Weatherology.com™ End User License Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING WEATHEROLOGY.COM, THE RELATED WEBSITES AND/OR MOBILE APPLICATIONS (COLLECTIVELY, THE "SITE" YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SITE AND ANY MATERIALS CONTAINED THEREIN IS A CONDITION OF YOUR RIGHTS TO FURTHER ACCESS ANY AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
READ CAREFULLY THIS END USER LICENSE AGREEMENT (the “Agreement” or “EULA”) before accessing, receiving, downloading, syncing, using, or possessing OR continuing to access, receive, download, sync, use or possess Software, Documentation or Data. The Grant of License contains LIMITATIONS and RESTRICTIONS on your right to access and/or use the Software, Data, and associated Documentation by or on behalf of Weatherology Mobile, LLC, a Minnesota limited liability company, and/or its affiliates or subsidiaries ("Weatherology"®), and its Third Party Providers (each as defined below). You will not be entitled to any refund of pre-paid Subscription fees for early Termination of this Agreement. If you do not agree to these terms, please do not click "Accept" or "Continue" or access the software or register for Products or services with Weatherology. IT IS RECOMMENDED THAT YOU DOWNLOAD AND KEEP A COPY OF THIS LICENSE FOR YOUR RECORDS. This document can be viewed in its entirety here.
The Products and/or services you have accessed and/or requested include software, user interfaces, applications and associated media (collectively "Software") for use with desktop computers, via the Internet, and/or via wireless or other handheld or mobile devices ("Hardware"), printed, online and electronic materials associated therewith ("Documentation") and data, materials, and content ("Data") provided by or on behalf of Weatherology or third party providers that either contribute to the creation or operation of the Software, Data and Documentation, or enable access or use of the same by you, including but not limited to software and/or technology developers, internet storefronts, Internet Service Providers, third party vendors and/or clients or customers of Weatherology, and mobile/wireless communications carriers (collectively "Providers"). By accessing, receiving, downloading, syncing, using or possessing or continuing to access, receive, download, sync, use or possess the Software, Documentation, and/or any Data, you acknowledge the validity of and agree to be and are hereby bound by the terms and conditions of this EULA and any supplemental terms and conditions posted on the Site governing use of Software, Hardware, Documentation and Data or otherwise as agreed to in writing with Weatherology, any applicable subscription terms and conditions relating to the Software, Data and Documentation ("Subscription Terms"), as well as any applicable Provider terms and conditions ("Provider Terms"). If you do not agree to the terms and conditions of this EULA, or the applicable Terms and Conditions, Subscription Terms, or Provider Terms, you should not access, receive, download, sync, use or possess the Software, Data and/or Documentation and must immediately destroy any and all copies of the Software, Data and/or Documentation you have accessed. To the extent this EULA may be translated into a language other than English and there is a conflict of terms between the English and other language translations, the English version shall control.
1. Grant of License. By clicking yes to accept these terms, acknowledging these terms upon initial access of the Software, or upon registering for Products and services associated with the Software, Data, Documentation or Hardware with Weatherology or its Providers, Weatherology grants to you a personal, limited, revocable, non-exclusive license to use one (1) copy of the Software, Data and Documentation, only as authorized in this EULA, on one (1) Hardware device at any given time, owned, leased, licensed or otherwise controlled by you, and you hereby acknowledge and agree to the validity of this EULA, the Terms and Conditions, the Subscription Terms, and Provider Terms, as applicable, and agree to be bound hereto. The Software, Data and Documentation will be in the form and format as determined by Weatherology in its sole discretion from time to time, and such form and format may limit or restrict the use of the Software, Data or Documentation to certain types of Hardware devices at the exclusion of others, and may have additional licensing terms restricting their use thereto. The Software, Data and Documentation is "in use" on Hardware when it is loaded into temporary memory or installed into permanent memory of that Hardware. Weatherology expressly reserves the right to terminate this license grant without notice to you at any time as deemed necessary by Weatherology in its sole discretion.
2. Limitations. You may only install, store, and use the Software, Data and/or Documentation on one (1) Hardware device for personal, non-commercial purposes only. You may not use the Software, Data or Documentation on any other platform, including, but not limited to servers, except as expressly provided herein. The sale and/or redistribution of the Software, Data and/or Documentation is expressly prohibited, unless agreed to in writing by Weatherology; use other than described above may subject you to termination of this EULA and the denial of access to Weatherology Products and services. You may not remove any proprietary notices that appear in connection with the Software, Data or Documentation, and may not modify the Software, Data or Documentation in any way. Any copies made of the Software, Data and/or Documentation must be restricted to back-up, archival purposes, provided such copy contains all of the original proprietary notices provided with or otherwise relating to such Software, Data and Documentation.
