Data and Software License - Personal Follow
WeatherFlow-Tempest, Inc. Software License Agreement
Personal Non-Commercial License
Updated July 26, 2024
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY
BEFORE USING ANY PHYSICAL OR DATA AND SOFTWARE PRODUCTS MADE
AVAILABLE TO YOU BY WEATHERFLOW-TEMPEST, INC., REGARDLESS IF SUCH
PRODUCTS ARE WEATHERFLOW-BRANDED, TEMPEST-BRANDED, OR OTHERWISE
BRANDED. BY USING YOUR PRODUCTS, AS APPLICABLE, YOU ARE AGREEING TO
BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE
TERMS OF THIS LICENSE, DO NOT USE THE PRODUCTS AND PROMPTLY CONTACT
WEATHERFLOW-TEMPEST, INC. FOR A REFUND PURSUANT TO OUR REFUND
TERMS.
This Software License Agreement (“Agreement”) between you and WeatherFlow, Inc. (“WeatherFlow”) governs your use of any WeatherFlow website, mobile application, application, software, source code, firmware, site, embedded software, content, analyses, graphs, maps, charts, third party software, data, documentation, product, or service linking to or containing this Agreement, including Tempest, TempestWx, WindAlert, iWindsurf, iKitesurf, SailFlow, FishWeather, and HeatAlert(collectively “Data and Software Products”). Data and Software Products shall include any data or products created, originating, or resulting from another Software Product, along with updates or replacements to any Software Product, and it shall not be necessary for a Software Product to coordinate with, communicate with, or otherwise relate to physical hardware products to be considered a Software Product.
1. General.
The Data and Software Products made available to you by WeatherFlow are
licensed, not sold, to you by Weatherflow for use only under the terms of this License.
WeatherFlow and its licensors retain all ownership and intellectual property rights of, in,
and to the Data and Software Products.
2. Permitted Uses and Restrictions.
WeatherFlow grants to you a limited, non-exclusive,
personal, non-commercial license to the Data and Software Products, subject to the
following restrictions:
a. You must create a user account and password (“Account Credentials”) and shall
not share, transfer, or assign your Account Credentials, and any attempted transfer
or assignment is void;
b. You shall promptly pay all fees, taxes, and payments due for continued use of and
access to the Data and Software Products;
c. Your use of the Data and Software Products shall be explicitly limited to personal,
non-commercial use. You shall not use the Data and Software Products for any
commercial or business purpose. (If you desire to use the Data and Software
Products for commercial or business use, please contact WeatherFlow at
support@weatherflow.com to arrange a separate license from Weatherflow
regarding your desired commercial or business use);
d. You consent to receiving certain communications from Weatherflow, including
necessary service announcements, administrative messages, newsletters, or other
marketing communications;
e. You shall not use the Data and Software Products in any way that is contrary to
applicable local, state, national, regional, or international law (availability of some
of the Data and Software Products, or features thereof, may vary by language or
region), including use that is defamatory or otherwise objectionable;
f. You shall not use the Data and Software Products in any way that violates or
infringes the rights of WeatherFlow or any third party (including any of
WeatherFlow’s third party service providers, vendors, clients, or customers),
including use that is harassing, abusive, misleading, harmful or otherwise
objectionable;
g. You shall not use the Data and Software Products in any way that could damage,
disable, overburden, impair or harm any server network, computer system,
resource, device, equipment, or service provide of Weatherflow;
h. You shall not use the Data and Software Products for the purposes of gambling or
betting;
i. You shall not use the Data and Software Products either directly or indirectly for
the purpose of triggering a payout effect within any form of risk transfer,
including, without limitation, insurance, reinsurance, financial transactions, or
capital markets transactions;
j. You shall be responsible for obtaining and paying for all cellular, wifi, or other
internet access necessary or desirable to download or use the Data and Software
Products or features thereof, including any text or data charges;
k. You shall not, nor permit others to, copy, decompile, reverse engineer,
disassemble, attempt to derive the source code of, decrypt, modify, publish,
database, transmit, display, sell, transfer, translate, deliver, adapt, frame, deep
link, embed, perform, reproduce, distribute, redistribute, update, enhance,
upgrade, or create derivative works of the Data and Software Products or any part
thereof;
l. You shall not use any of the trademarks, service marks, designs, and logos
(“Marks”) displayed in the Data and Software Products, for any purpose,
including without limitation advertising, promotion or to imply an endorsement
by or relationship with WeatherFlow or its licensors;
m. You shall not remove, obscure, or alter any proprietary notices (including
trademark and copyright notices) that may be affixed to or contained within the
Data and Software Products;
n. You shall not provide unauthorized access to the Data and Software Products;
o. You shall not rent, lease, lend, sell, redistribute, or sublicense the Data and
Software Products, or any part or derivative thereof; and
p. Your access to the Data and Software Products related to physical products that
you purchase from WeatherFlow shall be guaranteed and warranted for the period
beginning on the date that you purchase said physical products and extending for
two years thereafter;
q. Your use of the Data and Software Products shall be subject to WeatherFlow’s
Privacy Policy.
