- Data Service Free Trial Period.The trial period will begin on Your successful creation of an App through developer.accuweather.com and will extend for a period of six (6) months (“Trial Period”). You will not be charged for using the Data Service during this Trial Period. Upon the expiration or termination of the Trial Period, a commercial version of the APIs will be available upon contacting our sales team at firstname.lastname@example.org.
- Registration and Eligibility. The Data Service will be made available following Your registration and successful creation of an App. You will be issued an API Key (“Key”) to access the APIs. You agree to keep the Key confidential and take proper measures to safeguard it. No hardware, equipment or other software (other than developer.accuweather.com) will be provided by AccuWeather as part of the free trial and it shall be Your responsibility, at Your sole cost, to access developer.accuweather.com. The Data Service is intended for and available to any and all developers. Competitors of AccuWeather are strictly prohibited from using the Data Service. Competitors shall mean a company whose primary business consists of providing commercial weather reports, forecasts, graphics, data and other weather related information and equipment.
- Data Service Use and Limitations. (a) During Your trial of the Data Service, We will make certain reports, forecasts, data and weather information (“Content”) available through the APIs. Available Content will be determined by AccuWeather, at its sole discretion. (b) You acknowledge and agree that the Data Service is furnished to You and the Authorized Users solely for internal testing, development and evaluation purposes and may not be used for commercial purposes. (c) The number of calls to the Data Service will be limited to five hundred (500) per day; and (d) You will not engage in any illegal activity or incorporate any materials which infringe or help others infringe upon any copyright, trademark, patent, or other intellectual property rights of any third person.
- License to Use the Data Service. Our license for Your use of the Data Service is personal, revocable, non-exclusive, non-assignable, non-sublicensable, non-distributable and non-transferable. We grant no other licenses hereunder. You agree not to disassemble, decompile or otherwise reverse engineer the Data Service or any part thereof, in whole or in part, or permit or authorize a third party to do so.
- Termination. This Agreement is effective until the end of the Trial Period or until terminated. Either party may terminate this Agreement at any time upon written notice to the other. Developer’s rights under this Agreement shall terminate automatically without notice from AccuWeather should Developer fail to comply with any term(s) of this Agreement. Upon the termination of the Agreement, Developer shall cease all use of the Data Service and destroy the Key. Upon termination of this Agreement, Developer (a) acknowledges and agrees that all licenses and rights to use the Data Service and Key shall terminate, and (b) will cease any and all use of the Data Service, and (c) will remove the Data Service from all hard drives, networks and other storage media.
- Weather Content. While We take great pride in the accuracy and reliability of our Content, We cannot, and do not, make any express or implied warranties, guarantees or affirmations that weather information will occur or has occurred as the reports, forecasts, data, or information state, represent or depict and we shall have no responsibility or liability whatsoever to You or any other person or entity, parties and non-parties alike, for any inconsistency, inaccuracy, or omission for weather or events predicted or depicted, reported, occurring or occurred. You acknowledge that meteorology is an inexact science. The Government, from time to time, issues watches, warnings, advisories, bulletins and other communications for the general public. You may wish to keep advised of these notices. You and third parties, if any, are solely responsible for action taken to preserve life or property.
- We Offer no Warranties for the Data Service.You acknowledge and agree that We are providing You access to the Data Service solely for testing, development and evaluation purposes and Your use of the Data Service is at your sole risk. THE DATA SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, OR FOR ANY LOST REVENUES OR LOST PROFITS, UNDER ANY THEORY OF LIABILITY. You hereby indemnify and agree to hold AccuWeather and its third party providers harmless from and against any and all claims, demands, actions, and any liabilities, damages or expense resulting therefrom including court costs and reasonable attorney’s fees arising out of or relating to Your and the Authorized Employee’s use of the Data Service and Your obligations under this paragraph shall survive termination of this Agreement for any reason.
- AccuWeather Intellectual Property.AccuWeather retains all rights, title and interest, including rights of trademark, copyright, and patent, in those things defined herein as “Property of AccuWeather”. “Property of AccuWeather” is hereby defined to include all intellectual property rights, title and interest in (a) the Data Service, Key, Content, any reports, forecasts, graphics, data, equipment, distribution rights, and information furnished pursuant hereto; the trademark AccuWeather, identifiers embodying “ACCU” as all or a portion thereof; any tradenames, trademarks, service names, symbols, identifiers, URLs, formats, designs, devices, patents or other proprietary products, information or distribution rights owned by or licensed to AccuWeather, Inc. and (b) any other tradenames, trademarks, service marks, symbols, identifiers, URLs, formats, designs, devices, distribution rights, identifiers embodying “ACCU” as all or a portion thereof; any other tradenames, trademarks, service names, symbols, identifiers, URLs, formats, designs and devices, or distribution rights; as any may be used to designate the products and services furnished by AccuWeather, Inc. or used in connection with the products and services by either party. Licensee agrees to disclose to AccuWeather any uses of the Property of AccuWeather of which it becomes aware which fall outside the scope of the license granted hereunder and to either terminate the unlicensed use or work to secure a license from AccuWeather, Inc. for the use.
- Some Legal Details.You agree to submit to the Pennsylvania courts only in regard to any dispute arising out of or related to this letter agreement or the free trial of our Data Service, and You consent to the jurisdiction of said courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Pennsylvania law and that this paragraph shall supersede any conflicting choice of law rules.