Terms & Conditions 8 months ago
Terms and Conditions
PLEASE READ THE TERMS AND CONDITIONS SET FORTH IN THIS NOTICE (THE “T&C”) CAREFULLY BEFORE PROCEEDING TO USE THIS SITE. YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS T&C IS A CONDITION OF YOUR RIGHTS TO FURTHER ACCESS ANY AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH WEATHERBELL.COM WEB SITE.
We recommend keeping a copy of these Terms and Conditions and any licenses posted within or through this web site for your records, as they may change from time to time as added functions and services are incorporated into the site. Your rights to use of this Site and any Software, Data and/or Documentation are restricted rights that are governed by the End User License Agreement (the “EULA”) contained in this T&C, and include restrictions on use and/or transfer.
1. General. WeatherBELL Analytics ("WeatherBELL", “we,” “us,” or “our” as used from time to time) is the owner and operator of this site. By accessing, receiving, downloading, syncing, using, or possessing OR continuing to access, receive, download, sync, use or possess software, user interfaces, applications and associated media ("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") (collectively Software, Data and Documentation to be known as "Products" herein) submitting a registration form, or clicking the "I Agree" or "Continue" buttons when prompted and completing the registration form, Subscriber is entering into this Agreement with us. Subscriber acknowledges and agrees that the T&C governing this web site, the Privacy Statement, any applicable Subscription Terms and Provider Terms are valid and binding on Subscriber in all respects.
2. Fees. Some areas of the Site contain fee-based services, and are subject to additional Subscription Terms, and any Subscriber who uses those areas is bound, as well, to those additional Subscription Terms.
3. Use of Service. Subscriber agrees that the Site and its services are furnished and shall be used solely for Subscriber's personal, business or institutional use, and is subject to our Acceptable Use Policy. Subscriber shall not have the right to directly or indirectly transmit, broadcast, redistribute, forward or deliver the Products or services or any part of the data, information, images or other products which constitute the Site, Products and/or services to any other person or entity, in any format (including, but not limited to framing, deep liking or embedding), or by any means without express written permission. Subscriber may use the Site and its services for lawful purposes only. Subscriber may not used the Site or its services in any way which may violate or infringe our expressly reserved rights, the rights of our Providers, and the rights of third parties. Subscriber shall use the Site only in a manner which is consistent with these Terms and Conditions. Subscriber shall not disclose his or her password to any unauthorized person. Subscriber shall be fully responsible for maintaining confidentiality of account access information and for all charges made to Subscriber's account. WeatherBell Premium accounts with a "Personal Use" license shall be limited to four (4) simultaneous login sessions; accounts with a "Professional Use" license shall be limited to ten (10) simultaneous login sessions.
4. Permitted Uses. In addition to other restrictions in this T&C, Subscriber may download, view, copy and print Products incorporated in or accessed through this Site subject to the following specific restrictions: (1) the Products may be used solely for personal, informational, internal purposes and may not be re-distributed without our express written permission; (2) the Products may not be modified or altered in any way; 3) any copyright or other proprietary notices must appear on all copied Products; and 4) certain Products on this Site may be subject to further use, modification, copying and/or dissemination restrictions which shall override this general grant to use the Products (please see the Notice Specific To Products Available On This Website). Access to and copying/distribution of original user content (i.e. such as from chat rooms, message/bulletin boards, photo gallery, feedback forums, etc.) shall be controlled by restrictions imposed by the originator of the content or by the Acceptable Use Policy. We expressly reserve the right to refuse any materials for submission or upload by Subscriber or other users of this Site. Except as expressly provided in this T&C, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or redistribute any information or Products from this Site in whole or in part without our prior written permission. Requests to reprint or re-distribute Products and other materials accessed from this Website should be directed to the originator of the Products or materials. Maps, images and charts may be shared in moderation under the following conditions:
- The images may not be used for any commercial (revenue generating) purpose including, but not limited to, ad-supported websites or private consulting
- Any maps, images or charts from the ECMWF model must retain the ECMWF attribution native to the image (no cropping).
- Any images shared must be attributed to WeatherBell Analytics; images may not be re-branded with alternate logos or company names
- Images may not be cropped to remove the WeatherBell Analytics logo or any other identifying information
5. Intellectual Property. Information furnished by us to Subscriber can be utilized only for Subscriber's sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with us or our Providers. All Products, information, data, images, and other things comprising the Service are copyrighted by WeatherBELL, our Providers or the content originator, as the case may be. All such items remain the sole and exclusive property of such persons. Subscriber may not store for future use such information beyond the term hereof, nor develop a library of such information. Subscriber shall not copy materials on the Site. Subscriber shall not reverse engineer or break into the website and not use the website materials, Products or services to violate law, the Notice Specific to Products Available on this Website, our Privacy Statement, or the Acceptable Use Policy.
