
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE ACCEPTED BY DOWNLOADING THIS PRODUCT.
Please read the following terms and conditions before using the WeatherBug, WeatherBug Alert, and WeatherBug Plus software (the "Software") provided by AWS Convergence Technologies, Inc. ("AWS") for use as stand-alone products or in conjunction with AWS websites and related services (the "Services"). If you do not agree with these terms, do not install or use the Software.
If you have chosen to install the WeatherBug Browser Bar, powered by MyWebSearch, a program made available by Ask Jeeves, Inc. please also read that (separate) License Agreement, which is appended to the end of this Agreement.
THIS SOFTWARE IS ADVERTISING AND SPONSOR SUPPORTED. The Software is provided for your use, as described below, free of charge, (unless you have activated the WeatherBug Plus features by purchasing a subscription to that service), and is supported by advertising and sponsorship revenue. Periodically, you may be asked to select a sponsor for a particular session of WeatherBug use. If you decide to select a sponsor in this instance, you will be presented with that sponsor's marketing message through banner advertisements and/or a visit to a page on the sponsor's website. Advertisements will generally be displayed within the frame of the WeatherBug application. Moreover, we may deliver topical weather reports and news and information from our weather experts in separate browser windows that may have advertisements as well. You will ONLY be shown advertisements from the Software when the Software is actively displaying weather information in a window on your screen.
You understand and agree that in order to make our services functional and robust, the Software may communicate with our servers. THE SOFTWARE DOES NOT MONITOR OR REPORT BACK TO AWS ANY INFORMATION ABOUT WHERE YOU ARE SURFING OR WHAT YOU DO ON ANY WEBSITES. The Software communicates only in connection with providing our Services or in connection with updates. You hereby consent to such communications. If you wish to withdraw your consent to this communication, please uninstall our Software. You may find uninstall instructions here: http://www.weatherbug.com/aws/support/60faq_uninstall.htm
CONSENT TO INSTALLATION AND RIGHT TO UNINSTALL. You understand that you may uninstall any of our Software at any time by using the Windows add/remove programs function. However, by uninstalling the Software, you will be unable to access our Services.
You understand and agree that installation of the Software permits the downloading to your computer by AWS of software which allows us to update the Software for the purpose of fixing product defects, enhancing the weather warning, alerting or other functionality, or providing enhancements to improve your interaction with the Software, and that such updates may occur without notice to you. You agree to accept all such updates and agree that they are and shall be governed by this Agreement unless superseded by a successor agreement as described in paragraph 12 below.
1. LICENSE GRANT. AWS grants to you a non-exclusive license to use the Software as described below.
1.1.1 use the Software on any single computer for personal, non-commercial use unless otherwise agreed to in writing by AWS;
1.1.2 copy the free version of the Software only, without modification for distribution to third parties free of charge; and
1.1.3 copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
You may not:
1.2.1 permit other individuals to use the Software except under the terms listed herein;
1.2.2 permit concurrent use of the Software;
1.2.3 modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software;
1.2.4 copy the Software other than as specified above;
1.2.5 rent, lease, grant a security interest in, sell, or otherwise transfer rights to the Software;
1.2.6 remove any proprietary notices or labels on the Software.
1.2.7 compile and/or re-distribute the digital images, videos, graphic elements, articles, content and/or weather data, historical or current, for any purpose other than private or educational use. As used herein, "educational use" shall mean use by a school or educational facility solely for the purpose of educating the students enrolled therein.
2. "AS IS" WARRANTY.
2.1 THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
2.2 More specifically, AWS does not warrant that the functions included in the Software or the Services will meet your requirements or that the operation of the Software or the Services will be uninterrupted or error free. AWS does not warrant that files or data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time. AWS does not warrant the accuracy of the data, and bears no liability for missing or unavailable data. You bear the entire risk as to the use, quality and performance of the Software and the Services.
2.3 Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
3. TITLE. Title, ownership rights, and intellectual property rights in the Software, the data displayed by the Software, and the Services shall remain in AWS and/or its licensors. The data, Software and Services are protected by various copyright laws and treaties. Title and related rights in the data and Services are the property of the applicable content owner(s) and may be protected by applicable law. This License gives you no rights to such content.
4. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein or if the Services are terminated or expire. On termination of this license, you must destroy all copies of the Software in your possession or control.
