BUWeatherViewer_License.zip
Contents
1. SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer O BACKUP COPY After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA you may keep the original media on which the SOFTWARE PRODUCT was provided by Bloomsburg University solely for backup or archival purposes If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER you may make any number of copies of the SOFTWARE PRODUCT solely for backup or archival purposes Except as expressly provided in this EULA you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT Backup and archival copies of the SOFTWARE PRODUCT are subject to the same limitations on sale or distribution as the SOFTWARE PRODUCT AUTOMATIC COMMUNICATIONS FEATURES The SOFTWARE PRODUCT consists of interactive Internet applications that perform a variety of communications over the Internet as part of its normal operation A number of communications features are automatic and are enabled by default By installing and or using the SOFTWARE PRODUCT you consent to the SOFTWARE PRODUCT s communications features You may be required to register the SOFTWARE PRODUCT which sends all required and all filled optional fields2. agreement between you and Bloomsburg University relating to the Software and the support services if any and they supersede all prior or contemporaneous oral or written communications proposals and representations with respect to the Software or any other subject matter covered by this EULA To the extent the terms of any Bloomsburg University policies or programs for support services conflict with the terms of this EULA the terms of this EULA shall control
3. of user information to Bloomsburg University s servers You are responsible for any telecommunications or other connectivity charges incurred through use of the Software INTELLECTUAL PROPERTY RIGHTS All title and intellectual property rights in and to the Software including but not limited to any images photographs animations video audio music text and applets incorporated into the Software the accompanying printed materials and any copies of the Software are owned by Licensor or its suppliers All title and intellectual property rights in and to the content that is not contained in the Software but may be accessed through use of the Software is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties This EULA grants You no rights to use such content If this Software contains documentation that is provided only in electronic form you may print any number of copies of such electronic documentation You may also make any number of copies the printed materials accompanying the Software for backup and archival purposes only Printed backup and archival copies of electronic documentation are subject to the same limitations on sale or distribution as the SOFTWARE PRODUCT All rights not specifically granted under this EULA are reserved by Licensor and its suppliers LIMITED WARRANTY NOTE IF YOU LICENSED THE SOFTWARE FROM A HARDWARE MANUFACTURER AS
4. the remedy elected by Bloomsburg University without charge except that you are responsible for any expenses you may incur e g cost of shipping the Software to Bloomsburg University This Limited Warranty is void if failure of the Software has resulted from accident abuse misapplication abnormal use or a virus Any replacement Software will be warranted for the remainder of the original warranty period or thirty 30 days whichever is longer Outside the United States or Canada neither these remedies nor any product support services offered by Bloomsburg University are available without proof of purchase from an authorized international source To exercise your remedy contact Bloomsburg University 400 E Second Street Bloomsburg PA 17815 1301 DISCLAIMER OF WARRANTIES The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties if any created by any documentation or packaging Except for the Limited Warranty and to the maximum extent permitted by applicable law Bloomsburg University and its suppliers provide the Software and support services if any AS IS AND WITH ALL FAULTS and hereby disclaim all other warranties and conditions either express implied or statutory including but not limited to any if any implied warranties duties or conditions of merchantability of fitness for a particular purpose of accuracy or completeness of responses of results of
5. workmanlike effort of lack of viruses and of lack of negligence all with regard to the Software and the provision of or failure to provide support services ALSO THERE IS NO WARRANTY OR CONDITION OF TITLE QUIET ENJOYMENT QUIET POSSESSION CORRESPONDENCE TO DESCRIPTION OR NON INFRINGEMENT WITH REGARD TO THE Software EXCLUSION OF INCIDENTAL CONSEQUENTIAL AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL Bloomsburg University OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION FOR BUSINESS INTERRUPTION FOR PERSONAL INJURY FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA EVEN IN THE EVENT OF THE FAULT TORT INCLUDING NEGLIGENCE STRICT LIABILITY BREACH OF CONTRACT OR BREACH OF WARRANTY OF ANY SUPPLIER AND EVEN IF Bloomsburg University OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ENTIRE AGREEMENT This EULA including any addendum or amendment to this EULA which is included with the Software is the entire
6. A COMPONENT OF A Bloomsburg University SOFTWARE PRODUCT PLEASE REFER TO THE LIMITED WARRANTIES LIMITATION OF LIABILITY AND OTHER SPECIAL PROVISION APPENDICES PROVIDED WITH OR IN SUCH OTHER Bloomsburg University SOFTWARE PRODUCT SUCH LIMITED WARRANTIES LIMITATIONS OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA AND SHALL SUPERSEDE ALL OF THE WARRANTIES LIMITATIONS OF LIABILITY AND OTHER SPECIAL PROVISIONS SET FORTH BELOW 3 FOR SOFTWARE LICENSED DIRECTLY FROM Bloomsburg University THE FOLLOWING SECTIONS APPLY LIMITED WARRANTY FOR SOFTWARE Bloomsburg University warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety 90 days from the date of receipt If an implied warranty or condition is created by your country state jurisdiction and federal or state provincial law prohibits disclaimer of it you also have an implied warranty or condition BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY NINETY DAYS AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY 90 DAY PERIOD THERE IS NO WARRANTY OR CONDITION OF ANY KIND Some states jurisdictions do not allow limitations on how long an implied warranty or condition lasts so the above limitation may not apply to you Any supplements or updates to the Software including without limitation any if any service packs or hot fixes provided to you after the expiration of the ninety 90 d