3. Breach.
Your use of the Data and Software Products outside the scope of this Agreement
or in a way inconsistent with this Agreement, or your violation of one or more of the
restrictions or conditions of this Agreement, shall be viewed as copyright infringement
and/or a breach of this Agreement. WeatherFlow reserves the right to immediately
terminate your Account Credentials and/or access to the Data and Software Products,
without notice, for any reason or no reason. You agree that WeatherFlow will not be
liable for any damages arising from any interruption, suspension or termination of your
Account Credentials or access or use of the Data and Software Products. Your failure to
comply with this License may also expose you to civil and/or criminal liability.
WeatherFlow will use all legal means to collect damages and prosecute to the fullest
extent of the law.
4. Your Content.
To the extent that you own any content and transmit such content to
WeatherFlow, via a WeatherFlow product or otherwise, you grant WeatherFlow a
worldwide, non-exclusive, irrevocable, perpetual, fully paid up, transferable,
sublicensable right and license to use, reproduce, distribute, sell, create derivative works
of, modify, translate, publish, sublicense, and otherwise exploit for any purpose
whatsoever, your owned and transmitted content, without notice, attribution, or
compensation to you. If you post content owned by you in such a way that it is publicly
accessible, you are solely responsible for such posting, and you grant other users of the
Data and Software Products the license to access, view, store, and reproduce your content
for such other user’s personal, non-commercial use, and you waive any rights to
attribution, integrity, and any other legal or moral rights in connection with such user’s
use of your content. Please refer to our Privacy Policy for more information on how we
collect, use, and share the information, and content we receive from you.
5. Apple.
If you use an Apple device to access, use, or download certain Data and Software
Products from the Apple App Store (“Apple Device Services”), then you agree and
acknowledge that:
a. Apple, Inc. is not a party to and bears no duties or obligations to you, including,
but not limited to, any obligation to furnish you with Apple Device Services
maintenance and support;
b. In the event of any failure of the Apple Device Services to conform to any
applicable warranty, you may notify Apple, and Apple will refund to you the
purchase price you paid to Apple for such Apple Device Services. To the
maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Apple Device Services;
c. You will have no claims, and you waive any and all rights and causes of action
against Apple with respect to the Apple Device Services or this Agreement,
including, but not limited to claims related to maintenance and support,
intellectual property infringement, product liability, consumer protection, privacy,
or regulatory or legal conformance; and
d. Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement.
Upon your acceptance of this Agreement, Apple will have the right (and will be
deemed to have accepted the right) to enforce this License against you as a third-
party beneficiary thereof.
6. Binding Arbitration.
Any controversy or claim arising out of or relating to this
Agreement shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Should you desire to file any
claim against WeatherFlow arising out of or related to the Data and Software Products,
you must do so within one (1) year of the day you become aware of the claim. Failure to
file a claim within the aforementioned timeframe will permanently bar the claim and
constitute your complete and final waiver of any claim in connection therewith. Any
such controversy or claim will be arbitrated on an individual basis and will not be
consolidated in any arbitration with any claim or controversy of any other party. The
decision of the arbitrator will be final and unappealable. The arbitration will be conducted
in Santa Cruz County, California, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Notwithstanding anything to the contrary,
WeatherFlow may at any time seek injunctions or other forms of equitable relief from
any court of competent jurisdiction.
