READ CAREFULLY THIS END USER LICENSE AGREEMENT 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 AccuWeather 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 End User License Agreement (“EULA”). 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 AccuWeather. IT IS RECOMMENDED THAT YOU DOWNLOAD AND KEEP A COPY OF THIS LICENSE FOR YOUR RECORDS. 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 AccuWeather, Inc. ("AccuWeather") 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 AccuWeather, 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 and agree to comply with the terms and conditions of this EULA, the Privacy Statement referenced herein which can be found at http://www.accuweather.com/en/privacy, any applicable subscription terms and conditions relating to the Software, Data and Documentation ("Subscription Terms"), any applicable Provider terms and conditions ("Provider Terms") and any supplemental terms and conditions or policies posted on http://www.accuweather.com governing use of Software, Hardware, Documentation and/or Data or otherwise agreed to in writing with AccuWeather. The EULA, Privacy Statement, any applicable Subscription Terms, any applicable Provider Terms and any applicable supplemental terms and conditions or policies are collectively referred to herein as the “Terms and Conditions”. If Licensee does not agree to the terms and conditions of this EULA, the Privacy Statement, Subscription Terms, Provider Terms or any other applicable Terms and Conditions, 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 or any other applicable Terms and Conditions 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.
PRIVACY. AccuWeather is committed to safeguarding your privacy online and has established a Privacy Statement to explain to users how their information is collected and used. This Privacy Statement is located at the following web address: http://www.accuweather.com/en/privacy. Your use of AccuWeather’s website or any of AccuWeather’s products, services, data, materials or content signifies your acknowledgement of, and agreement to, our Privacy Statement. AccuWeather may update its Privacy Statement from time to time by posting a new Privacy Statement in the English language on its website and you will be subject to the terms of any such update(s). Please check our Privacy Statement for updates on a regular basis.
PLEASE NOTE THAT THE TERMS AND CONDITIONS SET FORTH HEREIN SHALL APPLY TO YOU WHETHER YOU ACCESS THE SITE DIRECTLY, WHETHER THE
SITE IS MADE AVAILABLE TO YOU BY A THIRD PARTY OR WHETHER YOU ACCESS THE SITE BY ANY OTHER MEANS. SUCH TERMS AND CONDITIONS SHALL
TAKE PRECEDENCE OVER ANY CONFLICTING TERMS PUBLISHED BY A THIRD PARTY THAT YOU MAY HAVE ACCEPTED (OR IN THE FUTURE BE REQUIRED TO ACCEPT)
IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE OR ANY CONTENT OR MATERIAL CONTAINED ON THE SITE.
PLEASE ALSO NOTE THAT THE TERMS AND CONDITIONS SET FORTH HEREIN SHALL GOVERN YOUR USE OF THE ACCUWEATHER "TEAM OR@NGE" WEBSITE
AND ANY ACCUWEATHER OR THIRD PARTY APPLICATION WHICH MAY BE USED TO ACCESS YOUR TEAM OR@NGE ACCOUNT OR UTILIZE ANY FEATURES OR
FUNCTIONALITY OF TEAM OR@NGE, REGARDLESS OF WHETHER THESE TERMS AND CONDITIONS ARE PRESENTED TO YOU AT THE TIME YOU DOWNLOAD OR
ACCESS YOUR ACCOUNT THROUGH SUCH APPLICATION.
1. GRANT OF LICENSE. By clicking yes to accept these terms, acknowledging these terms upon initial access of the Software, Data or Documentation, or upon registering for Products and services associated with the Software, Data, Documentation or Hardware with AccuWeather or its Providers, AccuWeather 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 Privacy Statement, Subscription Terms, Provider Terms and all other applicable Terms and Conditions, and agrees to be bound hereto and thereby. The Software, Data and Documentation will be in the form and format as determined by AccuWeather 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. AccuWeather expressly reserves the right to terminate this license grant without notice to Licensee.
The Software, Data and Documentation are available only to individuals age 18 and older. Licensee represents that he/she is at least 18 years of age and has the capacity to create a binding legal obligation with AccuWeather.
2. LIMITATIONS. Licensee may only install, store, and use the Software, Data and/or Documentation on one 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 AccuWeather. Use other than described above may subject the Licensee to termination of this license and denial of access to AccuWeather 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 herein. 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. With respect to Software intended for use with a mobile or handheld Hardware device with limited memory for storage (i.e. Blackberry®, cell phone, Palm®, 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. 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 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 AccuWeather; (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 AccuWeather has the right to remove listings, restrict access, terminate and otherwise modify the Products and services provided by AccuWeather for any reason, including but not limited to a breach of this EULA or any other applicable Terms and Conditions. Licensee may not transfer this EULA without AccuWeather's prior consent. If such consent is granted by AccuWeather, 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 and all other applicable Terms and Conditions. Any purported sublicense, assignment, transfer or encumbrance shall be void.
