This License Agreement (“License”) is made between Concept Elements, LLC (“CE”), an Illinois limited liability company and you (the individual who licenses this software or the entity that the individual duly represents). No distributor of the downloadable mobile application version of this software is a party to this License and CE is solely responsible for the software and the content of this License. This License applies to the downloadable mobile app and web-based versions (collectively and singularly, “Software”). The Software creates graphic representations of weather data from the United State Government. READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “I AGREE” BUTTON AT THE END OF THE LICENSE AND DO NOT INSTALL ANY PART OF THIS SOFTWARE.
1. Grant of Rights. The Software is licensed, not sold, to YOU by CE for use only under the terms of this License. The rights granted are limited to CE and its licensor’s intellectual property rights in the Software and data it graphically represents, weather forecasts. CE grants to YOU a nonexclusive, nontransferable, right to use the Software subject to the terms and conditions of this License. All rights not expressly granted here are reserved by CE.
2. Use Restrictions. YOU may not: transfer, sell, resell, assign, sublicense, modify, publicly display or distribute or otherwise commercially exploit the Software; attempt to reverse engineer, decompile, recompile or otherwise access its source code; use the Software for any third party’s benefit or allow any third party to access the Software; send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material which violates privacy rights; send or store material containing viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, bots or programs; interfere with or disrupt the integrity or performance of the Software; or attempt to gain unauthorized access to the Software. YOU acknowledge and understand that the right to use the Software will be automatically revoked if YOU breach any of these restrictions or makes any other use of the Software that exceeds the scope of Section 1 above.
3. Location-Based Data. CE may provide certain features in the Software that depend on the location of your device. To provide such features to YOU, CE must collect, use, transmit, data about the location of YOUR device and YOU agree that CE can do so to provide and improve such Software features. YOU may withdraw this consent at any time by disabling the location feature on your device. CE does not store any personal data from your device on its servers.YOUR USE OF
THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION
DATA MAY NOT BE ACCURATE.
4. Intellectual Property Ownership. CE exclusively owns all right, title and interest in the Software. This License is not a sale of, nor does it otherwise convey any of these rights of ownership to YOU.
5. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CE DOES NOT AND CANNOT WARRANT THE SOFTWARE FOR RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, COMPLETENESS OR SAFETY AND FITNESS FOR YOUR PARTICULAR PURPOSES. CE DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SOFTWARE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER DEVICE, SOFTWARE, SYSTEM, OR DATA; (B) THE SOFTWARE WILL MEET YOU’S REQUIREMENTS OR EXPECTATIONS; (C) ERRORS OR DEFECTS WILL BE CORRECTED; OR (D) THE SOFTWARE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS INTENDED SOLELY FOR SITUATIONAL AWARENESS PURPOSES AND THAT IT INCORPORATES WEATHER INFORMATION PROVIDED BY THIRD PARTIES THAT ARE NOT CONTROLLED BY CE. THE INFORMATION PROVIDED BY THE SOFTWARE SHOULD NOT BE RELIED ON IN PLACE OF YOUR OWN JUDGMENT AND CONFIRMATION OF INFORMATION THROUGH OTHER SOURCES. YOU ARE RESPONSIBLE FOR YOUR SAFETY AND THAT OF YOUR PASSENGERS. YOUR USE OF THIS WEATHER CONDITION PRESENTATION SOFTWARE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
6. Limitation of Liability. IN NO EVENT SHALL CE, ITS MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, DATA OR USE, UNDER ANY THEORY OF LIABILITY, AS A RESULT OF YOUR USE OR INABILITY TO USE THE SOFTWARE AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall CE’s total liability to YOU for all damages exceed the amount that YOU paid to license the Software.
7. Termination. YOUR rights under this License will terminate automatically without notice if you do not comply with all of the terms of this License. Upon termination, YOU must stop using the Software and destroy all copies of it. Upon termination, all terms of the License will survive, except for the grant of rights in Section 1.
8. Governing Law. This License shall be construed and governed under the substantive laws of the State of Illinois, without effect of conflict of laws provisions.
9. Authority. By accepting this License YOU acknowledge and confirm that YOU are at least 18 years old and competent to enter into a contract, and agree to be bound by the terms of this License.
10. Subscription. This app is subscription based. Your iTunes or Google Play account is automatically charged on the anniversary of your initial subscription purchase. You can cancel the subscription anytime. The full version of the subscription will remain until your anniversary date of the initial subscription then the app will revert to the free version. upon that event the app will revert to the free version. You can get a refund based on the current grace period of your platform. After the grace period CE may or may not give refunds based solely on CE’s discretion. It is CE’s expectation that we work with customers to resolve issues before offering a refund. This assumes the customer works with us by reporting their issues in sufficient detail for CE to gain an understanding of the problem. We do not issue refunds for customer who disparage the Drive Weather App or CE.
11. Weather Forecast. The weather forecast is provided by the National Weather Service and is “sometimes” wrong. CE does not guarantee the accuracy of the weather forecast and does not generate its own weather forecast but visually represents third party weather services. Sometimes these third party weather services become unavailable. CE does not make any guarantee on the availability of the third party weather services.