Definitions

The "SOFTWARE PRODUCT" is all files included with the HAMweather distribution archive as well as all files produced as a result of the installation scripts. The "SOFTWARE PRODUCT" also includes the HAMweather name and logo included with the HAMweather package. The provisions of this License Agreement applying to the "SOFTWARE PRODUCT" also apply to all derivative works of the "SOFTWARE PRODUCT." The actual Forecasts used and output by HAMweather are Public domain and cannot be copyrighted.

The "LICENSEE" is the individual who downloads or receives the SOFTWARE PRODUCT unless the individual designates another to be the "LICENSEE" prior to initiating installing HAMweather.

"HAMweather, LLC" is HAMweather, LLC, Woodstock, Georgia, which is the sole owner of the copyright and all other rights in and to the SOFTWARE PRODUCT.

"LICENSE FEES" are monies paid from the LICENSEE to HAMweather, LLC for the right to invoke this License Agreement for a specific implementation of the SOFTWARE PRODUCT.

"PLUG-INS" are applications modules created by HAMweather, LLC or third parties that allow you to extend the capabilities of the SOFTWARE PRODUCT with out the need of modifying or making additions to the SOFTWARE PRODUCT itself. PLUG-INS not created by HAMweather, LLC are not considered part of the SOFTWARE PRODUCT and may have a license for their own usage. PLUG-INS created by HAMweather, LLC are considered to be part of the SOFTWARE PRODUCT.

"DATABASES" includes but is not limited to all supporting data files and data structures that are made available through the HAMweather, LLC to the LICENSEE.  DATABASES are considered part of the SOFTWARE PRODUCT.

"DISTINCT IMPLEMENTATION" is each separate install of the HAMweather 3 Software Suite and/or separate domains that use a single HAMweather software Suite installationk, you must purchase a license.  

"SINGLE DOMAIN" is defined as either a single top level domain (TLD) or any single 3rd level subdomain of a TLD. For example. www.mydomain.com, www.mydomain.net, mysite.mydomain.com and yoursite.mydomain.com are examples of four single domains.

"THIRD PARTY APPLICATION" are applications written or offered by third parties that may or may not use output from the SOFTWARE PRODUCT.

Application of License

By downloading or receiving the SOFTWARE PRODUCT, or by installing the SOFTWARE PRODUCT onto any machine, or by using the SOFTWARE PRODUCT or any portion of the SOFTWARE PRODUCT in any way, the LICENSEE agrees to be bound by the terms of this License Agreement.

The LICENSEE is responsible for ensuring that the terms of the License Agreement are upheld and the LICENSEE is responsible for any violations of the License Agreement whether or not the LICENSEE authorized the infringements of the License Agreement.

National Weather Service Disclaimer

HAMweather uses information obtained from the National Weather Service and the National Oceanic Atmospheric Administration (NOAA).  The National Weather Service (NWS) and NOAA require a disclaimer as seen below.  The disclaimer in full can be viewed at http://weather.noaa.gov/disclaimer.html 

About the information on this U.S. Government server
This server provides current documented information about meteorological and hydrological data generated by the NWS or received from other official sources. It is for use by the national and international meteorological and hydrological community. This server has access to a selection of current weather observations, forecasts, warnings, graphical charts, and satellite images which are available from offical government sources. This server is however not an official source for these products.

Use of Data and Products
The information on government servers are in the public domain, unless specifically annotated otherwise, and may be used freely by the public. This information shall not be modified in content and then presented as offical government material.

As required by 17 U.S.C. 403, third parties producing works consisting predominantly of the material appearing in NWS Web pages must provide notice with such subsequently produced work(s) identifing such incorporated material and stating that such material is not subject to copyright protection.

Environmental  Disclaimer/Copyright

HAMweather uses information obtained from the Environmental Canada for producing the candian forecasts (Current conditions for Canada come from the National Weather Service though). The Environmental Canada disclaimer/copyright in full can be viewed at http://www.ec.gc.ca/copy_e.html 

Permitted Uses

Provided that any required LICENSE FEES have been paid, this License Agreement allows the LICENSEE to download the SOFTWARE PRODUCT for the purpose of installing the SOFTWARE PRODUCT on the LICENSEE'S SINGLE DOMAIN or for the purpose of examining the source code of the SOFTWARE PRODUCT to evaluate its future use on the LICENSEE'S SINGLE DOMAIN. The LICENSEE may install the SOFTWARE PRODUCT one or more times onto a WWW server. The LICENSEE may also retain one copy of the distribution of the SOFTWARE PRODUCT for archival purposes provided that this archive is not redistributed in any way.