7. International.
a. The Data and Software Products and other technology licensed hereunder may be
subject to the export control laws and regulations of the United States. You
acknowledge that your access to, downloading, use, possession, export or re-
export of the Data and Software Products to (or to a national or resident of) any
country outside of the United States may be subject to 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 Data and
Software Products. Determination of the applicable law and compliance therewith
is your sole obligation and responsibility. You represent and warrant that: (i) you
are not located in a country that is subject to a United States Government
embargo, or that has been designated by the United States Government as a
“terrorist supporting” country; and (ii) you are not listed on any United States
Government list of prohibited or restricted parties.
b. WeatherFlow operates the Data and Software Products in the United States, which
means that if you choose to access our Data and Software Products from a
location outside the United States, you acknowledge and consent to the collection,
transmission, use, storage, and processing of your personal information in
countries outside of your country of residence. Unless we enter into a separate,
mutually signed, written agreement with you on different terms, we do not
represent that the Data and Software Products are available for use in jurisdictions
outside of the United States. You agree you are solely responsible for complying
with all local laws, regulations, and rules in the jurisdiction in which you reside or
access the Data and Software Products to the extent such laws are applicable.
8. Limitation of Liability.
WEATHERFLOW, INCLUDING ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND
AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS
(INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND
PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF
LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF,
UPDATES TO, OR THE INABILITY TO USE THE DATA AND SOFTWARE
PRODUCTS, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE
FUNCTION OF THE DATA AND SOFTWARE PRODUCTS, OR FROM ANY
FAULT OR ERROR MADE BY WEATHERFLOW OR ANYONE ACTING ON ITS
BEHALF, INCLUDING THIRD PARTY SERVICE PROVIDERS, OR FROM YOUR
RELIANCE ON THE CONTENT OF THE DATA AND SOFTWARE PRODUCTS,
INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD
PARTIES, OR FROM ANY COMMUNICATION WITH THE DATA AND
SOFTWARE PRODUCTS, OR WITH OTHER USERS ON OR THROUGH THE
DATA AND SOFTWARE PRODUCTS, OR FROM ANY DENIAL OR
CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION,
DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR
CONTENT ON THE DATA AND SOFTWARE PRODUCTS. IN ANY EVENT, YOUR
SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS OR
MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES. IN
NO EVENT WILL WEATHERFLOW’S ENTIRE LIABILITY TO YOU IN RESPECT
OF ANY OF THE DATA AND SOFTWARE PRODUCTS, WHETHER DIRECT OR
INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH DATA AND
SOFTWARE PRODUCTS.
WEATHERFLOW PROVIDES THE DATA AND SOFTWARE PRODUCTS FOR USE
ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS.
WEATHERFLOW HEREBY DISCLAIMS ALL WARRANTIES AND
REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE
DATA AND SOFTWARE PRODUCTS, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE,
COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. USE OF ANY
MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE DATA
AND SOFTWARE PRODUCTS WILL BE AT YOUR OWN DISCRETION AND RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA
THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF
ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN
OR ORAL, OBTAINED BY YOU FROM WEATHERFLOW, ITS EMPLOYEES OR
REPRESENTATIVES WILL CREATE ANY WARRANTY.
YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE,
AND SOLE RESPONSIBILITY FOR YOUR USE OF AND RELIANCE ON THE DATA
AND SOFTWARE PRODUCTS, AND FURTHER AGREE AND ACKNOWLEDGE THAT
YOUR USE OF AND RELIANCE ON THE DATA AND SOFTWARE PRODUCTS IS MADE
ENTIRELY AT YOUR OWN RISK. WINDSURFING, SAILING, KITEBOARDING, KITING,
KITESURFING, YACHTING, FISHING, SAILBOARDING, BOARDSAILING, SNOW
KITING, AND OTHER SPORT ACTIVITIES (“SPORT ACTIVITIES”) CAN BE
DANGEROUS. THE DATA AND SOFTWARE PRODUCTS DO NOT AND ARE NOT
INTENDED TO MAKE ANY RECOMMENDATIONS OR SUGGESTIONS AS TO THE
SAFETY, ADVISABILITY, OR RISKS INVOLVED WITH ANY SPORT ACTIVITIES AT
ANY GIVEN TIME. THE INFORMATION PROVIDED BY THE DATA AND SOFTWARE
PRODUCTS IS NOT INTENDED TO REPLACE THE INFORMATION OR CONDITIONS
YOU PERSONALLY OBSERVE. IN THE EVENT THAT THE INFORMATION OR
CONDITIONS YOU OBSERVE ARE DIFFERENT THAN THE INFORMATION PROVIDED
BY THE DATA AND SOFTWARE PRODUCTS, YOU MUST NOT RELY ON THE DATA
AND SOFTWARE PRODUCTS. FURTHER, THE DATA AND SOFTWARE PRODUCTS
ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RELEASE AS
CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE AND, AS SUCH, WEATHERFLOW SPECIFICALLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH ACTIVITIES AND USES.
9. Indemnification.
You indemnify and hold WeatherFlow harmless from any demands,
loss, liability, claims, or expenses (including attorneys’ fees), made against WeatherFlow
by any third party arising out of or in connection with your use of the Data and Software
Products. You indemnify, defend, and hold harmless WeatherFlow, its officers, directors,
employees, suppliers, licensors, affiliates, and successors from and against any losses,
damages, liabilities, demands, judgments, settlements, fines, costs, and expenses
(including attorney's fees and costs) (“Losses”) arising out of or relating to any claims
that you have used the Data and Software Products in violation of another party's rights,
in violation of any law, in violation of any provisions of this Agreement, or any other
claim related to your use of the Data and Software Products. Without limiting the
foregoing, you agree to indemnify, defend, and hold harmless WeatherFlow against any
and all Losses resulting from any kind of injury or damage to person or property arising
out of or resulting from any Sport Activities in which you engage. WeatherFlow reserves
the right, at your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify WeatherFlow, and you agree to cooperate with
WeatherFlow’s defense of these claims. You agree not to settle any such matter without
WeatherFlow’s prior written consent. WeatherFlow will use reasonable efforts to notify
you of any such claim, action, or proceeding when we become aware of it.
10. General.
This license will take precedence over any conflicting terms published by a third
party that you may have accepted (or in the future may be required to accept) in
connection with your access to or use of the Data and Software Products. From time to
time, and at any time, we may modify the terms of this License. Your continued access to
and use of the Data and Software Products after such changes are effective is your
acknowledgment and agreement to such modifications. You may not assign or transfer
your rights in and to the Data and Software Products, without the prior written consent of
WeatherFlow. WeatherFlow may assign its rights in and to the Data and Software
Products to a third party at its sole and absolute discretion, provided that the third party
undertakes WeatherFlow’s obligations to you under this Agreement. The representations,
warranties, covenants, liability, indemnification, and other obligations in these Terms will
survive termination of this Agreement. If any part of this Agreement is determined to be
invalid or unenforceable, then the invalid or unenforceable provision will be replaced
with a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of this Agreement will continue in effect. In the event any
content, information, or material on the Data and Software Products is in conflict with
this Agreement, this Agreement will control. Our failure to exercise or enforce any right
or provision of the Terms will not constitute a waiver of such right or provision. Any
waiver of any part of the Terms will be effective only with our written, signed consent.
These Terms are governed by and construed in accordance with the laws of the State of
California without reference to the principles of conflicts of laws thereof. The parties
expressly stipulate that the 1980 Convention on Contracts for the International Sale of
Goods will not apply, nor will the Uniform Computer Information Transactions Act.
11. Questions, Requests, and More Information.
If you have any questions about
WeatherFlow, the Data and Software Products, or would like request a written copy of
this Agreement, please contact us at any time:
WeatherFlow-Tempest Inc.
921 S Clyde Morris Blvd
32114 Daytona Beach, FL
1-844-968-3679
support@tempest.earth
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