7. Bloomsburg Weather Viewer Freeware End User License Agreement For All SOFTWARE PRODUCTS of Bloomsburg University IMPORTANT READ CAREFULLY and PRINT FOR YOUR REFERENCE This End User License Agreement EULA is a legal agreement between you either an individual person or a single legal entity who will be referred to in this EULA as You and Bloomsburg University It includes any associated media printed materials and electronic documentation the Software The Software also includes any software updates add on components web services and or supplements that Bloomsburg University may provide to You or make available to You after the date You obtain Your initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use By installing copying downloading accessing or otherwise using the Software You agree to be bound by the terms of this EULA If You do not agree to the terms of this EULA do not install access or use the Software For purposes of this EULA the term Licensor refers to Bloomsburg University except in the event that You acquired the Software as a component of a Bloomsburg University SOFTWARE PRODUCT originally licensed from the manufacturer of your computer system or computer system component then Licensor refers to such a hardware manufacturer By installing copying downloading accessing or otherwise using the Software You agree to be bound by the term
8. ay Limited Warranty period are not covered by any watranty or condition express implied or statutory LIMITATION ON REMEDIES NO CONSEQUENTIAL OR OTHER DAMAGES Your exclusive remedy for any breach of this Limited Warranty is as set forth below Except for any refund elected by Bloomsburg University YOU ARE NOT ENTITLED TO ANY DAMAGES INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES if the Software does not meet Bloomsburg University s Limited Warranty and to the maximum extent allowed by applicable law even if any remedy fails of its essential purpose The terms of the section below Exclusion of Incidental Consequential and Certain Other Damages are also incorporated into this Limited Warranty Some countries states jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you This Limited Warranty gives you specific legal rights You may have others which vary from state jurisdiction to state jurisdiction YOUR EXCLUSIVE REMEDY Bloomsburg University and its suppliers entire liability and your exclusive remedy shall be at Bloomsburg University s option from time to time exercised subject to applicable law a return of the price paid if any for the Software or b repair or replacement of the Software that does not meet this Limited Warranty and that is returned to Bloomsburg University with a copy of your receipt You will receive
9. rom the use or distribution of Software as modified by You o Bloomsburg University respects the rights of external providers of weather data and the proper use of the software does not violate those rights You cannot copy external weather data in order to sell or give away copies or for any commercial purpose Using the Software will create cached copies of weather data The copy will be a temporary copy of an asset external to the Software created solely for private and personal use Federal copyright laws prohibit the unauthorized reproduction distribution or exhibition of copyrighted materials if any contained in the temporary copy The resale reproduction distribution or commercial exploitation of the temporary copy is strictly forbidden We ask you to respect the rights of copyright holders 2 DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS Limitations on Reverse Engineering Decompilation and Disassembly You may not reverse engineer decompile or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation Trademarks This EULA does not grant You any rights in connection with any trademarks or service marks of Licensor or its suppliers No rental leasing or commercial hosting You may not rent lease lend or provide commercial hosting services to third parties with the Software Support Services Licensor may provide You with s
10. s of this EULA If You do not agree to the terms of this EULA Licensor is unwilling to license the Software In such event You may not install copy download or otherwise use the Software SOFTWARE LICENSE The Software is protected by intellectual property laws and treaties The Software is licensed not sold 1 This EULA grants you the following rights o Systems Software You may install and use any number of copies of the SOFTWARE PRODUCT on any number of Your computers o Storage Network Use You may also store or install any number of copies of the SOFTWARE PRODUCT on a storage device such as a network server used only to install run or serve the SOFTWARE PRODUCT on Your other COMPUTERS over an internal network Restrictions o You may not sell license or distribute copies of the Software on a stand alone basis or as part of any collection product or service to the inclusion of situations where the primary value of the product or service is not the Software o You may not use or distribute any of the Software that include representations of identifiable individuals governments logos initials emblems trademarks or entities for any commercial purposes or to express or imply any endorsement or association with any product service entity or activity o You must indemnify hold harmless and defend Bloomsburg University from and against any claims or lawsuits including attorneys fees that arise from or result f
11. upport services related to the Software Support Services Use of Support Services is governed by the policies and programs described in the user manual in online documentation or in other materials from the support services provider Any supplemental software code provided to You as part of the Support Services are considered part of the Software and subject to the terms and conditions of this EULA You acknowledge and agree that Licensor may use information You provide to Licensor as part of the Support Services for its business purposes including for product support and development For Software licensed from the hardware manufacturer please refer to the manufacturer s support number and address provided in Your hardware documentation Termination Without prejudice to any other rights Licensor or its suppliers may terminate this EULA if You fail to comply with the terms and conditions of this EULA In such event You must destroy all copies of the Software and all of its component parts UPGRADES If the SOFTWARE PRODUCT is labeled as an upgrade you must be properly licensed to use a product identified by Bloomsburg University as being eligible for the upgrade in order to use the SOFTWARE PRODUCT A SOFTWARE PRODUCT labeled as an upgrade replaces and or supplements the product that formed the basis for your eligibility for the upgrade You may use the resulting upgraded product only in accordance with the terms of this EULA If the
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BUWeatherViewer_License.zip