AgCube

PLOUGHMAN ANALYTICS, INC - Ag Cube END-USER LICENSE AGREEMENT through MICROSOFT AZURE DATAMARKET This License Agreement (“the Agreement”) is a legal agreement between the registered end-user customer (“You”) and Ploughman Analytics (“Ploughman”) that licenses to You a data service provided via the Web (“the Service”). By clicking on the “Purchase” button, You agree to be bound by the terms of the Agreement. The Service is licensed, not sold, to You for use only under the terms of this Agreement. Ploughman reserves all rights not expressly granted to You. You assume sole responsibility for use and results obtained from Your use of the Service. If You do not agree to the terms of the Agreement, Ploughman is not willing to license the Service to You, and You must click “Cancel”. 1. OWNERSHIP. This is a license agreement and NOT an agreement for sale. Your rights to use the Service are specified in this Agreement, and Ploughman retains all rights not expressly granted to You in this Agreement. You acknowledge and agree that any copyright, patent right, trade secret right or other such property right relating to the Service inure solely to Ploughman. Termination of this License for any reason shall not terminate the other terms of this Agreement. All U.S. copyright laws and international treaties protect this Service. Nothing in the Agreement constitutes a waiver of Ploughman’s rights under U.S. or international copyright law or any other federal or state law. 2. GRANT OF LICENSE. Ploughman grants to You a non-exclusive, fully paid License to the Service, subject to the terms and conditions of this Agreement, subject to limitations stated in this Agreement. You may not assign, transfer or resell the Service, this Agreement or this License. 3. RESTRICTED USES. You may not (a) rent, lease, transfer, or otherwise grant rights to the Service to other individuals (including other companies); (b) use the Service or documentation except as granted by this Agreement; (c) disassemble, modify, decompile, decode, or reverse engineer the Service in any way. 4. OTHER USES. Products created using the Service including reports, maps, and other products for research or marketing efforts may be used for business purposes including those in support of sales of Your own products and services. These materials may be provided to third parties provided the third parties agree not to sublicense, resell, or otherwise disclose the data in accordance with “Restricted Uses” above. 5. SOFTWARE WARRANTY DISCLAIMER. THE SERVICE AND DOCUMENTATION ARE PROVIDED WITHOUT WARRANTY OTHER THAN THE WARRANTY THAT PLOUGHMAN WILL MAINTAIN 99.9% UPTIME. ALL DATA PROVIDED IS CORRECT TO THE BEST OF PLOUGHMAN’S KNOWLEDGE, BUT PLOUGHMAN DOES NOT GUARANTEE UNINTERRUPTED OR ERROR FREE OPERATION OF THE SERVICE. PLOUGHMAN IS NOT RESPONSIBLE FOR ANY CORRUPTION OF DATA, LOSS OF INFORMATION, OR CHANGES TO DATA BEYOND ITS CONTROL GIVEN THE NATURE OF THE SERVICE AND THE ORIGINAL DATA SOURCES. THE SERVICE IS PROVIDED "AS IS" WITHOUT OTHER EXPRESS OR ANY IMPLIED WARRANTIES. PLOUGHMAN EXCLUDES AND EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLOUGHMAN SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES YOU SUFFER OR ANY USER OF THE SERVICE SUFFERS. 6. LIMITED WARRANTY. YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS LIMITED WARRANTY IS A REFUND OF YOUR LICENSE FEE FOR THE PERIOD IMMEDIATELY COVERING THE BREACH. YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES. 7. LIABILITY. NEITHER PLOUGHMAN NOR ITS SUPPLIERS SHALL BE LIABLE FOR (A) INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF PLOUGHMAN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. 8. MISCELLANEOUS PROVISONS. This Agreement may not be modified by You except in writing signed by Ploughman and You. Ploughman reserves the right to change any part of this Agreement with or without notice. 9. TERMINATION. You may terminate this License at any time by destroying or erasing Your link to any element of the Service and so advising Ploughman. This license to the Service will automatically terminate if You fail to comply with the provisions of this Agreement. Ploughman may terminate the License at any time by delivering notice to You. 10. APPLICABLE LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the United States and, as appropriate, by the laws of the State of Illinois. Any claims brought under this Agreement shall be brought only in the courts of or serving Champaign County, Illinois.