WeatherBug® MARPLOT® Data Feed
Terms of Use for WeatherBug MARPLOT Data Feed Service
Thank you for using the WeatherBug MARPLOT Data Feed service. By using this service
("WeatherBug MARPLOT Data Feed") you agree to be bound by the following Terms of
Use (the "Terms of Use"), along with the general WeatherBug Terms of Service found
at http://www.weatherbug.com/aws/termsOfUse.html.
Commercial Use
This Data Feed is being provided as part of the MARPLOT application of the CAMEO
suite. MARPLOT is a GIS mapping tool, used in conjunction with ALOHA a plume modeling
application, both part of a suite of applications called CAMEO which was designed
by NOAA and the Environmental Protection Agency (EPA) for management of chemical/hazmat
disasters by first responders. This application suite is free to users.
WeatherBug is providing MARPLOT users, who register for installation, free use of
a data feed which includes wind speed and direction, temperature and humidity data.
Registration
You must register with WeatherBug to use the WeatherBug MARPLOT Data Feed using
the Web based registration form found at http://weather.weatherbug.com/weatherbug-professional/products/MARPLOT-Data-Feed.
Such registration must indicate your: (a) name, (b) company, (c) title, (d) state,
(e) business sector, (f) email address and, (f) your telephone number. Upon receiving
your registration form and verifying your information, WeatherBug will provide download
access to install the WeatherBug MARPLOT Data Feed onto your computer.
Legitimate uses only
You may only create a single account and 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
MARPLOT Data Feed accounts. And you may not use the WeatherBug MARPLOT Data Feed
service with an existing product or service that competes with products or services
offered by WeatherBug.
You may not use the WeatherBug MARPLOT Data Feed Service in any manner or for any
purpose that violates any law or regulation or proprietary rights, or in any manner
inconsistent with the WeatherBug Terms of Use. This includes laws and proprietary
rights in the United States as well as in other countries. You may not use the WeatherBug
MARPLOT Data Feed for radio, newspaper, broadcast television, or cable television
distribution.
You may not use the WeatherBug MARPLOT Data Feed in any application where human
life or property may be at stake. You understand that the WeatherBug MARPLOT Data
Feed is not designed for such purposes and that its 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 MARPLOT Data Feed or access thereto.
Your license to the WeatherBug MARPLOT Data Feed Service under these Terms of Use
continues until it is terminated by either party at any time for any reason. You
may terminate the license by discontinuing use of all or any of the WeatherBug MARPLOT
Data Feed. These Terms of Use terminate automatically if (i) you violate any term
of these Terms of Use, (ii) WeatherBug publicly posts a written notice of termination
on our web site, or (iii) or WeatherBug sends a written notice of termination to
you.
If you are interested in doing anything different than what is specifically permitted
in these Terms of Use, 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
MARPLOT Data Feed or ideas on how to improve it, please email govinfo@weatherbug.com.
Please note that by doing so, you also grant WeatherBug permission to use and incorporate
your ideas or comments into WeatherBug MARPLOT Data Feed without further compensation.
Intellectual Property
You agree not to remove, obscure, or alter WeatherBug's copyright notice, trademarks,
or other proprietary rights notices affixed to or contained within the WeatherBug
MARPLOT Data Feed. You also acknowledge that WeatherBug owns all right, title and
interest in and to the WeatherBug Data Feed, including without limitation all intellectual
property rights (the "WeatherBug Rights"). The WeatherBug Rights include rights
to the following: (1) the |Data Feed developed and provided by WeatherBug, (2) all
software associated with the WeatherBug Data Feed server, and (3) the data and images
you obtain when you use the WeatherBug MARPLOT Data Feed. If your work results in
WeatherBug data or images being made visible to others, such display must be accompanied
by a copyright notice, and a WeatherBug logo.
WeatherBug reserves the right to place reasonable access restrictions on the number
of requests that any one account can make to our servers. This limit is currently
10,000 requests per day. WeatherBug reserves the right to change this limit, at
any time, in its sole discretion.
Support
WeatherBug may elect to provide you with support or modifications for the WeatherBug
MARPLOT Data Feed (collectively, "Support"), in its sole discretion, and may terminate
such Support at any time without notice to you. WeatherBug may change, suspend,
or discontinue any aspect of the WeatherBug Data Feed at any time, including the
availability of the WeatherBug MARPLOT Data Feed. WeatherBug may also impose limits
on certain features and services or restrict your access to parts or all of the
WeatherBug MARPLOT Data Feed or the WeatherBug web site without notice or liability.
Disclaimer of warranties
The WeatherBug MARPLOT Data Feed service is provided "as is," with no warranties
whatsoever. WeatherBug expressly disclaims to the fullest extent permitted by law
all express, implied, and statutory warranties, including, without limitation, the
warranties of merchantability, fitness for a particular purpose, and non-infringement
of proprietary rights. WeatherBug disclaims any warranties regarding the security,
reliability, timeliness, availability, and performance of the WeatherBug MARPLOT
Data Feed.
You understand and agree that you use WeatherBug MARPLOT Data Feed at your own discretion
and risk and that you will be solely responsible for any damages to your computer
system or loss of data that results from the download or use of the WeatherBug MARPLOT
Data Feed.
Limitation of liability
The WeatherBug MARPLOT Data Feed service is being provided free of charge. Accordingly,
you agree that WeatherBug shall have no liability arising from or based on your
use of the WeatherBug MARPLOT Data Feed.
Under no circumstances shall WeatherBug be liable to any user on account of that
user's use or misuse of the WeatherBug MARPLOT Data Feed. 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
MARPLOT Data Feed, from inability to use the WeatherBug MARPLOT Data Feed, or from
the interruption, suspension, or termination of the WeatherBug MARPLOT Data Feed(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.
Some states or other jurisdictions do not allow the exclusion or limitation of liability
for incidental or consequential damages, so the above limitations and exclusions
may not apply to you.
Indemnification
You hereby agree to indemnify, defend and hold WeatherBug, and its officers, directors,
agents, licensors and licensees (collectively, the "Indemnified Parties") harmless
from and against any and all liability and costs incurred by the Indemnified Parties
in connection with any claim arising out of your use of WeatherBug MARPLOT Data
Feed, including, without limitation, reasonable attorneys' fees. You shall cooperate
as fully as reasonably required in the defense of any claim. WeatherBug reserves
the right, at its own expense, to assume the exclusive defense and control of any
matter subject to indemnification by you.
Other Agreements
The WeatherBug Data Feed service is designed to be used in conjunction with WeatherBug's
proprietary weather data. Accordingly, your use of WeatherBug Data Feed is also
defined by WeatherBug's Terms of Service and Privacy Policy. In the event of a conflict
between these Terms of Use and WeatherBug's Terms of Service, these Terms of Use
shall prevail.
General provisions
These Terms of Use 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 of Use 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 of Use to be unenforceable, the remainder
of these Terms of Use will continue in full force and effect. These Terms of Use
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 of Use will be effective only if in writing and signed
by WeatherBug. We reserve the right to amend these Terms of Use from time to time,
in our sole discretion.