The LICENSEE must display the phrase "Powered by HAMweather" and a link to hamweather.com in all output from the SOFTWARE PRODUCT, on all SINGLE DOMAINs that use the output from the SOFTWARE PRODUCT and all THIRD PARTY APPLICATIONS that use the output from the SOFTWARE PRODUCT, unless required LICENSE FEES have been paid. The following provide examples of usage and the required licenses:

• Using the output from the SOFTWARE PRODUCT on a SINGLE DOMAIN requires a single license, unless the required phrase and link to hamweather.com are displayed on the SINGLE DOMAIN.
• Using the output from the SOFTWARE PRODUCT on multiple SINGLE DOMAINS requires a license for for each SINGLE DOMAIN that does not display the required phrase and link to hamweather.com.
• Using the output from the SOFTWARE PRODUCT to offer data feeds via, but not limited too, XML, RSS, JavaScript, Macromedia Flash or other THIRD PARTY APPLICATION requires a license for each SINGLE DOMAIN or THIRD PARTY APPLICATION installation that uses the data feed or an ENTERPRISE LICENSE obtained by the LICENSEE.
• Using the output from the SOFTWARE PRODUCT in THIRD PARTY APPLICATIONS, such as but not limited too, desk top applications, requires the LICENSEE display the required phrase and link to hamweather.com in the THIRD PARTY APPLICATION whenever output from the SOFTWARE PRODUCT is used or displayed, unless the LICENSEE has obtained an ENTERPRISE LICENSE.

Prohibited Uses

The LICENSEE agrees not to do any of the following unless previously authorized in writing by HAMweather, LLC, as doing the following would violate this License Agreement and be grounds for the termination of this License Agreement and possible legal action as described in this License Agreement.

• Making available for download or otherwise copying or redistributing the SOFTWARE PRODUCT
• Selling, renting, or leasing the SOFTWARE PRODUCT to any individual or organization
• Including on any distribution medium (such as a CD-ROM or bundled within a software package) the SOFTWARE PRODUCT
• Installing the SOFTWARE PRODUCT on more than one WWW server or implementing the SOFTWARE PRODUCT more than one time on a WWW server, without a sufficient number of Licenses to do so
• Using any portion of the SOFTWARE PRODUCT in any other application or redistributing the SOFTWARE PRODUCT under the same or another name. 
• PLUG-INS may use portions of the SOFTWARE PRODUCT but the PLUG-IN distribution may not redistribute any portion of the SOFTWARE PRODUCT under the same name or another name. 

Copyright Notices and Program Credits

Copyright notices included within the CGI scripts and source files of the SOFTWARE PRODUCT may never be modified, appended, or removed without the prior expressed written consent of HAMweather, LLC, regardless of whether the LICENSEE has paid any LICENSE FEES for the implementation of the SOFTWARE PRODUCT.

The LICENSEE is not permitted to modify, append, or remove any copyright notices or program credits appearing within the visual interface of the SOFTWARE PRODUCT. This includes, but is not limited to, copyright notices on documentation pages and the "Program Credits" page. Removing links to such copyright notices and program credits is similarly prohibited. HAMweather, LLC reserves the right to publish conditions under which copyright notices or program credits can be removed from the visual interface and to specify the extent of the removal of the same.

The following items are not considered to be copyright notices or program credits and may be removed or modified at the discretion of the LICENSEE: the HAMweather logo.

The following items are considered to be copyright notices or program credits and may only be removed or modified if required LICENSE FEES have been paid: The "Powered By HAMweather" message and associated HTML link to HAMweather in all output from the SOFTWARE PRODUCT and on each SINGLE DOMAIN that uses the output from the SOFTWARE PRODUCT.

Modifications or Additions

HAMweather, LLC strongly discourages the use or creation of any modifications or additions to the SOFTWARE PRODUCT. Any modifications or additions to the SOFTWARE PRODUCT are subject to the following provisions:

