PLEASE READ THIS MODULE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. INDICATE YOUR ACCEPTANCE
OF THESE TERMS BY SELECTING THE "I ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS AGREEMENT, SELECT THE "I DON'T ACCEPT" BUTTON AND THE INSTALLATION PROCESS
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1. License. With respect to the Using ASCAT Wind and Other Data in Marine Forecasting Module (the “Module”),
the University Corporation for Atmospheric Research (UCAR) grants you a non-exclusive, personal nontransferable,
world-wide, royalty-free License to access, link to and use, publish, distribute, disseminate, transfer, or in
any manner alter, modify, revise, crop, copy (an unlimited number of times), edit, digitize, and authorize such
uses for third parties solely for non-profit, training, research, or educational purposes and not for any direct
or indirect commercial purpose or advantage for non-commercial purposes.
2. Restrictions and Use. You shall not sell, or license or transfer for a fee the Module, or any work that in
any manner contains the Module.
3. Termination. Your rights under this Agreement will terminate automatically without notice from UCAR if you
fail to comply with any term(s) of this Agreement. You may terminate this Agreement at any time by destroying
the Module and any related documentation and any complete or partial copies thereof. Upon termination, all rights
granted under this Agreement shall terminate. The following provisions shall survive termination: Sections 2,
4, 5, and 11.
4. Proprietary Rights. Title, ownership rights, and intellectual property rights in the Module shall remain
in UCAR. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize,
limit or interfere in any manner with UCAR'S ownership of or rights with respect to the Module.
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risk. The Module is provided "AS IS" and without warranty of any kind and UCAR EXPRESSLY DISCLAIMS
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OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF A THIRD PARTY'S INTELLECTUAL PROPERTY, MERCHANTABILITY OR SATISFACTORY
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DEFECTS IN THE MODULE WILL BE CORRECTED. FURTHERMORE, UCAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AND YOU
ASSUME ALL RISK REGARDING THE USE OR THE RESULTS OF THE USE OF THE MODULE OR RELATED DOCUMENTATION IN TERMS OF
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advice given by UCAR or a UCAR authorized representative shall create a warranty or in any way increase the scope
of this warranty. Should the Module prove defective, you (and not UCAR or any UCAR representative) assume the
cost of all necessary correction.
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INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING LOST REVENUE, PROFIT OR DATA, WHETHER IN AN
ACTION IN CONTRACT OR TORT ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE MODULE, EVEN IF UCAR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Credit. The user must include an appropriate citation crediting UCAR and the COMET Program as the source
of all or any portion of this Module:
"The source of this material is the COMET® Website at http://meted.ucar.edu/ of the University Corporation
for Atmospheric Research (UCAR)), sponsored in part through cooperative agreement(s) with the National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce (DOC) ©1997-2010 University Corporation for Atmospheric Research.
All Rights Reserved."
8. Endorsement. The names UCAR/COMET may not be used in any advertising or publicity to endorse or promote any
products or commercial entity unless specific written permission is obtained from UCAR.
9. Export Law Assurances. The Module and any technical data delivered under this Agreement are subject to U.S.
export control laws and may be subject to export or import regulations in other countries. You agree to comply
strictly with all such laws and regulations and you acknowledge that you have responsibility to obtain such license
to export, re-export, or import as may be required after delivery to you.
10. No Support/Modifications. The Module is provided without any support or maintenance, and without any obligation
to provide you with modifications, improvements, enhancements, or updates of the Module.
11. Controlling Law and Severability. This Agreement shall be governed by the laws of the United States and
the State of Colorado. If for any reason a court of competent jurisdiction finds any provision, or portion thereof,
to be unenforceable, the remainder of this Agreement shall continue in full force and effect. This Agreement
shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded. |