VISUAL CROSSING WEATHER LICENSE TERMS
These license terms are an agreement between Visual Crossing Corporation (“Provider”) and you. Please read them. They apply to your use of the Visual Crossing Weather website, plug-ins, and any data that you receive as output from the service (collectively the “Service Components”). This agreement also applies to any updates and supplements released for any of the Service Components, unless other terms accompany those items. If so, those terms apply.
BY DOWNLOADING, INSTALLING, OR USING THE SERVICE COMPONENTS, OR ATTEMPTING TO DO ANY OF THESE, YOU HAVE ACCEPTED THESE TERMS. IF YOU DO NOT INTEND TO ACCEPT THEM, YOU HAVE NO RIGHT TO (AND MUST NOT) DOWNLOAD OR USE THE SERVICE COMPONENTS.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may use the Service Components on one or more devices that you own or control.
2. INTERNET-BASED SERVICE. The Service Components may require access to Internet. In addition to the following, your use of those Services Components is subject to the terms provided to you by your internet service provider and/or your wireless carrier.
The Service Components may connect to computer systems over an Internet-based and/or wireless network. Using the Service Components operates as your consent to the transmission over the Internet of any information and data that you submit to the Service Components. The Service Components may also transmit standard device information (including but not limited to technical information about your device).
You may not use the Service Components in any way that could harm it or impair anyone else’s use of it.
3. SCOPE OF LICENSE. The Service Components are licensed, not sold. This agreement only gives you some rights to use the Service Components. The Service Provider reserves all other rights. Unless the law gives you more rights despite this limitation, you may use the Service only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Service that only allow you to use it in certain ways. You may not:
* work around any technical limitations in the Service Components;
* reverse engineer, decompile, or disassemble the Service Components, except and only to the extent that the law expressly permits, despite this limitation;
* make more copies of the Service Components than specified in this agreement and your license level;
* publish or otherwise make the Service Components available for others to copy; or rent, lease or lend at any level beyond that provided by your license.
4. COMMERCIAL USE. Commercial use of the Service Components is only permitted when using a paid subscription or during the evaluation period for a paid subscription plan. For the purpose of this section commercial use is defined as any activity that can reasonably be expected to produce income or profits either directly for the user or in the service of a business organization. If a publicly free license for the Service Components is used, then the Service Components must not be used for any commercial, business, or industrial purposes.
5. DOCUMENTATION. You may copy and use the documentation provided by the Service Provider solely for your reference purposes.
6. TECHNOLOGY AND EXPORT RESTRICTIONS. The Service Components may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international laws and regulations that apply to the technology used, employed or supported by the Service Components. These laws include restrictions on destinations, end users and end use.
7. SUPPORT SERVICES. The Service Components are provided “as is.” Support services are available via http://support.visualcrossing.com and an account and/or additional payment may be required to access certain features or areas.
9. APPLICABLE LAW.
* United States. If you acquired or use the Service Components in the United States, Virginia state law governs this agreement, regardless of conflict of laws principles.
* Outside the United States. If you acquired or use the Service Components in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of the state or country where you reside. This agreement does not change your rights under the laws of the state or country where you reside if such laws do not permit it to do so.
11. DISCLAIMER OF WARRANTY. THE SERVICE COMPONENTS ARE LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF USING IT. VISUAL CROSSING CORPORATION, INTERNET SERVICE PROVIDERS, WIRELESS CARRIERS OVER WHOSE NETWORK THE SERVICE COMPONENTS ARE DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE SERVICE COMPONENTS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DATA PROVIDED AS PART OF OR ACCESSED VIA THE SERVICE COMPONENTS MAY BE DERIVED FROM VARIOUS 3RD-PARTY SOURCES AND NO GUARANTEE IS GIVEN REGARDING THE AVAILABILITY, ACCURACY, OR SUITABILITY OF THIS DATA FOR ANY TASK. IN ADDITION, YOU AGREE TO NOT USE THE SERVICE COMPONENTS IN ANY ENVIRONMENT WHERE INACCURACY OR OTHER LIMITATION COULD CAUSE SERIOUS HARM TO PERSONS OR PROPERTY.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE SERVICE PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SERVICE COMPONENTS. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM THE SERVICE PROVIDER OR ANY DISTRIBUTOR.
This limitation applies to
* anything related to the Service Components, data made available through the Service Components, or content (including code) on Visual Crossing or third-party Internet sites; and
* claims for breach of contract; breach of warranty, guarantee or condition; or strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
* repair, replacement, or a refund for the Service Components does not fully compensate you for any losses; or
* Service Provider and/or distributor knew or should have known about the possibility of the damages.