3. Restrictions. The Software, Data and/or Documentation is licensed to you, not sold, and only to you and not to any third party. You may not use or permit other individuals or entities to use the Software, Data and Documentation except under the terms expressly listed herein. You may receive the Software, Data and/or Documentation in more than one (1) medium. Regardless of the type or size of medium you receive, the Software may be in use on only one medium that is appropriate for your single Hardware device at any given time. This EULA and the Software, Data and/or Documentation may not be shared with other users or used concurrently on different Hardware devices. Without limiting the foregoing, but by way of explanation, some Software is compatible with mobile devices that have limited memory for large file or application storage purposes. With respect to Software intended for use with a mobile or handheld Hardware device with limited memory for storage (i.e. iPhone®, Android®, etc.), you may install and/or access the Software, Data and/or Documentation on one Hardware device (i.e. mobile handheld device), and backup the Software, Data and/or Documentation on a second Hardware device (i.e. desktop computer), so long as the Software, Data and Documentation is in use on only one Hardware device at any given time by you and you alone, and the second Hardware device is for storage or back-up purposes only. You shall not personally, nor permit any other individual or entity to: (a) use the Software, Data and Documentation for service bureau, time-sharing, enterprise, concurrent use or other similar purposes; (b) use the Software, Data and Documentation following expiration or termination of any applicable subscription period; (c) modify, translate, reverse engineer, decompile, disassemble or otherwise reduce the Software and Data to human-readable form nor create derivative works based upon the Software, Data or Documentation or any part thereof; (d) copy the Software, Data and Documentation (except as permitted herein); (e) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to or copies of the Software, Data and Documentation; (f) make, distribute, transfer or push copies of the Software, Data or Documentation from one Hardware Device or medium to another over a network without a specific license from Weatherology; (g) export or re-export, directly or indirectly, the Software, Data and/or Documentation into any country prohibited by the United States Export Administration Regulations; and (h) remove any proprietary notices or labels on or relating to the Software, Data and Documentation. You acknowledge that Weatherology has the right to remove listings, restrict access, terminate and otherwise modify the Products and services provided by Weatherology for any reason, including but not limited to a breach of any of the terms of this EULA or any applicable Terms and Conditions, Subscription Terms or Provider Terms. You may not transfer this EULA without Weatherology's prior consent. If such consent is granted by Weatherology, You must transfer all Software, Data and Documentation to such end user, and may not retain any copies. The recipient of such transfer must agree to all terms and conditions of this EULA. Any purported sublicense, assignment, transfer or encumbrance shall be void.
4. Enhancements and Updates. This EULA does not grant you any right to any enhancement or update of the Software and Data and any other licensed material contemplated by this Agreement, although such items may be made available to you from time to time at Weatherology's sole discretion.
5. Access. The Software, Data and Documentation supplied by Weatherology is made available on an electronic site in St. Paul, Minnesota or other sites Weatherology shall designate ("Designated Site"). Your options as to which Software, Data and/or Documentation are available to you and how to move the Software, Data and/or Documentation from the Designated Site to your location and/or to issue appropriate electronic commands to accept the Software, Data or Documentation at the Designated Site and move such items to an authorized location or to pass on authorized users to the Designated Site are limited by the type or format of the Software, Data or Documentation selected by you, and your Hardware Device(s). Weatherology makes no guarantees that the Software, Data and/or Documentation selected by you will be operable with your Hardware Device(s). For the purposes of determining situs with regard to taxation, jurisdiction or other issues, it is agreed that the situs of the Software, Data and Documentation receipt and transfer is in the State of Minnesota. A trademark or copyright or copyrightable work contained within the items downloaded or accessed is considered a use or publication of the trademark or copyright in both the location in which it has been accessed in Minnesota at the host site and at the location of the user.
6. Protection of Intellectual Property Rights. Weatherology retains all rights, title and interest, including rights of trademark and copyright, in those things defined herein as "Property of Weatherology." "Property of Weatherology" is hereby defined to include all rights, title and interest in the Software, Data and Documentation (subject to any underlying Provider rights therein), plus any reports, forecasts, graphics, data, demographic and user information, equipment and information furnished pursuant hereto, the trademarks Weatherology®, Weather Eye Radio Network®, Weather Eye®, WeatherEye® and Weatherology Mobile™, any other trade names, trademarks, service names, symbols, identifiers, URL's, derivatives, formats, designs, devices; or proprietary Products owned by Weatherology or as may be used to designate the Products and services furnished by Weatherology or used in connection with the Products and services by Weatherology or its Providers. The intellectual property rights of all Providers contributing to this Site and the Software, Data and/or Documentation hereto shall remain with the respective Providers, including, without limitation, certain applications, software, features, enhancements and modifications made thereto by the Providers on behalf of Weatherology. Access codes and information furnished by Weatherology or its Providers to you are intended for your sole and exclusive use only and shall be considered Property of Weatherology and/or its Providers. When the Property of Weatherology or its Providers is displayed or used in publications of any kind or through any media, all proprietary notices and/or additional licenses or terms included with the Property of Weatherology or its Providers shall not be removed or defaced by you. This EULA gives you no rights to the Software, Data or Documentation other than as expressly provided herein, and you shall not claim any rights including without limitation, trademark or copyrights in any Software, Data or Documentation. All rights not specifically expressly granted herein, including Federal and International Copyrights and intellectual property rights, are reserved for the sole benefit of Weatherology or its Providers.