5. EXPORT CONTROLS. THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES IN A MANNER THAT IS PROHIBITED BY APPLICABLE EXPORT LAWS AND REGULATIONS. BY DOWNLOADING OR USING THE SOFTWARE OUTSIDE THE UNITED STATES, YOU ASSUME RESPONSIBILITY FOR COMPLIANCE WITH THE FOREGOING.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AWS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AWS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT, BUT ONLY TO THE EXTENT, APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
7. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). AWS and its licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government
is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR51.227-19 when applicable, or in subparagraph
(c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA
FAR Supplement. Contractor/manufacturer is AWS, Inc., 12410 Milestone Center Drive,
Suite 300, Germantown, Maryland 20876
9. THIRD-PARTY SOFTWARE. Installation and use of any plug-ins or other third-party software are subject to the terms and conditions of any licenses distributed with or relating to such plug-ins or third-party software.
10. WEATHERBUG PLUS subscription services (terms and conditions below) are free of third-party advertisements and include enhanced and customizable features that the advertising-supported version does not include.
ADVERTISING FREE-WEATHERBUG PLUS SUBSCRIPTION SERVICES. The software is provided for your use, as described above, advertising-free for an annual subscription fee.
PLEASE READ THE FOLLOWING WEATHERBUG PLUS SUBSCRIPTION POLICIES AND PROCEDURES CAREFULLY. BY SUBSCRIBING TO THIS PRODUCT AND/OR CLICKING ON "ACCEPT" BELOW, YOU ARE AGREEING TO THESE TERMS.
*If you have downloaded the product, a subscription charge of $19.95 for a 12-month subscription will be charged to Visa, MasterCard, or American Express. This fee includes an annual processing and billing fee of $3.75.
*Allow up to 24 hours after the subscription process is completed for WeatherBug Plus subscription services to become available.
Subscription Initiation/Personal Activation Code-
*Upon subscription and credit card verification new subscribers will receive an introductory email with a billing summary and Personal Activation Code. It will be necessary to reference the Personal Activation Code in all correspondence relating to WeatherBug Plus billing and technical issues.
*Personal Activation Codes are sent to subscribers of WeatherBug Plus. Subscribers may activate a WeatherBug Plus subscription on up to two computers using the Personal Activation Code that is sent in the introductory email. In both cases the subscriber must be the primary user of the computer.
*NOTE: Keep Personal Activation Codes secure from unauthorized access. Unauthorized use of Personal Activation Code will deactivate WeatherBug Plus features. To report fraudulent use, email us at firstname.lastname@example.org.
*WeatherBug Plus subscriptions that were initiated through a downloaded product will renew automatically on the anniversary of each 12-month subscription period. At renewal the subscriber's credit card that was originally used to order a subscription is charged for the next 12-month term. Disruption or termination of subscription services will occur if charges are not received due to a closed or invalid credit card. If for any reason subscriber's credit card is rejected subscriber may receive an email, requesting a valid credit card number to continue their WeatherBug Plus subscription.
Refund Policy and Procedures-
*30 Day Risk Free Policy-Within the first 30 days of any 12-month subscription period the subscriber may request, and will be granted, a refund for the entire WeatherBug Plus annual subscription fee of $19.95 (includes annual processing and billing fee of $3.75).
*Under no circumstances will refunds be granted for any prior 12-month subscription period or for the remainder of the days within the calendar month in which a refund is requested (unless requested in first 30 days of subscription). All refunds will be credited to the original credit card used when subscribing to WeatherBug Plus. To request a refund subscribers should email email@example.com and request a refund by including their Name, Address, Phone, Email, and Activation Code.
Credit Card Liability
*Paymentech administers WeatherBug Plus credit card authorization and charges. WeatherBug and/or AWS Convergence Technologies, Inc are not responsible for any unauthorized use of credit card information by Paymentech personnel.
11. AMENDMENT. AWS may, in its sole discretion, change, modify, add or remove portions of this license at any time. AWS may notify you of any such changes by posting notice of such changes on the WeatherBug website(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such modification. If you do not agree to any such modification, you must immediately stop using the Software and the Services.
12. MISCELLANEOUS. This Agreement represents the complete agreement concerning the subject matter hereto. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Maryland law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
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