REGARDLESS OF ANY OTHER PROVISION IN THIS T&C, OUR TRADEMARKS AND THE WEATHERBELL ANALYTICS NAME SHALL NOT BE USED BY SUBSCRIBER IN ANY WAY, ESPECIALLY NOT AS A MEANS OF IDENTIFYING THE SOURCE OF THE SERVICE TO PUBLIC AUDIENCES OR CLIENTELE WITHOUT A SPECIFIC LICENSE TO DO SO FROM US.
6. Trademark Information. WEATHERBELL, WEATHERBELL.COM, WEATHERBELL ANALYTICS and other WeatherBELL product names, service names, slogans or logos referenced in this Site are trademarks or registered trademarks of WeatherBELL Analytics LLC. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks of their respective owners.
7. Copyright Information. All rights in the Site and any information presented in the Site are reserved. Original user content submitted by users or Providers to the Site or where expressly provided otherwise by us, 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. We will, in appropriate circumstances, terminate the accounts of Subscribers involved in disputes regarding intellectual property rights and remove or disable access to related content.
8. Access. Access to the Site is contingent upon Subscriber providing all equipment necessary to access the internet, Products and/or services offered by us. WeatherBELL.com, and use of our Products and services through the Site is usually available 24 hours a day, 7 days a week, however, we reserve the right to make the Site unavailable from time to time for any reason and at any time without prior notice. Subscriber agrees that we shall not be liable for any damages arising from any interruption, suspension or termination of the Site. The Products supplied by us are made available on an electronic site in New York, NY or other sites we shall designate ("Designated Site"). Subscriber's options as to which Products are available, and how to move Products from the Designated Site to Subscriber's location or Subscriber's desktop computers and/or wireless or other handheld or mobile devices ("Hardware"), and/or to issue appropriate electronic commands to accept the Products 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 Products and/or services selected by Subscriber and Subscriber's Hardware then in use. We make no guarantees that the Products and/or services selected by Subscriber will be operational with Subscriber's Hardware.
9. Acceptable Use Policy. You agree not to use the WeatherBELL Site, Products or services to:
· upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or without another's permission, hateful, or racially, ethnically or otherwise objectionable to any person for any reason, natural or corporate;
· harm minors in any way; impersonate any person or entity, including, but not limited to, an WeatherBELL official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
· upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing" or any other form of solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with WeatherBELL;
· upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· interfere with or disrupt WeatherBELL or servers or networks connected to WeatherBELL, or disobey any requirements, procedures, policies or regulations of networks connected to WeatherBELL, including crawling/scraping/harvesting and automated uses of WeatherBELL services;
· "stalk" or otherwise harass another; collect or store Personally Identifiable Information about other users;
· promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
· use your access or our-hosted site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the WeatherBELL Site, without our express written permission;
· use the Site to engage in commercial activities without enrolling in WeatherBELL-approved programs, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors, conducting raffles or contests that require any type of entry fee, displaying a sponsorship banner of any kind, displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites, use the Site to provide access to the Site for other persons through use of Subscriber's User Name and Password, or use any content from the Site for commercial purposes;
· tamper in any way with the Products or functionality of the Site, such as placing on the site material which contains any viruses, time bombs, trojan horses, worms, Easter eggs, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information, or utilize bots, agents, auction crawlers and other computer-based crawling programs on the Site.
· upload, post or otherwise transmit any falsified, composite, or otherwise non-authentic depictions of events, entities or persons (spoofs);
· upload, post or otherwise transmit any content from the Site beyond the WeatherBELL Site without our express written permission;
· upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
WEATHERBELL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED ON THE SITE BY SUBSCRIBERS OR OTHER USERS OF THE SITE.