7. Disclaimers. THE SOFTWARE, DATA AND DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OR TECHNICAL SUPPORT OF ANY KIND FROM WEATHEROLOGY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEATHEROLOGY AND ITS AFFILIATES expressly disclaim any and all representations and warranties, express or implied, arising by law or otherwise, regarding the Software, Data, Documentation, or any other Products and services contemplated by this EULA, including without limitation any express or implied warranty of merchantability, express or implied warranty of fitness for a particular purpose, non-infringement, quality, accuracy, completeness, effectiveness, reliability, usefulness, that the Software, Data and/or Documentation will be error-free, or implied warranties arising from course of dealing or course of performance.
Without limiting the foregoing, it is further understood that Weatherology and its Providers are not responsible for your use or misuse of the Software, Data and/or Documentation or the results from such use. Weatherology and its Providers make no express or implied warranties, guarantees or affirmations that weather information will occur or has occurred as the reports, forecasts, data, or information state, represent or depict and it shall have no responsibility or liability whatsoever to you or any other person or entity, parties and non-parties alike, for any inconsistency, inaccuracy, or omission for weather or events predicted or depicted, reported, occurring or occurred. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE, DATA AND/OR DOCUMENTATION MAY INCLUDE INACCURACIES AND YOU WILL USE COMMON SENSE AND FOLLOW STANDARD SAFETY PRECAUTIONS IN CONNECTION WITH YOUR USE OF THE SOFTWARE, DATA OR DOCUMENTATION. YOU ARE ADVISED AND INFORMED THAT THE NATIONAL WEATHER SERVICE ISSUES ALL OFFICIAL WEATHER WATCHES, WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. YOU SHOULD KEEP ADVISED OF SAME. YOU AND ANY THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ACTION OR LACK OF ACTION TAKEN TO PRESERVE LIFE OR PROPERTY.
8. Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEATHEROLOGY OR ITS PROVIDORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, AND/OR LOSS OF PROFITS ARISING OUT OF, OR RELATED TO, IN ANY MANNER, THIS EULA, OR THE DELIVERY, PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS, OR USE OF THE SOFTWARE, DATA OR DOCUMENTATION HEREUNDER REGARDLESS OF THE FORESEEABILITY THEREOF.
9. Limitation of Liability. THE TOTAL LIABILITY OF WEATHEROLOGY AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY YOU TO WEATHEROLOGY UNDER THIS EULA AND ANY APPLICABLE Terms and Conditions, Subscription Terms, OR PROVIDER TERMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies, and limited liability set in this EULA are fundamental elements of the basis of the EULA, Terms and Conditions, Subscription Terms, and Provider Terms. You agree that Weatherology would not be able to provide the Software, Data and/or Documentation to You on an economic basis without such limitations.
10. High Risk Activities. The Software, Data and Documentation is not fault tolerant and is not designed, manufactured or intended for use or resale as 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, Data or Documentation could lead directly to death, personal injury or severe physical, property or environmental damage ("High Risk Activities"). Accordingly, Weatherology and its Providers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
11. Events beyond Weatherology's Control. Weatherology shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of third party transmission intermediaries to perform, continue or renew their contractual arrangements with Weatherology, nor inability to perform occasioned by such or by labor strife, war, riot, terrorism, natural disasters, severe weather or other events beyond the control of Weatherology. The unavailability of Software, Data or Documentation from Weatherology or its Providers shall not be considered a disruption of services and shall not affect the obligations of You hereunder.
12. Governing Law & Jurisdiction. This Agreement is governed by the laws of the State of Minnesota, with the exception of export control or other matters of federal question that are governed by the laws of the United States of America. Any dispute arising out of this Agreement or related thereto shall be subject to the jurisdiction of the state or federal courts, as applicable, located in Minneapolis, Minnesota.