1. The LICENSEE may modify in any way desired the SOFTWARE PRODUCT for the LICENSEE'S own use, except that copyright headers and credits cannot be removed except as otherwise provided in this License Agreement.
2. Any modifications containing portions of the SOFTWARE PRODUCT or causing any portion of the SOFTWARE PRODUCT to be executed, evaluated, or otherwise used in any way, are considered derivative works of the SOFTWARE PRODUCT. Hence, these modifications are subject to all terms of this License Agreement, and consequently cannot be redistributed or sold. Thus, no person, organization, or entity shall distribute any modification or addition to the SOFTWARE PRODUCT that uses any portion of the SOFTWARE PRODUCT in any way.
3. By making any modification or by otherwise installing any third-party modifications to the SOFTWARE PRODUCT, the LICENSEE voids the limited warranty and any obligation of support on behalf of HAMweather, LLC, whether express or implied. HAMweather, LLC specifically disclaims all warranties, express or implied, if any portion of the SOFTWARE PRODUCT has been modified except as documented in the SOFTWARE PRODUCT'S accompanying documentation.
4. HAMweather, LLC makes no guarantee that the underlying code or data structure will be maintained in future upgrades to the SOFTWARE PRODUCT. The LICENSEE agrees that HAMweather, LLC retains the absolute right to modify future versions of the SOFTWARE PRODUCT as HAMweather, LLC sees fit, whether or not such modifications are compatible with any modifications made by the LICENSEE. HAMweather, LLC retains this right in all circumstances, even if the LICENSEE has the right under arrangements with HAMweather, LLC to download and install future upgrades of the SOFTWARE PRODUCT. HAMweather, LLC is under no obligation whatsoever to modify the SOFTWARE PRODUCT or to instruct the LICENSEE or anyone else how to modify the SOFTWARE PRODUCT.
5. HAMweather, LLC encourages that any modifications or additions made that enhance the SOFTWARE PRODUCT be submitted to HAMweather, LLC for possible inclusion in a future version of the SOFTWARE PRODUCT.

Limited Warranty

Provided that LICENSE FEES have been paid by the LICENSEE, HAMweather, LLC warrants that the SOFTWARE PRODUCT will perform according to its documentation for a period of 30 days commencing upon payment of such LICENSE FEES. Should HAMweather, LLC breach the limited warranty agreement, HAMweather, LLC will, at its discretion, repair, replace, or provide instructions for repair of the SOFTWARE PRODUCT, or return any LICENSE FEES to the LICENSEE. In this sense, HAMweather, LLC offers 30 days of free technical support to the LICENSEE for the sole purpose of causing the SOFTWARE PRODUCT to perform according to its documentation. In no case shall the liability of HAMweather, LLC exceed the LICENSE FEES paid by the LICENSEE. This limited warranty is not offered if LICENSE FEES have not been paid by the LICENSEE.

This is the only warranty of any kind guaranteed by HAMweather, LLC. Except for this limited warranty, the SOFTWARE PRODUCT is provided on an "as is" basis, and the LICENSEE accepts the SOFTWARE PRODUCT "with all faults." Should the SOFTWARE PRODUCT prove defective, the LICENSEE and not HAMweather, LLC assumes the entire cost of service and repair. In addition, the security mechanisms implemented in SOFTWARE PRODUCT have inherent limitations, and HAMweather, LLC does not warrant that the SOFTWARE PRODUCT will withstand all attacks. To the maximum extent permitted by applicable law, HAMweather, LLC disclaims all other warranties, either express or implied. Particularly, HAMweather, LLC makes no warranty of title, no warranty against infringement, no warranty of merchantability, and no warranty of fitness for a particular purpose. This warranty gives you specific legal rights, and you may have other legal rights that vary by jurisdiction.

The SOFTWARE PRODUCT is not fault-tolerant and is not designed for use in high-risk activities in any environment where the SOFTWARE PRODUCT could lead to injury or death. HAMweather, LLC specifically disclaims any warranties, express implied, of fitness for high-risk activities.

In no event shall HAMweather, LLC be liable for any damages in excess of LICENSE FEES paid (including without limitation, special, direct, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of information, loss of data, and any other pecuniary loss) arising from the installation or any use of this SOFTWARE PRODUCT or any installation or use of PLUG-INS not created by HAMweather, LLC.

The LICENSEE voids this limited warranty by performing any of the following actions:

1. Modifying any part of the SOFTWARE PRODUCT except as documented in the documentation that accompanies the SOFTWARE PRODUCT. This includes, but is not limited to, the CGI scripts, the message files that are produced by or installed with the program, the templates that accompany the program, and any configuration files generated by the program or required for installation. Should any other person or any automatic process (including but not limited to web site publishing software or third-party scripts which directly or indirectly access or write any of the files constituting part of the SOFTWARE PRODUCT) perform such modifications, the LICENSEE is deemed to have performed such modifications and thus the limited warranty is void.
2. Breaching any portion of this License Agreement.
3. Failing to promptly register the implementation of the SOFTWARE PRODUCT with HAMweather, LLC following its implementation the LICENSEE'S site.
4. Deleting or moving (intentionally or inadvertently) any file provided with, created by, or used by the SOFTWARE PRODUCT.
5. Failing to meet the system requirements for the LICENSEE'S server as stated on the HAMweather download page for the version of the SOFTWARE PRODUCT that the LICENSEE is attempting to install.
6. Failing to pay required LICENSE FEES in a timely manner for the LICENSEE'S implementation of the SOFTWARE PRODUCT, in which case the LICENSEE not only voids the limited warranty, but also breaches this License Agreement and is also subject to other provisions of this License Agreement.

