Cowlesville, NY 14037
AWS Convergence Technologies, Inc.
WEATHERBUG WEB WIDGET USER LICENSE AGREEMENT
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Restrictions on Use. The WeatherBug service is made available to you free of charge. You must provide accurate identification, contact, and other information required as part of the registration process. You may not create any script or other automated tool that attempts to create multiple WeatherBug Web Widget service accounts.
You may not use the WeatherBug Service in any application where human life or property may be at stake. You understand that the WeatherBug Web Widgets are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which WeatherBug is not responsible. In addition, you may not sell, lease, or sublicense the WeatherBug Web Widgets or access thereto or derive income from the re-distribution of the WeatherBug Web Widgets, whether for direct commercial or monetary gain or otherwise, without WeatherBug's prior, express, written permission.
If you are interested in doing anything different than the foregoing, you must first obtain WeatherBug's written consent. If you fail to do so, WeatherBug reserves the right to take legal action.
If you have questions on your contemplated use or if you have comments on WeatherBug Web Widgets or ideas on how to improve it, please email firstname.lastname@example.org. Please note that by doing so, you also grant WeatherBug permission to use and incorporate your ideas or comments into WeatherBug Web Widgets without further compensation.
The service contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the service are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of WeatherBug and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
The foregoing provisions of Section 3 are for the benefit of WeatherBug, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranty; Limitation of Liability .
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER WEATHERBUG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT WEATHERBUG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
UNDER NO CIRCUMSTANCES SHALL WEATHERBUG BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF WEATHERBUG WEB WIDGETS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WEATHERBUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEATHERBUG WEB WIDGETS, FROM INABILITY TO USE WEATHERBUG WEB WIDGETS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEATHERBUG WEB WIDGETS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Monitoring. WeatherBug shall have the right in its sole discretion to disable the Service if, in its discretion, it believes that the Web Widgets or other WeatherBug content is being displayed in an inappropriate manner.
Indemnification. You agree to defend, indemnify and hold harmless WeatherBug and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the service.
Trademarks. WeatherBug logos are trademarks of AWS Convergence Technologies, Inc. All rights reserved. All other trademarks appearing on the service are the property of their respective owners.
Viruses. WeatherBug also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of the Service or your downloading of any materials, data, text, images, video, or audio from the Service.
Export Control. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. WeatherBug does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
Changed Terms. WeatherBug has the right at any time to change or modify the terms and conditions applicable to use of the service, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the service, or by electronic or conventional mail, or by any other means. Any use of the service by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
General Provisions. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Maryland , without giving effect to the conflict of laws or provisions of Maryland or your actual state or country of residence. Any dispute arising from these Terms and Conditions shall be adjudicated in the federal or state courts located in Montgomery County , Maryland . If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by WeatherBug.
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