10. Notice Specific To Products Available On This Website. Permission to use Products from this Site is granted, provided that (1) any resident copyright notices appear in all copies and that both the copyright notice and this permission notice appear, (2) use of such Products from this Site is for Subscriber use only and will not be copied or posted on any network computer or broadcast in any media absent an express written agreement with WeatherBELL, (3) the Products shall not be used on data outside of this Site absent an express written agreement with WeatherBELL and shall be in compliance with the End User License Agreement; (4) no unauthorized modifications of any Products are made; (5) to the extent modifications are made, a notice of modification including the subject matter of modification appear with the modified Products; and (6) any use of Provider Products is consistent with any applicable Provider Terms. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Subject to our Privacy Statement, or where expressly provided otherwise by us, all comments, feedback, information or materials submitted to us through or in association with this Site shall be considered non-confidential and our Property. By submitting such comments, feedback, information or materials to us, you agree to a fee-free assignment to WeatherBELL of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. We shall be free to use such comments, feedback, information or materials on an unrestricted basis. FOR YOUR CONVENIENCE, WE MAY MAKE AVAILABLE ON THIS SITE OR IN OUR PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. WE DO NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SITE OR IN OUR PRODUCTS.
11. Additional Products and Services. Certain services, in addition to those described in this Agreement, or as offered by WeatherBELL through other product licenses and/or service agreements, and others may be made available as part of, or through this Site, by Providers, or by WeatherBELL, and may be subject to terms and conditions in addition to those in this Agreement, which terms and conditions are available upon registering for or subscribing to the products and/or service(s) ("Provider Terms"). Any Provider Terms are in addition to these Terms and Conditions, and apply only to that Provider's service or content unless explicitly stated otherwise. Should an additional service be made available on this Site or from WeatherBELL without additional Provider Terms, these Terms and Conditions shall apply. TO THE EXTENT THAT OUR SERVICES ARE BEING MADE AVAILABLE THROUGH THIS SITE, THE PROVISIONS IN THESE TERMS AND CONDITIONS SHALL MODIFY OR AMEND ANY CONFLICTING TERMS IN OTHER WEATHERBELL AGREEMENTS. Additional Provider Terms for any products or services provided with WeatherBELL registration may be made available through the Site via hyperlinks and are applicable should you choose to use their products or services.
12. Specific WeatherBell Related Disclaimers. Subscriber acknowledges and understands the inherent lack of precise predictability of weather and climate conditions. We provide information on the Site, using the best tools available to us and our own professional expertise and we make every effort that we can to provide accurate and reliable information. Nevertheless, we do not and cannot make any express or implied warranties, guarantees or assertions that the weather information (including reports, forecasts and all other information) that we present will occur as stated or, in fact, has occurred.
We have no responsibility or liability to Subscriber or to anyone else for any inconsistency, inaccuracy or omission in any part of the information that is presented on the Site.
13. No Warranties/Limit of Liability. SUBSCRIBER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE PRODUCTS ARE PROVIDED BY WEATHERBELL ANALYTICS ON AN "AS IS" BASIS. WEATHERBELL ANALYTICS AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEATHERBELL ANALYTICS AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. WEATHERBELL ANALYTICS AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WEATHERBELL ANALYTICS OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF WEATHERBELL AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO USE OF THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY SUBSCRIBER TO WEATHERBELL ANALYTICS UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE 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 SUBSCRIBER. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
14. Indemnification. Subscriber hereby agrees that it will well and truly indemnify and save harmless WeatherBELL and its Providers from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which WeatherBELL or its Providers may sustain by reason of Subscriber's use of this Site, Subscriber's breach of any of the terms, covenants or conditions of these Terms and Conditions, or other claims against WeatherBELL arising from these Terms and Conditions.
15. Export Controls. This Site and the Products may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the U.S.A., and any amendment thereof. Subscriber acknowledges that no Products or other underlying information or technology accessed 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 inside the United States) without first complying strictly and fully with all export controls that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. If Subscriber has any questions regarding its obligations under the United States of America Export regulations, Licensee should contact the Bureau of Export Administration, United States Department of Commerce, Exporter Counseling Division, Washington, D.C., http://www.bxa.doc.gov/.
16. Third Party Sites and Providers. This site may link, redirect, connect, "frame", utilize plug-ins, integrate applications recognized automatically by the browser and otherwise direct you to without limitation, other sites, servers, third party internet data, software or service providers, software developers, internet storefronts, Internet Service Providers and mobile/wireless communications carriers, among others ("Providers"). To the extent applicable, these Terms and Conditions shall apply. In order to utilize some of the WeatherBELL Products and services you may have to use, accept, install and review information, data, executables, programs, software and other items from Providers that are not under the control of WeatherBELL. This may occur with or without your knowledge and although the visual representation on your screen may appear to be an WeatherBELL website, the information, data, executables, programs, software and other items may come from Providers and may not be under the control of WeatherBELL. You acknowledge that WeatherBELL is not responsible for the accuracy, copyright and other intellectual property compliance, legality, decency, or any other aspect of the content of such Providers. Your use of this Site and the products and services through these Providers is at your own risk. WeatherBELL is not responsible for webcasting or any other form of transmission received from any linked site, nor the failure of any services provided through mobile/wireless carriers, internet storefronts, or other Providers. WeatherBELL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WeatherBELL, nor has WeatherBELL independently authenticated products or materials provided by Providers.