4. ACCEPTABLE USE POLICY. You agree not to use the Software, Data, Documentation or any product or service of AccuWeather 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 AccuWeather 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 falsified, composite, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons (spoofs);
* 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);
* upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
* upload, post or otherwise transmit any content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
* 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 AccuWeather;
* 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 AccuWeather or servers or networks connected to AccuWeather, or disobey any requirements, procedures, policies or regulations of networks connected to AccuWeather;
* "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 AccuWeather-hosted site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the AccuWeather site, without express written permission from AccuWeather;
* use the Software, Data, Documentation or other products or services of AccuWeather to engage in commercial activities without enrolling in AccuWeather-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 Software, Data, Documentation or other products or services of AccuWeather to provide access to the Software, Data, Documentation or other products or services of AccuWeather for other persons through use of your User Name and Password;
* 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.
ACCUWEATHER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED ON THE SITE BY SUBSCRIBERS OR OTHER USERS OF THE SITE.
• Subject to the Terms and Conditions set forth herein, you may be able to submit suggestions or questions, photos, pictures, images, sound, or videos, or other information (collectively, "Submissions") to AccuWeather through an AccuWeather product or service (or a third party website, feature or service that is accessible through such AccuWeather product or service), so long as the Submission is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam or otherwise violate the Acceptable Use Policy set forth in Section 4 in any way. You may be required to register and/or to provide information about yourself to AccuWeather or a Provider in order to provide a Submission. Use of any information you provide will be in accordance with AccuWeather’s Privacy Statement. You must ensure that the information you provide as part of the registration or upload process is complete and accurate at all times. You may not use a false email address, impersonate any other individual or entity, or otherwise mislead us as to the origin of a Submission. In the event that you need to make any updates or changes to the information you provide when you register or upload a Submission, please contact us at email@example.com.
• The pages or screens that you interact with when you make your Submission to AccuWeather may be hosted by a third party Provider who specializes in providing such functionality, even though such pages or screens may appear to be part of the AccuWeather product or service you are using. AccuWeather may use such third party Provider’s platform to host and manage your Submission(s).
• If you do make a Submission, and unless we indicate otherwise, you grant AccuWeather and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, transferrable and fully sub-licensable right to use, reproduce, host, cache, store, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display the Submission throughout the world in any media (e.g., websites, applications, television, etc.) for any purpose. You also grant us the right (but we shall have no obligation) to use the name, email address and/or user ID (if applicable) under which you posted the Submission, if we choose. You agree to confirm the above licenses in writing upon our request. You acknowledge and agree that you will not be compensated in any way for your Submission(s).
• You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post; that you have all necessary rights, licenses and authority to submit your Submissions and to grant AccuWeather and its affiliates the rights and license specified herein; that such Submissions do not infringe, misappropriate or violate the rights of any third party including, but not limited to, copyright, trademark, or other intellectual property rights, rights of publicity or privacy or defamation, moral rights, or portrayal in a false light; that the Submissions are not the subject of any threatened or pending litigation, claim or dispute; that the Submissions are complete and accurate; that the use of the Submissions you supply by AccuWeather and its affiliates and sub-licensees does not violate these Terms and Conditions and will not cause injury to any individual or entity; that you have the written consent, release and/or permission of each and every identifiable individual person in your Submission to use such person’s name or likeness and to grant AccuWeather and its affiliates the rights stated herein; that you have obtained signed location agreements when photographing or filming on private property not owned or controlled by you; and that you will defend, indemnify and hold AccuWeather and its affiliates harmless from all claims, demands, actions, and any liabilities, damages or expenses resulting therefrom, arising out of or relating to any breach of any of the foregoing representations or warranties or otherwise resulting from Submissions you supply. AccuWeather takes no responsibility and assumes no liability for any Submission. Without limiting the generality of the foregoing sentence, you agree that AccuWeather shall not be responsible or liable for any injuries or damages you may sustain in connection with the creation or production of your Submission(s) (for instance, if you suffer injuries while filming a video for submission to AccuWeather). Please make sure to take all necessary precautions.
• All Submissions must be your sole, original work. No copyrighted music, trademarks, brands, or other intellectual property not owned by you may be used in your Submission. We will, in appropriate circumstances, terminate your account, and remove or disable your Submissions in the event of a dispute regarding intellectual property rights. AccuWeather also reserves the right to reject or remove any Submission, in its sole discretion, for any reason.