13. Severability. In the event any term of this Agreement is found by any Court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though such term were absent upon the date of its execution as long as a party's rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
14. Indemnity. You hereby agree to indemnify, defend and hold harmless Weatherology and its parents, subsidiaries, affiliates, and Providers (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) from and against any and all claims, demands and actions, and any liabilities, damages or expenses resulting therefrom including court costs and reasonable attorneys’ fees, arising out of or in connection with any breach of this EULA or any act or omission on your part relating to the use or possession by you of Software, Data or Documentation.
15. Export Restrictions and Compliance with Laws. You acknowledge that the Software, Data, Documentation and other underlying information or technology licensed hereunder is subject to the export control laws and regulations of the United States of America and any amendments thereof. You acknowledge that no Software, Data, Documentation or other underlying information or technology licensed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation outside the United States) without first complying strictly and fully with all export controls and other applicable laws that may be imposed by the United States or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. You acknowledge that some countries may have export controls, meteorological usage, import and export laws or other laws or regulations which prohibit or otherwise restrict the export to and/or use of the Software, Data, Documentation or other underlying information or technology. Determination of the applicable law and compliance therewith is your sole obligation and responsibility. For any use contrary to law, you hereby agree to indemnify and hold harmless Weatherology from any responsibility or liability in connection therewith. If you have any questions regarding your obligations under the United States of America Export Regulations, you should contact legal counsel of your choosing.
16. United States Government Restricted Rights. The Software, Data, and Documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the United States government is subject to restrictions set forth in this EULA, the Terms and Conditions, the Subscription Terms, the Provider Terms, and as otherwise set forth in DFARS 227.7202-1(a) and 227.7202-3(a), DFARS 252.227-7013, FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, or subparagraphs (c)(1) and (2) of 48 CFR 52.227-19, or successor provisions, as applicable. Contractor/Manufacturer is Weatherology Mobile, LLC, PO BOX 25255, Woodbury, Minnesota 55125, or others, as indicated on this Site. These restrictions change from time to time.
17. Copyright Information. Copyright © 2018, Weatherology Mobile, LLC. All rights reserved. Original user content submitted by users or Providers to the Site or where expressly provided otherwise by Weatherology is proprietary to the submitting users and/or Providers, is protected by copyright law and is subject to the usage restrictions separately set forth in the Notice Specific to Products Available on this Website.
Notification of Copyright Infringement:
Weatherology will, in appropriate circumstances, terminate the accounts of Subscribers involved in disputes regarding intellectual property rights and remove or disable access to related content. If you believe that this Site contains infringing or disputed intellectual property, or that work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide Weatherology's Copyright Agent a Notice of Infringing Material(s) ("Notice") containing the following elements:
1. A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed.
2. A description of the copyrighted work or works that the copyright owner or agent claims have been infringed and a reasonable identification of the material(s) the copyright owner claims is infringing the copyrighted work(s) and is requesting to be removed or access be disabled.
3. A description of where the alleged infringing material(s) is located on the Site (include a URL if possible).
4. Sufficient contact information regarding the copyright owner or agent, such as physical address, e-mail address, website, telephone number and fax number.
5. A statement by the copyright owner or agent that he/she has a good faith belief that the use of the material(s) identified in the Notice is not authorized by the copyright owner, its agent, or the law.
6. A statement by the copyright owner or agent that the information in the Notice is accurate and, under penalty of perjury, that the complainant is the copyright owner or an authorized agent to act on behalf of the copyright owner.
Weatherology's Copyright Agent for Notices of Infringing Materials can be reached as follows:
Attn: Copyright Agent
Weatherology Mobile, LLC
PO BOX 25255
Woodbury, MN 55125
By E-mail: firstname.lastname@example.org
18. Waiver. Any waiver hereunder must be made in writing, and failure at any time to require the other party's performance of any obligation under this Agreement will not affect the right subsequently to require performance of the obligation.
19. Assignment. Neither this Agreement nor any of your rights or obligations hereunder may be assigned or delegated by you to any other person or entity without the prior express written consent of Weatherology.
20. Term and Termination. This EULA is effective upon your acceptance of these Terms and Conditions and shall continue until terminated. This Agreement shall terminate automatically if you fail to comply with this EULA and/or any applicable Terms and Conditions, Subscription Terms, or Provider Terms, or if payment is delayed or denied processing due to insufficient funds to cover the subscription fees when due, if any. No notice shall be required from Weatherology to effectuate such termination. On termination, you must promptly destroy any and all copies of the Software, Data and/or Documentation, and you may terminate this EULA by destroying, removing or obliterating the Software, Data or Documentation and all copies thereof, and certifying as such to Weatherology in whatever form or format requested by Weatherology in its sole discretion. In the event of any termination by Weatherology pursuant to this EULA, you shall not be entitled to any refund of pre-paid subscription fees.
21. Parental Control Protections. We have the legal obligation to advise you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Last Modified: May, 2018