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Conditions of Use of WSI USPLN Weather Data
by Unidata Participants
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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 Massachusetts law without regard to its conflict of laws provisions.  If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.  Any failure to enforce these terms by WSI shall not be deemed a waiver of that provision.  These terms represent the entire agreement with respect to the use of the Data. 


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.