License & Copyright

Well before we can do anything we have ot go over some license and copyright info, that fun filled legal jargon.  Also, since HAMweather uses the forecasts and observations from the National Weather Service (NWS) and the   National Weather Service's  Interactive Weather Information Network(IWIN) take note to their proper disclaimers.   Canadian forecast our retrieved from the Canadian Meteorological Centre.

National Weather Service Disclaimers:

HAMweather and HAMweather Pro obtain forecasts and other information from the National Weather Service (NWS), the National Weather Service's  Interactive Weather Information Network(IWIN) and the Environmental Canada.  This weather information is public domain and cannot be copyrighted.  The NWS and IWIN have their own disclaimers as well:

HAMweather License Agreement for version 2.035 and higher

This license agreement applies to HAMweather 2.035 and higher, and replaces all previous license agreements offered by HAMweather, LLC or previously HAMnet Consulting. Anyone wishing to install HAMweather 2.0 beta 3.1 or higher must use this license agreement.


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 domian 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 installig HAMweather.

"HAMweather, LLC" is HAMweather, LLC, Blacksburg, Virginia, which is the sole owner of the copyright and all other rights in and to 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.  The National Weather Service (NWS) requires 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 ceom 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

This License Agreement allows the LICENSEE to download the SOFTWARE PRODUCT for the purpose of installing the SOFTWARE PRODUCT on the LICENSEE'S site or for the purpose of examining the source code of the SOFTWARE PRODUCT to evaluate its future use on the LICENSEE'S site. The LICENSEE may install the SOFTWARE PRODUCT more than once on more than one www server. The LICENSEE may also retain copies of the distribution of the SOFTWARE PRODUCT for archival purposes provided that this archive is not redistributed in any way.

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.

Copyright Notices and Program Credits

The 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 permitted to modify, append, or remove any credits appearing within the visual interface of the SOFTWARE PRODUCT, except that the HAMweather stamp on the weather maps must not be changed. 

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.

Modifications or Additions

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  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. HAMweather Themes are an exception to this provision.
  3. By making any modification or by otherwise installing any third-party modifications to the SOFTWARE PRODUCT, the LICENSEE voids 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 modifications made that enhance the product be submitted to HAMweather, LLC for possible inclusion in a future version.

Provided on an "as is" basis

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 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.

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 (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.

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.

Copyright

The SOFTWARE PRODUCT is copyright 2000 by HAMweather, LLC, all rights reserved.  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.

Jurisdiction

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