Conditions
of Use of WSI USPLN Weather Data by Unidata Participants |
By use of the WSI
Corporation weather data supplied to the Unidata
community and identified below (the “Data”), you, the university or
other
educational or research institution participating in the Unidata
community defined
below (the “Institution”), hereby agree to the following terms and
conditions
with respect to the use of the Data: 1. Use of Data. You agree to use the Data solely for research and/or related academic purposes (the “Authorized Purpose”) for the term identified below (the “Term”). You shall only use, distribute and display the Data within the location of the Institution defined below (the “Institution Location”) for the Authorized Purpose, provided that such use shall include the right to distribute the Data to persons affiliated with the Institution and engaged in research and/or related academic purposes at the Institution Location. You shall have the right to make reference to the Data in academic or similar publications. In no event shall you make any commercial use of the Data, including any research sponsored by a commercial entity, or allow for its access, publication, exhibition or display outside of your Institution Location, and you shall have no right to sublicense, resell or redistribute the Data to any other persons. In no case shall the Data be displayed or made available on any publicly accessible website. You acknowledge that WSI shall have the right to immediately terminate your use of the Data without notice in the event you violate any of these terms of use. 2.
Ownership
and Copyright of Data. You
acknowledge that WSI, and its
licensors, own and shall own all right, title and interest in the Data,
including without limitation all copyrights thereto.
You agree not to alter, delete or remove any
copyright or other legal notices included within the Data and to
include such
notices in all displays of the Data. You
agree to promptly notify WSI if you become aware of any unauthorized
use of the
Data or infringement of the WSI copyright thereto. 3.
Attribution. In
the event someone in or affiliated with the Institution desires to publish an article making
reference to the Data or otherwise including any results thereof (a
“Publication”), you agree to ensure that any such Publication shall
include
attribution for WSI as the owner of the Data.
4.
No
Warranty. You
acknowledge that the Data is provided to
you “AS IS” and without any warranty
of any kind, express or implied. You
acknowledge that the Data may contain errors or inaccuracies and may be
incomplete, untimely or unreliable and that WSI shall have no
responsibility
thereof. To the fullest extent
permissible by law, WSI disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and
fitness for a particular purpose. You
agree that you shall be solely responsible for the use of the Data by
anyone in
the Institution or otherwise
authorized by you and this Agreement to access the Data.
5.
Limitation
on Liability. Under
no circumstances, including, but not
limited to, negligence, shall WSI or its affiliates be liable for any
direct,
indirect, incidental, special or consequential damages that result from
the use
of, or the inability to use, the
Data. If you are dissatisfied with any
Data, or with any of these terms
and conditions, your sole and
exclusive remedy is to discontinue using the Data. 6.
Applicable
Law; Other. These terms and
conditions shall be governed by 7. Termination. WSI may at any time terminate the transmission of the Data or your right to access the Data without notice or further obligation or liability. Upon termination of the Agreement, you shall destroy any and all Data then in your possession. |