Terms Of Usage
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 any Software, Data and associated Documentation made available by or on behalf of AccuWeather and/or 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 may include software, user interfaces, applications and/or 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/or 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 any Software, Documentation or 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://m.accuweather.com/en/privacy/microsoft, any applicable subscription terms and conditions relating to the Software, Data or 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 posted on the AccuWeather website or otherwise agreed to in writing with AccuWeather 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 any Software, Data or Documentation and must immediately destroy any and all copies of the Software, Data and 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://m.accuweather.com/en/privacy/microsoft. 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.
1. GRANT OF LICENSE. By acknowledging these terms upon initial access of any Software, Data or Documentation, or upon registering for products or 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 any Documentation, only as authorized in this EULA, on up to five Windows Phone enabled Hardware devices, at any given time, which are owned, leased, licensed or otherwise controlled by Licensee and which are affiliated with the Microsoft account you use to access the Windows Phone Store. Licensee may not install or use a copy of any Software, Data or Documentation on a device that Licensee does not own or control. 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 Documentation on Hardware devices for personal, non-commercial purposes. Licensee 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 any Software, Data 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, and must contain all of the original proprietary notices provided with or otherwise relating to such Software, Data and Documentation.
3. RESTRICTIONS. The Software, Data and 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 or 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 Hardware device at any given time. This EULA and the Software, Data and Documentation may not be shared with other users or used concurrently on different Hardware devices except as expressly authorized herein. 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. INTERNET-BASED SERVICES. AccuWeather may provide Internet-based services with the Software, Data and/or any Documentation. In addition to the following, Your use of such services is subject to the terms of this EULA and any other terms provided to You by AccuWeather, your wireless carrier or other Providers.
a. Consent for Internet-Based or Wireless Services. The Software, Data or Documentation may connect to computer systems over an Internet-based wireless network. In some cases, You will not receive a separate notice when they connect. Using the Software, Data or Documentation operates as Your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for internet-based or wireless services
b. Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
5. 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.
6. 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.
7. 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/or services furnished by AccuWeather or used in connection with the products and/or 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.
8. DISCLAIMERS. THE SOFTWARE, DATA AND DOCUMENTATION ARE PROVIDED "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE”, AND WITHOUT WARRANTY OR TECHNICAL SUPPORT OF ANY KIND FROM ACCUWEATHER, MICROSOFT CORPORATION (“MICROSOFT”), YOUR PHONE MANUFACTURER, YOUR WIRELESS CARRIER OR ANY OTHER PROVIDER. YOU BEAR THE RISK OF USING THE SOFTWARE, DATA AND DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCUWEATHER, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE SOFTWARE, DATA AND/OR DOCUMENTATION IS DISTRIBUTED, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS, EXPRESSLY DISCLAIMS 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, 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 THE MINIMUM PERIOD OF TIME REQUIRED BY APPLICABLE LAW. THIS LIMITED WARRANTY IS OFFERED BY ACCUWEATHER ALONE, AND DOES NOT EXTEND TO ANY SOFTWARE CODE, DATA, INFORMATION, CONTENT OR 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. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE.
WITHOUT LIMITING ANY OF 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, 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.
FOR THE AVOIDANCE OF ANY DOUBT, MICROSOFT, YOUR PHONE MANUFACTURER AND YOUR WIRELESS CARRIER ARE NOT RESPONSIBLE FOR PROVIDING SUPPORT SERVICES FOR THE SOFTWARE, DATA OR DOCUMENTATION.
9. LIMITATION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACCUWEATHER, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE SOFTWARE, DATA AND/OR DOCUMENTATION IS DISTRIBUTED OR OTHER PROVIDORS, OR ANY OF THEIR RESPECTIVE AFFILIATES OR SUPPLIERS, 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 LIMITATION 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.
10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ACCUWEATHER, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE SOFTWARE, DATA AND/OR DOCUMENTATION IS DISTRIBUTED AND OTHER PROVIDERS, AND THEIR RESPECTIVE AFFILIATES AND SUPPLIERS, 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 THE AMOUNT PAID BY LICENSEE TO ACCUWEATHER FOR THE SOFTWARE, DATA AND DOCUMENTATION. LICENSEE AGREES NOT TO SEEK TO RECOVER ANY OTHER DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, 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.
For the avoidance of any doubt, the limitations on damages and liability set forth in this Section 10, as well as those set forth in Section 9 above, apply to: (a) anything related to the Software, Data or Documentation, services made available through such Software, Data or Documentation, or content (including code) on any third party Internet sites; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. Such limitations also apply even if repair, replacement or a refund for the Software, Data and/or Documentation does not fully compensate Licensee for any losses or if AccuWeather or any of its Providers knew or should have known about the possibility of damages.
11. Advertisements. The Site is supported by advertising revenue and may include advertisements for products and services offered by third parties. 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 users 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Export Restrictions and Legal Compliance. Licensee acknowledges that the Software, Data, Documentation and other underlying information or technology licensed hereunder may be subject to the export control laws and regulations of the United States and/or international technology control or export laws and regulations. Licensee must comply with all domestic and international export laws and regulations that apply to the Software, Data and Documentation. These laws include restrictions on destinations, end users and end use. For information on Microsoft branded products, see http://www.microsoft.com/exporting. 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.
18. 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.
19. 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: email@example.com.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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 firstname.lastname@example.org so we can delete this information.
25. 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.
26. 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.