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WeatherBug Online Developer Terms and Conditions
Introduction and Consent to Terms
Non-Commercial and Personal Use
If you are accessing the WeatherBug API for free, then your use is considered to be limited to only personal, non-commercial uses.
Subject to the terms of this Agreement, WeatherBug grants you a non-exclusive, non-transferable license to use the weather information provided for free through this service. Use of weather information is strictly limited to your personal, non-commercial use only and not for the benefit of third parties. Your rights under this license will terminate automatically without notice from WeatherBug if you fail to comply with any term(s) of this license.
When used for personal non-commercial purposes you may use the WeatherBug Web API in any manner, including for scientific research or trial purposes before purchasing. All publicly displayed uses must be accompanied by appropriate attribution on the form of a "Powered by WeatherBug" notation.
Subject to the terms of this Agreement, WeatherBug grants you a non-exclusive, non-transferable license to use the weather information provided through this service. You may download and make a local copy of WeatherBug data for as long as your subscription remains active. Once your subscription expires, you must delete any local copies of WeatherBug data stored on your system. Your rights under this license will terminate automatically without notice from WeatherBug if you fail to comply with any term(s) of this license.
If you are interested in doing anything different than what is specifically permitted in these terms and conditions, you must first obtain WeatherBug's written consent. If you fail to do so, WeatherBug reserves the right to take legal action or suspend or revoke your access to the Service.
If you have questions on your contemplated use or if you have comments on the WeatherBug API or ideas on how to improve it, please email firstname.lastname@example.org. Please note that by doing so, you also grant WeatherBug permission to use and incorporate your ideas or comments into WeatherBug API without further compensation.
Any other use of WeatherBug content requires prior written permission from WeatherBug.
Legitimate uses only
You may only create a single account and must provide accurate identification, contact, and other information required as part of the registration process. You may not create any script or other automated tool that attempts to create multiple WeatherBug Web API accounts. And you may not use the WeatherBug Web API service with an existing product or service that competes with products or services offered by WeatherBug.
You may not use the WeatherBug Web API in any application where human life or property may be at stake. You understand that the WeatherBug Web API is not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which WeatherBug is not responsible. In addition, you may not sell, lease, or sublicense the WeatherBug Web API or access thereto.
You agree not to remove, obscure, or alter WeatherBug's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within WeatherBug API. You also acknowledge that WeatherBug owns all right, title and interest in and to WeatherBug API, including without limitation all intellectual property rights (the "WeatherBug Rights"). The WeatherBug Rights include rights to the following: (1) the API developed and provided by WeatherBug, and (2) the data and images you obtain when you use WeatherBug API. If your work results in WeatherBug data or images being made visible to others, such display must be accompanied by a copyright notice, and a WeatherBug logo. In addition, you shall indicate through the following textual attribution that a product or service that you created either used or is based on the WeatherBug API: "powered by WeatherBug". If applicable, this attribution must provide an html link to the http://weather.weatherbug.com/ web site.
WeatherBug reserves the right to place reasonable access restrictions on the number of requests that any one account can make to our servers. This limit is currently unlimited. WeatherBug reserves the right to change this limit, at any time, in its sole discretion.
So long as you comply with your obligations under this Agreement, you may indicate that a product or service that you created either used or is based on WeatherBug API provided that those products or services do not in WeatherBug's reasonable opinion (1) tarnish, infringe, or dilute WeatherBug's trademarks, (2) violate any applicable law, and (3) infringe any third-party rights. If you wish to use the WeatherBug trademark and/or logo in any other manner, you must first obtain WeatherBug's written consent.
Disclaimer of warranties
The WeatherBug Web API service is provided "as is," with no warranties whatsoever. WeatherBug expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. WeatherBug disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of WeatherBug API.
You understand and agree that you use WeatherBug API at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of WeatherBug API.
Limitation of liability
Under no circumstances shall WeatherBug be liable to any user on account of that user's use or misuse of WeatherBug API. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if WeatherBug has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the WeatherBug API, from inability to use WeatherBug API, or from the interruption, suspension, or termination of WeatherBug API (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
You hereby agree to indemnify, defend and hold WeatherBug, and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of WeatherBug API, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. WeatherBug reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to the conflict of laws or provisions of Maryland or your actual state or country of residence. Any dispute arising from these Terms and Conditions shall be adjudicated in the federal or state courts located in Montgomery County, Maryland. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by WeatherBug. We reserve the right to amend these Terms and Conditions from time to time, in our sole discretion.
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