Site Content

The LICENSEE alone, not HAMweather, LLC, bears the entire responsibility for the content of any internet site, even if the LICENSEE is using the SOFTWARE PRODUCT as part of that internet site. In no way shall HAMweather, LLC be liable or responsible for the content of any LICENSEE'S site, including but not limited to any data created by users of the SOFTWARE PRODUCT.

Title and Copyright

The SOFTWARE PRODUCT remains the property of HAMweather, LLC. The SOFTWARE PRODUCT is licensed, not sold. By paying LICENSE FEES, the LICENSEE is granted the right to use the SOFTWARE PRODUCT as described in this License Agreement, but the LICENSEE does not assume any rights of ownership or other rights in and to the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is copyright © 1997-2001 by HAMweather, LLC, all rights reserved, HAMweather, LLC having obtained the copyright from HAMnet Consulting whose name remain on older versions of the SOFTWARE PRODUCT. The LICENSEE of this SOFTWARE PRODUCT gains the right to use the copyrighted software but does not gain ownership of the copyright or of the SOFTWARE PRODUCT.

Consequences of License Violations

Should the LICENSEE use unlicensed copies of the SOFTWARE PRODUCT without the expressed written consent of HAMweather, LLC, the LICENSEE is in violation of this License Agreement. If the LICENSEE was using any portions of the SOFTWARE PRODUCT which ordinarily require the payment of LICENSE FEES, the LICENSEE agrees to pay to HAMweather, LLC the LICENSE FEES necessary to license the unlicensed implementation according to the schedule of LICENSE FEES available at the time from the HAMweather, LLC web site. Additionally, HAMweather, LLC may require that the LICENSEE immediately and entirely remove any implementation of the SOFTWARE PRODUCT that is in breach of this License Agreement. In addition, the LICENSEE shall be liable for the payment to HAMweather, LLC of attorney's fees, court costs, punitive damages, and any other legal remedy appropriate for the situation.

Should the LICENSEE distribute, sell, or otherwise make available any portion of the SOFTWARE PRODUCT or any modification which is determined to be the SOFTWARE PRODUCT according to any other sections of this License Agreement, the LICENSEE shall be liable for the payment to HAMweather, LLC of the equivalent cost of LICENSE FEES for the SOFTWARE PRODUCT or for all monies collected by the LICENSEE in violation of this License Agreement, whichever is more. In addition, the LICENSEE shall be liable for the payment to HAMweather, LLC of attorney's fees, court costs, punitive damages, and any other legal remedy appropriate for the situation.

Termination

HAMweather, LLC may, at any time, terminate the License Agreement if HAMweather, LLC determines that the License Agreement has been breached. If the termination of License Agreement occurs as a result of a violation by the LICENSEE or another person, the LICENSEE must immediately remove all files from his or her implementation of the SOFTWARE PRODUCT and all links to the same.

In no case shall HAMweather, LLC be responsible for paying to the LICENSEE or anyone else any amount of money, even if the termination of the license diminishes or eliminates revenue raised by the implementation of the SOFTWARE PRODUCT. In no case shall HAMweather, LLC be responsible for refunding any LICENSE FEES, regardless of the reason for termination of this License Agreement, except as provided in the limited warranty section of this License Agreement.

Transfer of License

The LICENSEE is not permitted to transfer this License to any other individual or institution without the expressed written consent of HAMweather, LLC.

Without prior written consent of HAMweather, LLC, the LICENSEE may not act as a reseller who sells or otherwise distributes Licenses for the SOFTWARE PRODUCT. Under this License, HAMweather, LLC reserves the right to develop a separate agreement applying to such reselling activities, and such an agreement, if entered into by HAMweather, LLC and the LICENSEE, would supercede this License Agreement as defined in the separate agreement.

Jurisdiction

This License Agreement is governed by the laws of the State of Georgia located in the United States of America. Both the LICENSEE and HAMweather, LLC submit to the jurisdiction of the courts of the State of Georgia. Both the LICENSEE and HAMweather, LLC agree to commence any litigation that may arise hereunder in the courts located in the Judicial District of Fulton County in the State of Georgia.