18. Terms of Service. These Terms and Conditions are effective upon acceptance, and shall remain and continue until terminated. Neither this Agreement nor any rights or obligation hereunder may be assigned by Subscriber without our express written permission, and any purported transfer of rights shall oblige the transferee to these Terms and Conditions, and Subscriber's rights will be terminated. You may terminate these Terms and Conditions by destroying, removing or obliterating the Products and all copies thereof, and certifying as such to us. We may terminate your right to use the Site and its Products and services upon the breach by you of any provision contained in these Terms and Conditions, any applicable Provider Terms, Subscription Terms, the End User License Agreement, or the Privacy Statement governing this Site and downloaded Products. Upon such termination by us, you agree to certify the destruction, removal or obliteration of the Products and all copies thereof to WeatherBELL.
19. Notice. Posting of notice(s) on the Site by WeatherBELL shall constitute notice to Subscriber. Cancellation of WeatherBELL Premium services must only be performed via the Account page located at www.weatherbell.com/account/edit by clicking on the "Cancel Subscription" button. No credits or refunds are available for cancellation of services. Written notice shall be provided in the following manner: email notification to info@weatherBELL.com or facsimile notification at (212) 682-7060.
20. Choice of Laws / Jurisdiction. This Agreement is governed by the laws of the State of New York, with the exception of export control, infra, which is governed by US Federal law. Any dispute arising out of this Agreement or related thereto shall be subject to the jurisdiction of said Courts located within New York, and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by New York law.
21. Subscription Terms. Subscriber agrees to pay to us the fees stated or as specified from time to time for various fee-based Products and services available by or through WeatherBELL, and Subscribers are responsible for promptly paying for WeatherBELL Products and services. Failure to pay these fees in a timely manner will result in an interruption of fee-based Site Products and services and the functional inability to access the fee-based sections of the Site.
Charges will be calculated based upon the subscription package selected, and are applicable to the current version of the package selected. Upgrades related to Hardware changes or new releases may be subject to additional charges. "Lifetime" subscription packages relate only to the Products initially downloaded or accessed by the Subscriber, and do not extend to upgrades to the Products or different Hardware.
Failure of payment shall render due and payable all sums plus a late payment charge of one and one half percent per month. Fees may be prorated for portions of months. Use of the service beyond the free time or without proper authorization will result in charges to billing or credit card account. Fees and payment terms therefore are subject to change upon Notice by WeatherBELL to Subscriber.
Packages, once purchased, are nonrefundable, regardless of use or lack of use by Subscriber. Absolutely no credits or refunds are available for paid services, including, without limitation, mobile/wireless service packages. Once a charge has been processed to a Subscriber's credit card or wireless account, the Subscriber shall not request his or her credit card or mobile carrier company to reverse the charge or charge it back to us. If Subscriber has a legitimate basis to request a credit for a charge previously processed against his or her credit card account, he or she shall request a credit from us by written notice and resolve the issue directly with WeatherBELL. Any reversed charges which cause the credit card company to impose a charge back, refund, or credit cost against us shall be re-imposed by WeatherBELL upon Subscriber. Such costs may exceed the cost of the reversed item or charge back by many times.
22. Renewal Terms. Monthly subscription packages shall continue to renew monthly until proper termination notification is received from Subscriber.
23. LANGUAGE. TO THE EXTENT THIS AGREEMENT MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND THE OTHER LANGUAGE, THE ENGLISH VERSION SHALL CONTROL. THESE TERMS AND CONDITIONS MAY CHANGE PERIODICALLY, SO PLEASE CHECK BACK OFTEN. Prior versions of this document can be found here.
