Seasonal climate forecasts for agriculture
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SoftwareWeather Logistics Ltd is the developer, owner and responsible party for its applications, products and services provided on its website and any promoted Smart M.App product(s). Weather Logistics Ltd is the responsible party for end-user support and contact. Some of our products are distributed and marketed by its software partner, Hexagon GeoSpatial, is neither responsible for the content of our applications, warranty or end-user support obligations. Either the owner or third parties reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, particular software products or the support associated with them with or without notice. You agree that WeatherLogistics.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of such software products or support services. Seasonal climate forecasts are developed to provide the end-user (customer) with the most accurate end-product, given the limitations of the methods involved. Please note that no liability will be accepted for any loss or damage resulting from inaccurate seasonal weather forecasts. In addition, no discount will ever be issued to customers that are dissatisfied with the quality or accuracy of information reported in any forecast report. Weather Logistics UK guarantees that the forecasting system used to produce the end product is unique in its design. Any attempt to replicate or copy the methods used may result in legal action, as the content produced by Weather Logistics Ltd is bound by intellectual property rights.
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NO LIABILITYWeather Logistics' seasonal climate predictions make use of public and open data, without acknowledge, for commercial use with exception to the use of data (1) Generated using Copernicus Climate Change Service information 2017 - present and (2) UK Climate Projection data Crown Copyright 2009 ©. The UK Climate Projections data have been made available by the Department for Environment, Food and Rural Affiards (Defra) and Department for Energy and Climate change (DECC) under license from the Met Office, Newcastle University, University of East Anglia and Proudman Oceanographic Laboratory. These organisations accept no responsibility for any inaccuracies or omissions in the data, not for any loss or damage directly or indirectly caused to any person or body by reason of, or arising out of, any use of this data.
Our software partner, Hexagon GeoSpatial, accepts no liability for indirect, special, and consequential damages that an end-user may incur related to the use of a Smart M.App Application that is caused by the introduced party (Weather Logistics Ltd.).
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SOFTWARE LICENSE AGREEMENTClimate-Smart Crop © Climate-Smart Observations © Climate-Smart Forecasts © ("Applications") Weather Logistics Ltd. ("Owner")
1. The Application and license granta. Ownership. The Applications are proprietary to Owner and is protected by intellectual property laws and international intellectual property treaties. The Owner is the distributor of these Applications. The Owner may be contacted by email at email@example.com or by phone at +44(0)115 8232744.
b. Parties. The parties to this License Agreement are Owner and you. We both acknowledge that Owner is the only potentially liable party relating to your claims arising out of the possession, licensure, or use of the Applications, such as product liability claims, intellectual property infringement claims, failure of our Smart M.App Applications to comply with any applicable or regulatory requirement(s), mandatory or statutory warranties, and/or claims related to consumer protections or product liability.
c. Commissionaire. Hexagon Geospatial is appointed by Owner as the commissionaire for the marketing and delivery of our Applications. Hexagon Geospatial has no other obligations related to our Applications and is not a party to this License Agreement.
d. License. Your access and use of our Applications is licensed and not sold. In consideration for your payment of and use of our Applications, Owner agrees to provide you with a limited, non-exclusive, limited duration, subscription license to the Applications, subject to the terms and limitations set forth in this License Agreement for the term that your subscription purchase determines beginning on the date you first purchase your subscription. The subscription term will be provided to you at the time of purchase.
e. License Restrictions. You may not decompile, disassemble, or reverse engineer the Application. You may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, or otherwise make unauthorized or unlawful use of the Applications.
2. Maintenance and SupportYou agree that from time to time our Applications may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs Owner may undertake from time to time; or (iii) causes beyond the control of Owner or which are not reasonably foreseeable by Owner. All support (if any) for our Applications will be provided to you by Owner. Hexagon Geospatial is not responsible for any warranty or support obligations to you. Owner will provide limited email and telephone support for all licenses uses of our Applications for the duration of the subscription.
Owner will provide limited email and telephone support for all licenses uses of this Application for the duration of the subscription.
