USE OF THIS SOFTWARE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
- License. Subject to these terms and conditions, University Corporation for Atmospheric Research (UCAR) grants you a non-exclusive, royalty-free license to use, create derivative works, publish, distribute, disseminate, transfer, modify, revise and copy the Model Evaluation Tools (MET) software, in both object and source code (the "Software"). You shall not sell, license or transfer for a fee the Software, or any work that in any manner contains the Software.
- Disclaimer of Warranty on Software. Use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and UCAR EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF A THIRD PARTY?S INTELLECTUAL PROPERTY, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES EXPRESSLY DISCLAIM THAT THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) APPLIES TO OR GOVERNS THIS AGREEMENT. No oral or written information or advice given by UCAR or a UCAR authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the Software prove defective, you (and neither UCAR nor any UCAR representative) assume the cost of all necessary correction.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL UCAR BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING LOST REVENUE, PROFIT OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF UCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Compliance with Law. All Software and any technical data delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all applicable laws and regulations in connection with use and distribution of the Software, including export control laws, and you acknowledge that you have responsibility to obtain any required license to export, re-export, or import as may be required.
- No Endorsement/No Support. The names UCAR/NCAR, National Center for Atmospheric Research and the University Corporation for Atmospheric Research may not be used in any advertising or publicity to endorse or promote any products or commercial entity unless specific written permission is obtained from UCAR. The Software is provided without any support or maintenance, and without any obligation to provide you with modifications, improvements, enhancements, or updates of the Software.
- Controlling Law and Severability. This Agreement shall be governed by the laws of the United States and the State of Colorado. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
- Termination. Your rights under this Agreement will terminate automatically without notice from UCAR if you fail to comply with any term(s) of this Agreement. You may terminate this Agreement at any time by destroying the Software and any related documentation and any complete or partial copies thereof. Upon termination, all rights granted under this Agreement shall terminate. The following provisions shall survive termination: Sections 2, 3, 6 and 9.
- Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in a writing and signed by UCAR.
- Notices and Additional Terms. Copyright in Software is held by UCAR. You must include, with each copy of the Software and associated documentation, a copy of this Agreement and the following notice:
"The source of this material is the Research Applications Laboratory at the National Center for Atmospheric Research, a program of the University Corporation for Atmospheric Research (UCAR) pursuant to a Cooperative Agreement with the National Science Foundation; ©2007 University Corporation for Atmospheric Research. All Rights Reserved."
The following notice shall be displayed on any scholarly works associated with, related to or derived from the Software:
"Model Evaluation Tools (MET) was developed at the National Center for Atmospheric Research (NCAR) through grants from the United States Air Force Weather Agency (AFWA) and the National Oceanic and Atmospheric Administration (NOAA). NCAR is sponsored by the United States National Science Foundation."
BY USING OR DOWNLOADING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.