End User License Agreement
READ CAREFULLY THIS END USER LICENSE AGREEMENT (“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 WeatherBELL 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 WeatherBELL. 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 ("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 WeatherBELL Analytics LLC ("WeatherBELL") or third party providers that either contribute to the creation or operation of the Software, Data and Documentation, or enable access or use of same by Licensee, including but not limited to software and/or technology developers, internet storefronts, Internet Service Providers, third party vendors and/or clients or customers of WeatherBELL, 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 ("Licensee") acknowledge the validity of and agree to be and are hereby bound by the terms and conditions of this EULA, any supplemental terms and conditions posted on http://www.WeatherBELL.com governing use of Software, Hardware, Documentation and Data or otherwise agreed to in writing with WeatherBELL, 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 Licensee does not agree to the terms and conditions of this EULA, or the applicable Terms and Conditions, Subscription Terms, or Provider Terms, Licensee 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 accessed by Licensee. To the extent this EULA may be translated into a language other than English and there is a conflict of terms between English and other language, 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 WeatherBELL or its Providers, WeatherBELL grants to Licensee a personal, non-exclusive license to use one copy of the Software, Data and Documentation, only as authorized in this EULA, on one Hardware device at any given time, owned, leased, licensed or otherwise controlled by Licensee, and Licensee hereby acknowledges and agrees to the validity of this EULA, the Terms and Conditions, the Subscription Terms, and Provider Terms, as applicable, and agrees to be bound hereto. The Software, Data and Documentation will be in the form and format as determined by WeatherBELL 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. WeatherBELL expressly reserves the right to terminate this license grant without notice to Licensee.
2. Limitations. Licensee may only install, store, and use the Software, Data and/or Documentation on one Hardware device for personal use only. You may not use the Software, Data or Documentation on any other platform, including, but not limited to servers, except as expressly provided in this EULA. The sale and/or redistribution of the Software, Data and/or Documentation is expressly prohibited, unless agreed to in writing by WeatherBELL. Use other than described above may subject the Licensee to termination of this license and denial of access to WeatherBELL Products and services. Licensee 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 the Licensee, not sold, and only to Licensee and not any third party. Licensee may not use, or permit other individuals or entities to use, the Software, Data and Documentation except under the terms expressly listed in this EULA. Licensee may receive the Software, Data and/or Documentation in more than one 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. Licensee 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 in this EULA); (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 WeatherBELL; (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. Licensee acknowledges that We have the right to remove listings, restrict access, terminate and otherwise modify the Products and services provided by WeatherBELL 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. Licensee may not transfer this EULA without WeatherBELL's prior consent. If such consent is granted by WeatherBELL, Licensee 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 license does not grant Licensee 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 Licensee from time to time at WeatherBELL's sole discretion.
5. Access. The Software, Data and Documentation supplied by WeatherBELL is made available on an electronic site in New York, New York or other sites WeatherBELL 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). WeatherBELL 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 New York. 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 New York at the host site and at the location of the user.
6. Protection of Intellectual Property Rights. WeatherBELL Inc. retains all rights, title and interest, including rights of trademark and copyright in those things defined in this EULA as "Property of WeatherBELL." "Property of WeatherBELL" 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 trademark "WeatherBELL", any other trade names, trademarks, service names, symbols, identifiers, URL's, formats, designs, devices; or proprietary Products owned by WeatherBELL or as may be used to designate the Products and services furnished by WeatherBELL or used in connection with the Products and services by WeatherBELL or its Providers. The intellectual property rights of all Providers contributing to this website 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 WeatherBELL. Access codes and information furnished by WeatherBELL or its Providers to You are intended for Licensee's sole and exclusive use only and shall be considered Property of WeatherBELL and/or its Providers. When the Property of WeatherBELL 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 WeatherBELL or its Providers shall not be removed or defaced by Licensee. This EULA gives Licensee no rights to the Software, Data or Documentation other than as expressly provided in this EULA, and Licensee shall not claim any rights including without limitation, trademark or copyrights in any Software, Data or Documentation. All rights not specifically expressly granted in this EULA, including Federal and International Copyrights and Industrial Property rights, are reserved for the sole benefit of WeatherBELL or its Providers.
7. DISCLAIMERS. THE SOFTWARE, DATA AND DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OR TECHNICAL SUPPORT OF ANY KIND FROM WEATHERBELL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEATHERBELL 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.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF INITIAL DOWNLOAD OR INSTALLATION OF THE SOFTWARE, DATA AND/OR DOCUMENTATION OR ACCESS, DOWNLOAD, USE OR POSSESS SERVICES PROVIDED BY WEATHERBELL FOR OR ON BEHALF OF LICENSEE. This limited warranty is offered by WeatherBELL alone, and does not extend to any software code, data, information, content and the like that may be contributed to this website, the Software, Data or Documentation by Providers or unrelated third parties. THE ENTIRE RISK ARISING OUT OF THE ACCESS, RECEPTION, DOWNLOAD, SYNC, USE OR POSSESSION OF THE SOFTWARE, DATA AND DOCUMENTATION REMAINS WITH LICENSEE.