3. Representations and WarrantiesYou represent and warrant to Owner that: (a) you are over the age of eighteen (18) and you have the power and authority to enter into and perform your obligations under this License Agreement; (b) you shall comply with all terms and conditions of this License Agreement, including, without limitation, the Acceptable Use Policy set forth in Section 4 below; and (c) you have provided accurate and complete information to Owner by and through the Commissionaire, including, but not limited to, your legal name, address, telephone number, and billing information.
4. Acceptable Use PolicyYou are solely responsible for any and all acts and omissions that occur under your use of our Applications, and you agree not to engage in unacceptable use of our Applications, which includes, without limitation, use of our Applications to: (a) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, reexport or permit downloading of any data, code (in object or source form), or any content (i) in violation of any applicable export or import law, regulation, or restriction including, but not limited to, the laws and regulations of the United States of American and its agencies or authorities, or (ii) without all required approvals, licenses, or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts using our Applications or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by the Owner to be in conflict with the spirit or intent of this License Agreement.
Owner intends to use the personally identifiable information to provide a detailed analysis of the users local farm, and customer contact details for marketing. The Owner agree to submit the personally identifiable information.
Your personally identifiable information is stored or transmitted in the following manner(s) for any other use outside of any of our applications.
You may not Ňopt-outÓ of the collection and sharing of personally identifiable information.
6. TerminationThis License Agreement is effective upon your acceptance as set forth herein and shall continue in full force until your subscription ends or is otherwise terminated. Owner reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Application; (b) suspend your access to or use of all or any portion of the Application; and (c) terminate this License Agreement.
7. Warranty Disclaimer or WarrantiesTHE APPLICATIONS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATION IS AT YOUR SOLE RISK. OWNER DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES OWNER MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE APPLICATION. OWNER MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE APPLICATION. UNDER NO CIRCUMSTANCES IS HEXAGON GEOSPATIAL LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, AND /OR CONSEQUENTIAL DAMAGES THAT YOU MAY INCUR RELATED TO THE USE OF THE APPLICATION REGARDLESS OF THE CAUSE OF ACTION OR THEORY.
8. Limitation of LiabilityUNDER NO CIRCUMSTANCES SHALL OWNER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE APPLICATION AND TERMINATE THIS LICENSE AGREEMENT. THE MAXIMUM LIABILITY THAT OWNER SHALL BE RESPONSIBLE FOR SHALL BE LIMITED TO THE GREATER OF THE SUBSCRIPTION FEE (EXCLUDING ANY DATA FEES) PAID BY YOU FOR THE APPLICATION OR $50.00 USD. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT MAY BE BROUGHT BY YOU MORE THAN 12 MONTHS AFTER THE CAUSE OF ACTION HAS OCCURRED.
9. IndemnificationYou agree to indemnify, defend, and hold harmless Owner, its shareholders, directors, officers, employees, commissionaires, and agents (if any) from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this License Agreement; (b) your use of the Application, including any data or work transmitted or received by you; and (c) any libellous, slanderous, indecent or other statement concerning any person made or republished by you.
10. Export ComplianceYou acknowledge and agree that You are not (i) located in a country that is subject to a U.S. Government embargo; (ii) a person or entity listed on any U.S. governmental denial list, including, but not limited to the United States Department of Commerce Denied Persons, Entities, and Unverified Lists, the United States Department of Treasury Specially Designated Nationals List, and the United States Department of State Debarred List; (iii) using the Application in a use that is related to the design, development, production, or use of weapons or missiles, any high risk environment, including but not limited to aircraft or automobile safety devices or navigation, life support systems or medical devices, nuclear facilities, or other lawfully prohibited uses.
11. Compliance with regulations and lawsYou acknowledge and agree that in Your performance of Your obligations of this License Agreement, You will comply with all applicable laws, regulations, and policies. You agree that you will not seek any permission or make any determinations which might impose any obligations or limitations on Owner.
12. Miscellaneousa. Law. This License Agreement shall be governed by the laws of the United Kingdom.
b. Amendment. Owner shall have and retain the right to add to or modify the terms of this License Agreement, at any time by providing you with notice of any additions or modifications to the terms of this License Agreement.
c. Waiver and Severability. If any provision of this License Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
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