END-USER LICENSE AGREEMENT
Do not use the software accompanying this Agreement (the “Software”) until you have
carefully read the following Agreement. Using the Software (or authorizing any other
person to do so) indicates your acceptance of the terms and conditions contained
in this Agreement. If you do not agree with the terms and conditions of this Agreement,
do not download or install this software. This Agreement
sets forth the terms and conditions for licensing of the Software from SWIFT WEATHER.
While we make every effort to provide accurate, up-to-date weather conditions,
we do not guarantee the accuracy or timeliness of weather data. As with any client/server
operation, there are some conditions beyond the Licensor’s control such as network
latency, hardware incompatibilities, and other obstacles which can delay or distort
weather data as provided. Licensor strongly encourages all users to obtain multiple
sources of weather information in cases of emergency.
The End User acknowledges that the
data may contain errors or inaccuracies and
should not be used as the exclusive source of weather data.
Software and its data products are provided “AS IS” and without any warranty
of any kind, express or implied. End
User shall be solely liable for all interpretations, predictions, decisions, judgments
and actions taken with respect to the Software and its data products.
USE OF THIS PRODUCT IS AT CUSTOMER’S SOLE RISK.
LICENSE AND CERTAIN RESTRICTIONS
You are granted a non-exclusive license to use one copy of the Software only
on a single device. Although you are encouraged to make a backup copy of the Software
for your own use, you are not allowed to make more than two copies for backup purposes.
The Software (including any images, icons, graphics, animations, video, audio, music,
and text incorporated into the Software) is protected by copyright laws. You may
not make copies of the Software except for backups. You may not give copies to another
person, or duplicate the Software by any other means, including electronic transmission.
The Software contains trade secrets, and in order to protect them you may not decompile,
reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable
form. You may not modify, adapt, translate, rent, sublicense, assign, lease, loan,
resell for profit, distribute, or network the Software, disk, or related materials
or create derivative works based upon the Software or any part thereof.
Your sole and exclusive remedy for any breach of representation or warranty is that
Licensor, at its option, either (a) will refund your payment for the Software upon
your return of the Software and related materials, with a copy of your receipt,
or (b) will replace it on an exchange basis without charge (except as provided above).
THIS SOFTWARE IS PROVIDED “AS-IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR
OTHERWISE, REGARDING THE SOFTWARE, DISK, AND RELATED MATERIALS, INCLUDING THEIR
FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR
NONINFRINGEMENT. THE LIABILITY OF LICENSOR UNDER THE WARRANTY SET
ABOVE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION
TO 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Licensor has no control over your use of the Software. Licensor does not and
cannot warrant the performance or results that may be obtained by its use. Licensor
does not represent, warrant, or guarantee the accuracy and timeliness of the data
contained in the Software and Licensor shall have no liability of any kind whatsoever
to you, or to any other party, on account of any inaccuracies in or untimeliness
of the data, or for any delay in reporting such data contained in the Software.
Various information in the Software constantly changes, and the information in the
Software is only as of a particular date. Licensor does not warrant that the operation
of the Software will be uninterrupted or error free. Licensor is not responsible
for problems caused by accident, abuse, mishandling, alteration, or improper use.
Licensor does not warrant or guarantee the suitability of the Software or that it
will meet your requirements.
LIMITATION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. LICENSOR’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY
CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT. SOME
STATES DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limitations of damages set forth above fundamental elements of the bases of
the bargain between Licensor and you. Licensor would not be able to provide this
product on an economic basis without such limitations.
You acknowledge that, in providing you with the Software, Licensor has relied
upon your agreement to be bound by the terms of this Agreement. You further acknowledge
that you have read, understood, and agreed to be bound by the terms of this Agreement,
and hereby reaffirm your acceptance of those terms. You further acknowledge that
this Agreement constitutes the complete statement of the agreement between you and
Licensor, and that the Agreement does not include any other prior or contemporaneous
promises, representations, or descriptions regarding the Software. This Agreement
is not, however to limit any rights that Licensor may have under trade secret, copyright,
patent, or other laws that may be available to it. The agents, employees, distributors,
and dealers of Licensor are not authorized to make modifications to this Agreement,
or to make any additional representations, commitments, or warranties binding on
Licensor. Accordingly, additional statements such as dealer or other advertising
or presentations, whether oral or written, do not constitute representations or
warranties by Licensor and should not be relied upon. This Agreement may be modified
only in writing. If any provision of this Agreement is invalid or unenforceable
under applicable law, it is to that extent, deemed omitted and the remaining provisions
will continue in full force and effect. This Agreement shall be governed by and
construed in accordance with the laws of the State of Minnesota without regard to
conflict of law principles and any action commenced hereunder shall be commenced
in Hennepin County District Court.