6. CROWDSOURCED DATA. The AccuWeather application you are using may allow you to post certain types of information through the application for other users to view and/or to view certain information posted by other users of the application (any such information posted by you or other users, "Crowdsourced Data"). For example, you may be permitted to post information about the weather conditions (e.g., current conditions) or weather hazards (e.g., flooding, damaging winds, etc.) present at your location, and to view information of this type posted by other users, and such information would be considered Crowdsourced Data.
• In order to submit Crowdsourced Data, you will need to enable Location-Based Services for the AccuWeather application on your device. If you post Crowdsourced Data, you will be sharing precise location data (such as GPS signals sent by a mobile device, latitude and longitude) or information that can be used to approximate a location (such as a cell ID), including the real-time geographic location of your computer or mobile device, with AccuWeather. By posting any Crowdsourced Data, you are consenting to AccuWeather’s collection, storage and use of such location data (in combination with other data such as an AccuWeather assigned ID) for any purpose, including by way of example but without limitation delivering the functionality of the AccuWeather application to you and other users, making improvements to forecasts and other AccuWeather products and services and using for other business purposes.
• If you post Crowdsourced Data, you grant AccuWeather and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, transferrable and fully sub-licensable right to use, reproduce, host, cache, store, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display such Crowdsourced Data throughout the world in any media for any purpose. You acknowledge and agree that you will not be compensated in any way for any Crowdsourced Data you provide.
• You are responsible for ensuring that any Crowdsourced Data you submit is complete, current and accurate to the best of your knowledge and you shall not provide any Crowdsourced Data that is intentionally misleading or that violates AccuWeather’s Acceptable Use Policy which can be found in Section 4 above. You also affirm that you have the right to submit any Crowdsourced Data that you post. You agree to defend, indemnify and hold AccuWeather and its affiliates harmless from and against all claims, demands, actions, and any liabilities, damages or expenses resulting therefrom, arising out of or relating to any Crowdsourced Data that you submit.
• AccuWeather does not guarantee that any Crowdsourced Data will be accurate, reliable or complete, and AccuWeather does not make any representations or warranties of any kind regarding Crowdsourced Data. You acknowledge that AccuWeather has no obligation to pre-screen or validate Crowdsourced Data contributed by users. You agree that AccuWeather takes no responsibility and assumes no liability for any Crowdsourced Data and that all use of Crowdsourced Data is at your own risk.
• AccuWeather shall have the right, but not the obligation, to monitor Crowdsourced Data. AccuWeather reserves the right to reject, remove or disable at any time any Crowdsourced Data you submit, at AccuWeather’s sole discretion, for any reason.
7. Enhancements and Updates. This license does not grant Licensee any right to any enhancement or update of the Software, Data or any other licensed material contemplated by this EULA or any other applicable Terms and Conditions, although such items may be made available to Licensee from time to time at AccuWeather's sole discretion.
8. Access. The Software, Data and Documentation supplied by AccuWeather is made available on an electronic site in State College, Pennsylvania or other sites AccuWeather 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). AccuWeather 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 Pennsylvania. 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 Pennsylvania at the host site and at the location of the user.
9. Protection of Intellectual Property Rights. AccuWeather Inc. retains all rights, title and interest, including rights of trademark and copyright in those things defined herein as "Property of AccuWeather." "Property of AccuWeather" 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 "AccuWeather", identifiers embodying "ACCU" as all or a portion thereof, any other trade names, trademarks, service names, symbols, identifiers, URL's, formats, designs, devices; or proprietary Products owned by AccuWeather or as may be used to designate the Products and services furnished by AccuWeather or used in connection with the Products and services by AccuWeather 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 AccuWeather. Access codes and information furnished by AccuWeather or its Providers to You are intended for Licensee's sole and exclusive use only and shall be considered Property of AccuWeather and/or its Providers. When the Property of AccuWeather 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 AccuWeather 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 herein, 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 herein, including Federal and International Copyrights and Industrial Property rights, are reserved for the sole benefit of AccuWeather or its Providers.