Without limiting the foregoing, it is further understood that WeatherBELL and its Providers are not responsible for Your use or misuse of the Software, Data and/or Documentation or the results from such use. WeatherBELL 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 LICENSEE 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, LICENSEE ACKNOWLEDGES THAT THE SOFTWARE, DATA AND/OR DOCUMENTATION MAY INCLUDE INACCURACIES AND LICENSEE WILL USE COMMON SENSE AND FOLLOW STANDARD SAFETY PRECAUTIONS IN CONNECTION WITH LICENSEE'S USE OF THE SOFTWARE, DATA OR DOCUMENTATION. LICENSEE IS ADVISED AND INFORMED THAT THE GOVERNMENT ISSUES OFFICIAL WATCHES, WARNINGS, ADVISORIES, BULLETINS AND OTHER COMMUNICATIONS. CUSTOMER SHOULD KEEP ADVISED OF SAME. LICENSEE AND 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 WEATHERBELL OR ITS PROVIDERS BE LIABLE TO LICENSEE 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. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF WEATHERBELL 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 LICENSEE TO WEATHERBELL UNDER THIS AGREEMENT, 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 LICENSEE. 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. Licensee agrees WeatherBELL would not be able to provide the Software, Data and/or Documentation to Licensee 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 or environmental damage ("High Risk Activities"). Accordingly, WeatherBELL and its Providers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
11. Events Beyond WeatherBELL Inc.'s Control. WeatherBELL 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 WeatherBELL, 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 WeatherBELL. The unavailability of Software, Data or Documentation from WeatherBELL's Providers shall not be considered a disruption of services and shall not affect the obligations of Licensee hereunder.
12. Governing Law & Jurisdiction. The parties agree to submit to the New York Courts only, for any dispute arising out of this Agreement or related thereto, and consent to the jurisdiction of said Courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by New York law and this paragraph shall supersede any conflicting choice of law rules. The parties expressly stipulate that the 1980 Convention on Contracts for the International Sale of Goods shall not apply, nor shall the Uniform Computer Information Transactions Act.
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. Licensee hereby indemnifies and agrees to hold WeatherBELL 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) harmless from and against any and all claims, demands and actions, and any liabilities, damages or expense resulting therefrom including court costs and reasonable attorney's fees, arising out of or in connection with any breach of this EULA or any act or omission on the Licensee's part relating to the use or possession by Licensee of Software, Data or Documentation.
15. Export Restrictions. Licensee acknowledges that the Software, Data, Documentation and other underlying information or technology licensed hereunder is subject to the export control laws and regulations of the U.S.A., and any amendment thereof. Licensee acknowledges 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 that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. If Licensee has any questions regarding its obligations under the United States of America Export regulations, Licensee should contact the Bureau of Export Administration, United States Department of Commerce, Exporter Counseling Division, Washington, D.C., http://www.bxa.doc.gov/.
16. US Government Restricted Rights. The Software, Data, and Documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. 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 WeatherBELL Analytic LLC, 555 5th Ave. 17th Floor, New York, NY, or others, as indicated on this site. These restrictions change from time to time.
17. 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.
18. Assignment. Neither this Agreement nor any rights or obligations of Licensee hereunder may be assigned or delegated by Licensee, to any other person or entity without the prior express written consent of WeatherBELL.
19. 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 Licensee fails 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 WeatherBELL to effectuate such termination. On termination, Licensee must promptly destroy any and all copies of the Software, Data and/or Documentation, and Licensee may terminate this EULA by destroying, removing or obliterating the Software, Data or Documentation and all copies thereof, and certifying as such to WeatherBELL. In the event of any termination by WeatherBELL pursuant to this EULA, Licensee shall not be entitled to any refund of pre-paid subscription fees.
20. Entire Agreement. This Agreement represents the entire agreement of the parties hereto related to the subject matter hereof and any prior agreements, promises, negotiations, or representations, whether oral or written, not expressly set forth in this EULA are of no force and effect. WeatherBELL may modify this EULA at any time by posting a new EULA on this site, with or without notice to You. You are advised to check this site frequently for updates to this EULA, and any applicable Terms and Conditions, Subscription Terms, or Provider Terms. Questions regarding these terms may be submitted in writing to WeatherBELL, Analytics, LLC, Attention: Contracts Administrator - 17th Floor, 555 Fifth Ave, New York, NY 10017.