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Weather Data ("we" or "us") grants you the non-exclusive
right to use the weather data produced by us, located at
(the "site"). In order to establish
the link, we also grant you a non-exclusive, non-transferable sublicense
to display, and you agree to display, our trade names, trademarks,
service names and service marks (our "Marks") on navigational
screens within your website to establish the link described above.
By accepting this Agreement, you also agree
to the following:
All uses of our links and data will not edit, alter, modify
or prepare any derivative work of the content on the site (the "Content")
or any portion of the site. You also will not vary or otherwise
change any of the Marks (including the size, color, location or
style of the Marks).
You will not, directly or indirectly, imply that we endorse, sponsor,
certify or approve of any of the information included on your web
site; nor will you take any other action that might adversely affect
the distinctive quality of our Marks, our public image or the widespread
acceptance associated with our Marks and our data and information.
In particular, you will not use our Marks on any web site that contains
content that is adult-themed, alcohol-related, gambling-related
or "get-rich-quick" or similar schemes.
We reserve the right to change or discontinue any or all segments
of the site without notice. We may terminate the licenses granted
here at any time, for any reason, or immediately upon a determination
by us that you have breached any of the terms and conditions contained
in this agreement. We are the sole owner of the Content including,
but not limited to, all copyrights, trademarks, trade names, service
marks and other proprietary rights. Upon termination of your rights
under this agreement, you will immediately remove all links to the
site that you may have established.
The Content is being provided "AS IS/WHERE IS". We make
no representations or warranties, implied or otherwise, of any kind
or nature with respect to the Content, including the accuracy or
timeliness of any of the information contained within the Content,
and we disclaim the same. We specifically disclaim any representation
or warranty regarding the accuracy or reliability of any weather
forecast or report.
In no event will we be liable to you, whether in contract or in
tort or under any other legal theory (including strict liability)
for any damages, including, but without limitation, direct or indirect,
special, incidental, punitive, exemplary, consequential, lost profits
or revenues or similar damages arising out of or in connection with
this agreement or your link to the site.
You may not assign the rights and licenses granted herein without
our prior written consent. This agreement is governed by the laws
of the State of Queensland. This agreement contains the entire agreement
between us and you relating to the subject matter hereof, and cannot
be modified or terminated except in a writing duly executed by both