10. DISCLAIMERS. THE SOFTWARE, DATA AND DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OR TECHNICAL SUPPORT OF ANY KIND FROM ACCUWEATHER OR ITS PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCUWEATHER AND ITS AFFILIATES AND PROVIDERS 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 ACCUWEATHER FOR OR ON BEHALF OF LICENSEE. This limited warranty is offered by AccuWeather 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, DOWLOAD, SYNC, USE OR POSSESION OF THE SOFTWARE, DATA AND DOCUMENTATION REMAINS WITH LICENSEE. Without limiting the foregoing, it is further understood that AccuWeather and its Providers are not responsible for Your use or misuse of the Software, Data and/or Documentation or the results from such use. AccuWeather and its Providers make no express or implied warranties, guarantees or affirmations that weather information will occur or has occurred as the reports, forecasts, alerts, 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. You acknowledge that some of the weather data and information made available by AccuWeather may be generated by users (e.g., Crowdsourced Data) in which case AccuWeather will simply be passing on the data and/or information it receives from the user to You via the application. AccuWeather does not guarantee that any data or information originating from a user will be accurate or complete and AccuWeather does not make any representations or warranties of any kind regarding any such data or information originating from a user. WITHOUT LIMITING THE GENERALITY OF ANY 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.
11. LIMITATION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACCUWEATHER OR ITS AFFILIATES OR 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 ANY OTHER APPLICABLE TERMS AND CONDITIONS, OR THE DELIVERY, PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS, OR USE OF THE SOFTWARE, DATA OR DOCUMENTATION REGARDLESS OF THE FORESEEABILITY THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OR EXCLUSION OF LIABLITY 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.
12. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ACCUWEATHER AND ITS AFFILIATES AND PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO THIS EULA OR ANY OTHER APPLICABLE TERMS AND CONDITIONS, OR THEIR IMPLEMENTATION, SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY LICENSEE TO ACCUWEATHER UNDER THIS EULA AND ANY APPLICABLE TERMS AND CONDITIONS. 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 forth in this EULA are fundamental elements of the basis of the EULA and the other Terms and Conditions which apply. Licensee agrees AccuWeather would not be able to provide the Software, Data and/or Documentation to Licensee on an economic basis without such limitations.
13. Advertisements. The Software, Data and other products or services of AccuWeather contain information of high economic value and are provided to you free of charge because they are supported by advertisers and therefore may include advertising for products and services offered by the Provider or third parties. This advertising support is significant and allows us to provide such products and services as a public service to people who can, and those who cannot, afford to pay the high cost of operating such products and services. The advertising may be targeted to information related to the type of weather information you access, your search requests, or other information consistent with our Privacy Statement (http://www.accuweather.com/en/privacy). AccuWeather would incur substantial unreimbursed costs in connection with the product(s) or service(s) furnished to you without the ability to display advertising. Accordingly, we ask for your help in exchange for our free license to you to access the Software, Data and/or other products or services of AccuWeather. You agree that advertising is, and will continue to be, a part of the Software, Data and any other products or services of AccuWeather provided to you, and you agree not to block the advertising on the Software or Data or on other products or services of AccuWeather, whether through the use of technology or other means. Doing so is a material breach of these Terms and Conditions for which AccuWeather reserves the right to charge you fees for the use of the Software, Data or such other products or services of AccuWeather or to seek other legal damages. AccuWeather may utilize technology or other measures to bypass attempts to block advertising and you agree to cooperate with AccuWeather in doing so. AccuWeather makes no representations or warranties with respect to the quality, appropriateness, accuracy, truthfulness, reliability, business ethics, or other aspects of any such advertisements and/or the organizations placing the advertisements and shall have no responsibility or liability for any claims arising out of or related to any such advertisements, the contents thereof, the products or services promoted therein, or the fulfillment thereof. It is a user's sole responsibility to satisfy himself or herself as to the desirability of dealing with any given advertiser and to understand the relationship is between the user and the advertiser and not with AccuWeather. AccuWeather may display political advertising as a business transaction, from advocacy groups and candidates for office. AccuWeather does not endorse candidates for political office or endorse any political statements, positions or issues.
14. 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, AccuWeather and its Providers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
15. Events Beyond AccuWeather Inc.'s Control. AccuWeather 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 AccuWeather, 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 AccuWeather. The unavailability of Software, Data or Documentation from AccuWeather's Providers shall not be considered a disruption of services and shall not affect the obligations of Licensee hereunder.
16. Governing Law & Jurisdiction. The parties agree to submit to the Pennsylvania Courts only, for any dispute arising out of this EULA or any other applicable Terms and Conditions 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 Pennsylvania 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.
17. Severability. In the event any term of this EULA, or any term of any other applicable Terms and Conditions, is found by any Court to be void or otherwise unenforceable, the remainder of this EULA, or the remainder of such other Terms and Conditions, as the case may be, 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 EULA or the applicable Terms and Conditions are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this EULA or the applicable Terms and Conditions a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.
