End User Terms of Agreement

By using the WeatherPlanner Services, you the Customer acknowledge and agree to be bound by the terms and conditions of this WeatherPlanner Services Agreement (this "Agreement") between Customer (also called "you" and "your") and WeatherPlanner. Do not use the site and services if you do not agree to these terms. WeatherPlanner reserves the right to change these terms and you should review these terms periodically. Your continued use of the WeatherPlanner site and service indicates you agree to the then-current terms.

1. Weatherplanner makes every reasonable effort to provide accurate and timely information, but there may be mistakes and typographic errors on this site. Therefore you should not assume that all information on this site is accurate or complete.

2. Terms of Use. WeatherPlanner hereby grant to you a nonexclusive, royalty-free license to use the WeatherPlanner Service, and the computer programs contained therein/thereon in machine-readable, object code form only (collectively, the "Software"), and only as authorized in this Terms of Use Agreement.

3. Disclaimer of Warranties. If you paid a license fee for the Software, then Licensors warrant, for your benefit alone, for a period of thirty (30) days from the date of commencement of this Terms of Use Agreement the Software is free from ordinary defects in material and workmanship, and, if during this thirty (30) day period a defect appears, you may terminate this agreement and your license fee will be refunded. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensors of any warranties made under this Terms of Use Agreement.

4. Except for the warranty provided above, the WeatherPlanner service is licensed "as is," and licensors disclaim, and you hereby waive, any and all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or warranties of fitness for a particular use or purpose, and non-infringement.

Limitation of liability. Licensor's cumulative liability to you or any other party for whom you copy the weatherplanner information or to whom you distribute the weatherplanner information for any loss or damages resulting from any claims, demands, or actions arising out of or relating to the weatherplanner information shall not exceed the license fee, if any, paid to licensor for the use of the weatherplanner service. To the maximum extent permitted by applicable law, in no event shall licensor be liable for any indirect, incidental, consequential, special, exemplary damages or other damages whatsoever, foreseeable or otherwise (including, without limitation, damages for lost business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this terms of use agreement or the use of or inability to use the WeatherPlanner service, even if licensor has been advised of the possibility of such damages.

5. Licensors' Rights. All title, ownership rights, and intellectual property rights in and to the Software is and shall remain in Licensors. You agree to abide by copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge and agree that the source code form remains a confidential trade secret of Licensors and therefore you specifically agree not to reverse engineer, decompile, disassemble or otherwise translate the Software or allow any other person to reverse engineer, decompile, disassemble or otherwise translate the Software. This Terms of Use Agreement conveys only a limited right of use, revocable in accordance with the terms of this Terms of Use Agreement and does not convey to you an interest in or to the WeatherPlanner Service and related materials.

6. Term. This Terms of Use Agreement is effective using the WeatherPlanner Service and shall continue until terminated by Licensors. Licensors may terminate this Terms of Use Agreement for any reason or no reason at all. Upon such termination by Licensors, you agree to uninstall the WeatherPlanner Service and all copies and portions thereof within five (5) business days. Sections 2, 3, 4, 5, 7 and 9 hereof shall survive the termination of this Terms of Use Agreement.

7. U.S. Government Restricted Rights and Export Restrictions. The WeatherPlanner is provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA AR Supplement. You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the WeatherPlanner Information or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Yugoslavia, Haiti, Iran, Iraq, Libya, North Korea or Syria, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) to anyone on the United Nations Act, R.S.C. 1985, U-5, the Special Economic Measures Act, S.S. 1992, c.17 or the Export and Import Permit Act, R.S.C. 1985, cE-19. By installing or downloading the Software, you agree to the foregoing and you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

8. Construction; Entire Agreement. This Terms of Use Agreement shall be construed and governed in accordance with the laws of the State of Pennsylvania (excluding conflict of laws provisions thereof). This Terms of Use Agreement represents the entire agreement concerning the Software and related materials between you and Licensors, and it supersedes any prior proposal, representation or understanding between the parties. This Terms of Use Agreement may not be modified except in writing and signed by Licensors.

9. Costs of Litigation. If any action is brought by Licensors against you for any breach of this Terms of Use Agreement and Licensors prevail in such action, Licensors shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and expenses of litigation (including, without limitation, in-house or external legal fees).

10. Indemnity. You shall indemnify, defend, and hold harmless Licensors and their respective directors, officers, shareholders, employees, and suppliers from and against any and all liabilities, losses, damages, claims, suits, recoveries, awards, judgments, executions, fines, penalties, costs, and expenses of any nature or kind (including, without limitation, in-house or external legal fees) (collectively "claims") arising or resulting, directly or indirectly, from your breach of this Agreement or your acts or omissions, whether negligent or otherwise.

11. Severability. Should any term of this Terms of Use Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

12. No Waiver. The failure of Licensors to enforce any provisions of this Terms of Use Agreement or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Licensors as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

13. Relationship of Parties. Nothing in this Agreement is intended or shall be construed to create or establish any agency, partnership, joint venture, affiliate, or fiduciary relationship between the Licensors and you.

14. Deemed Acceptance. The use or downloading of the Software is deemed acceptance of the terms and conditions contained herein.