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movingweather End User License Agreement

This End User License Agreement (EULA) is for informational purposes only. There is no software accompanying the EULA.

IMPORTANT - READ CAREFULLY : This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and movingweather Group Ltd for the movingweather software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

1. GRANT OF LICENSE.

movingweather grants you the following rights provided that you comply with all terms and conditions of this EULA:

1.1 Installation and use. You may install, use, access, display and run one copy of the Software on a maximum of two computers that you own, such as a PC and a laptop.

1.2 Mandatory Activation. The license rights granted under this EULA are limited to the first thirty (30) days after you first register your account unless you purchase a subscription. You can purchase a subscription through our website, www.movingweather.com, ensuring that you login first using your movingweather account number and password, or on the telephone. There are technological measures in this Software that are designed to prevent unlicensed use of the Software. movingweather will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install or use the Software or future Software updates, and your account will be suspended without notice. movingweather will not collect any personally identifiable information from your Workstation Computer during this process. For the benefit of any doubt, only one 30 day trial is permitted per customer AND/or per computer, thereafter a subscription will have to be purchased for continued use. Should you wish to use the 30 day trial onto machines, the trial will commence from the date of the first registration.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

2.1 Digital Rights Management. Content providers are using the digital rights management technology contained in this Software ("DRM") to protect the integrity of their content ( "Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Portions of this Software and third party applications such as media players use DRM to play Secure Content ("DRM Software"). If the DRM Software's security has been compromised, owners of Secure Content ("Secure Content Owners") may request that movingweather revoke the DRM Software's right to copy, display and/or play Secure Content. Revocation does not alter the DRM Software's ability to play unprotected content. A list of revoked DRM Software is sent to your computer whenever you download a license for Secure Content from the Internet. You therefore agree that movingweather may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. movingweather will not retrieve any personally identifiable information, or any other information, from your computer by downloading such revocation lists. Secure Content Owners may also require you to upgrade some of the DRM components in this Software ("DRM Upgrades") before accessing their content. When you attempt to play such content, movingweather DRM Software will notify you that a DRM Upgrade is required and then ask for your consent before the DRM Upgrade is downloaded. Third party DRM Software may do the same. If you decline the upgrade, you will not be able to access content that requires the DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade.

2.2 Update Features. If you choose to utilize the Internet gaming or update features within the Software, it may be necessary to use certain computer system, hardware, and software information to implement the features. By using these features, you explicitly authorize movingweather or its designated agent to access and utilize the necessary information for updating purposes. movingweather may use this information solely to improve our software or to provide customized services or technologies to you. movingweather may disclose this information to others, but not in a form that personally identifies you.

3. RESERVATION OF RIGHTS AND OWNERSHIP.

3.1 movingweather reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. movingweather or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

4.1 You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5. NO RENTAL/COMMERCIAL HOSTING.

5.1 You may not rent, lease, lend or provide commercial hosting services with the Software.

6. CONSENT TO USE OF DATA

6.1 You agree that movingweather and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. movingweather may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

7. ADDITIONAL SOFTWARE/SERVICES.

7.1 This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that movingweather may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. movingweather reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.

8. UPGRADES.

8.1 To use Software identified as an upgrade, you must first be licensed for the software identified by movingweather as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.

9. NOT FOR RESALE SOFTWARE

9.1 Software identified as "Not For Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.

10. SOFTWARE TRANSFER.

10.1 Internal. You may move the Software to a different computer. Before the transfer you must de-register your machine ID. After the transfer, you must completely remove the Software from the former computer.

10.2 Transfer to Third Party. The initial user of the Software may not transfer this EULA and Software to another end user.

11. TERMINATION.

11.1 Without prejudice to any other rights, movingweather may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

12. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.

12.1 Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by movingweather, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet movingweather's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. YOUR EXCLUSIVE REMEDY. movingweather's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at movingweather's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to movingweather with a copy of your receipt. You will receive the remedy elected by movingweather without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to movingweather). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. To exercise your remedy, contact: movingweather Ltd, PO Box 704 Haywards Heath, RH16 9EF

13. DISCLAIMER OF WARRANTIES.

13.1 The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, movingweather and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

13.2. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL movingweather OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF movingweather OR ANY SUPPLIER, AND EVEN IF movingweather OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.3. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of movingweather and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by movingweather with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

14. ENTIRE AGREEMENT; SEVERABILITY.

14.1 This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and movingweather relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any movingweather policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

 

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  • I have used movingweather for a number of years and have found it very good, easy to use and displays all you need to assist in plotting your voyage. It has a good display and symbols, which make it easy to follow the weather in your area. I would recommend to all sailors.

    Andy MacSharry

    Owner of "Andreas Ahon"
  • I find the movingweather system very user friendly and a great asset in my passage planning. Many thanks for a very useful window on the weather.

    Paula Taylor of "Endless Summer"

    Owner of "Endless Summer"
  • We have used movingweather for a number of years now and wouldn't dream of planning a trip without consulting it, nor would we leave port without it installed on our trusty laptop. We have found it to be the most reliable forecast available. On the odd occasion that I have needed help with an update or query, it has been available without delay, most impressive!

    Marshall McCleery

    Owner of "Westlin"
  • I found movingweather to work very satisfactorily even using a slow Iridium link. I sailed from Antigua to Grenada and the forecasting was spot on!

    Robert Holbrook

    MD of "Admiral Marine Insurance"