18. Indemnity. Licensee hereby indemnifies and agrees to hold AccuWeather 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 other applicable Terms and Conditions or any act or omission on the Licensee's part relating to the use or possession by Licensee of Software, Data or Documentation.
19. Export Restrictions and Legal Compliance. 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 and other applicable laws 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. Licensee acknowledges 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 Licensee’s sole obligation and responsibility. For any use contrary to the restrictions set forth herein or law, Licensee hereby agrees to indemnify and hold harmless Licensor from any responsibility or liability in connection therewith. If Licensee has any questions regarding its obligations under the United States of America Export regulations, Licensee should contact the Bureau of Industry and Security, United States Department of Commerce, Office of Exporter Services, Washington D.C., http://www.bis.doc.gov/about/programoffices.htm. As to other countries, the appropriate officials or agencies should be contacted. Licensee represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
20. 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 the Terms and Conditions, 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 AccuWeather, Inc., 385 Science Park Road, State College, PA 16803, or others, as indicated on this site. These restrictions change from time to time.
21. Notification of Copyright Infringement. AccuWeather 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 or any products or services of AccuWeather contain 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, on sites linked to from this site or in connection with other AccuWeather products or services, please provide AccuWeather's Copyright Agent a Notice of Infringing Material(s) ("Notice") containing the following elements:
- A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed.
- 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.
- A description of where the alleged infringing material(s) is located on the AccuWeather site (include a URL if possible).
- Sufficient contact information regarding the copyright owner or agent, such as physical address, email address, website, telephone number and fax number.
- 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.
- 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.
AccuWeather's Copyright Agent for Notices of Infringing Materials can be reached as follows:
385 Science Park Road
State College, PA 16803 USA
Attn: Office of Legal Services, Copyright Agent
AccuWeather's Copyright Agent for Notices of Infringing Materials should not be contacted for issues of technical or operational support. Issues relating to technical or operational support should be directed to AccuWeather’s customer service group at the following email address: firstname.lastname@example.org.
22. 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 EULA or any other Terms and Conditions will not affect the right subsequently to require performance of the obligation.
23. Assignment. Neither this EULA nor any other applicable Terms and Conditions nor any rights or obligations of Licensee hereunder or thereunder may be assigned or delegated by Licensee to any other person or entity without the prior express written consent of AccuWeather.
24. Term and Termination. This EULA is effective upon your acceptance of these terms and conditions, and shall continue until terminated. This EULA shall terminate automatically if Licensee fails to comply with this EULA and/or any other applicable Terms and Conditions, 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 AccuWeather 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 AccuWeather. In the event of any termination by AccuWeather pursuant to this EULA or any other applicable Terms and Conditions, Licensee shall not be entitled to any refund of pre-paid subscription fees.
25. Communications Decency Act. Pursuant to Section 230 of the Communications Decency Act , we are passing along this notice 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. More information is available at http://en.wikipedia.org/wiki/Content-control_software.
26. Children. The Software, Data and Documentation are not directed to children under the age of 13. Please do not allow children under the age of 13 to provide any personally identifiable information or participate in social media related to our Software, Data and Documentation. If we are notified that a child under 13 has provided personal information, we will delete that information as soon as reasonably possible. If you become aware that a child under 13 has provided such information, please send us a detailed email at email@example.com so we can delete this information.
27. Translation. Certain content published on the AccuWeather website or made available through AccuWeather’s applications or other products and services may be translated into a language other than English for your convenience. Reasonable efforts have been made to provide an accurate translation; however, no translation system is perfect. The official text is the English version on the site. Any discrepancies or differences created in the translation are not binding and have no legal effect. If any questions arise related to the accuracy of the information contained in any translated text, please refer to the English version on the AccuWeather website which is the official version. Translation of any of the Terms and Conditions that govern your use of the site into a language other than English, if required, shall be your responsibility. To the extent any such Terms and Conditions are translated into a language other than English and there is a conflict of terms between English and the other language, the English version shall control.
28. Entire Agreement. This EULA and any other Terms and Conditions which may apply 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 or other applicable Terms and Conditions are of no force and effect. AccuWeather may modify this EULA or any other Terms and Conditions that may apply at any time by posting a new EULA, or a new version of the applicable Terms and Conditions, as the case may be, in the English language on its website, with or without notice to You. It is your responsibility to check the AccuWeather website frequently for updates to this EULA, or AccuWeather’s Privacy Statement, Subscription Terms, Provider Terms or any other applicable Terms and Conditions. Questions regarding these terms may be submitted in writing to AccuWeather, Inc., 385 Science Park Road, State College, PA 16803, attn.: Contracts Administrator.
Version Date: July 18, 2016