Alert Weather Services, Inc.
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END USER LICENSE AGREEMENT

PLEASE READ THE TERMS OF THE FOLLOWING LICENSE AGREEMENT CAREFULLY. BY INSTALLING THE software, forecast information and products & services DISTRIBUTED WITH THIS AGREEMENT (Intellectual & Proprietary Property), YOU ARE CONFIRMING YOUR ACCEPTANCE OF THIS software, forecast information and products & services AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (THE "AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD THE software, forecast information and products & services AND/OR RETURN THE software, forecast information and products & services There will be NO REFUNDS OF ALL LICENSE FEES PAID BY YOU FOR SUCH software, forecast information and products & services.

1. LICENSE GRANT

This software, forecast information and products & services is for commercial use for you exclusively only and your rights in any software, forecast information and products or services, forecast information and products & services are strictly limited to your use only by you and not for the benefit of third parties. Subject to the terms of this Agreement, Alert Weather Services grants you a non-exclusive, non-transferable license to use this website, forecast information and products & services, with this Agreement during the term of this Agreement on a single designated computer. You may make no copy of the forecast information and products & services in machine-readable form for backup purposes only. Any copy must include all copyright information contained on the original. Such license shall be annual or monthly and is conditioned upon the receipt by Alert Weather Services of full payment, if any, forecast information and products & services, forecast information and products & services but shall be terminable as provided herein. Your rights in the software, forecast information and products & services, forecast information and products & services are limited to those expressly granted in this section 1. Your rights in the software, forecast information and products & services, forecast information and products & services, forecast information and products & services do not cover any broadcast or media use without execution of a separate agreement with Alert Weather Services allowing you to do so. All documentation and all releases, corrections, updates and enhancements provided hereunder shall be considered part of the "software, forecast information and products & services, forecast information and products & services". The information made available for display using the software, forecast information and products & services, forecast information and products & services is provided under a nonexclusive, non-transferable license for use only by you. You may not use the software, forecast information and products & services, forecast information and products & services or the geographical information made available for display using the software, forecast information and products & services, forecast information and products & services, or any prints or screen outputs generated with the software, forecast information and products & services in any other commercial or business environment or for any other commercial or any other business purposes for yourself or any third parties.

THE SOFTWARE, FORECAST INFORMATION AND PRODUCTS & SERVICESARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES OR ANY OTHER SUCH HAZARDOUS ACTIVITIES IN WHICH CASE THE FAILURE OF THE software, forecast information and products & services COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Your rights under this license will terminate automatically without notice from Alert Weather Services if you fail to comply with any term(s) of this license.

2. LICENSE RESTRICTIONS

You shall not copy, reverse engineer, decompile, disassemble, translate, modify or make derivative works of the software, forecast information and products & services, geographical information, screen outputs or prints in whole or in part. Further, you shall not rent, disclose, publish, sell, assign, lease, rent, sublicense, market, or transfer the software, forecast information and products & services, geographical information, prints or screen outputs or any part thereof or use it in any manner not expressly authorized by this Agreement. Any attempt to transfer any of the rights, duties or obligations hereunder except as expressly provided for in this Agreement is void. The software, forecast information and products & services contains confidential and trade secret information of Alert Weather Services, and you shall at all times take reasonable steps to protect the confidentiality of such information.

3. PROPRIETARY RIGHTS

(a) You are only licensing rights to use the software, forecast information and products & services and the geographical information available to be viewed using the software, forecast information and products & services. The software, forecast information and products & services, in whole and in part and all copies thereof, are and will remain the sole and exclusive property of Alert Weather Services. Further, you do not receive any, and Alert Weather Services and/or its licensers (if any) retain all, ownership rights in the geographic information displayed using the software, forecast information and products & services. The information is copyrighted and may not be copied, even if modified or merged with other data or software, forecast information and products & services. Your use and access of the information may be subject to further license requirements or obligations.

(b) You will not delete or in any manner alter the copyright, trademark, or other proprietary rights notices of Alert Weather Services and its licensers, if any, appearing on or in the software, forecast information and products & services, screen outputs and prints generated with the software, forecast information and products & services as delivered to you. You will reproduce such notices on all copies you make of the software, forecast information and products & services.

4. LIMITED WARRANTY AND LIMITATION OF LIABILITY

(a) Limited warranty. Alert Weather Services offers no warranty, guarantee whatsoever of the software, forecast information and products & services to you that the medium on which the software, forecast information and products & services is furnished (if applicable) will be free from defects in materials and workmanship under normal use.

(b) virus warranty. Alert Weather Services warrants that all software, forecast information and products & services supplied under this Agreement will be supplied free of viruses or other similar intentionally disabling code.

(c) Third Party References and Material. References made either in the software, forecast information and products & services or in the geographical data displayed using the software, forecast information and products & services may include reference to products, services, trademarks or hyperlinks of third parties. No such reference(s) shall constitute or imply an endorsement or recommendation by Alert Weather Services. In addition, as with any map, you should exercise caution when using information displayed using the software, forecast information and products & services. The geographical information displayed using the software, forecast information and products & services is to be used only as an aid in personal or recreational planning. Alert Weather Services makes no guarantees concerning the accuracy, currency, or quality of the content displayed using the software, forecast information and products & services.

(d) THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND Alert Weather Services EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Alert Weather Services, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.

Some states do not allow the exclusion of implied warranties. In that event, any implied warranties are limited in duration to ninety (90) days from the date of delivery of the software, forecast information and products & services.

(e) Limitation of Liability. IN NO EVENT SHALL Alert Weather Services OR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THIS AGREEMENT, THE USE OF THE software, forecast information and products & services, WHETHER RESULTING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT

LIABILITY, OR OTHER FORM OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Alert Weather Services AND ITS EMPLOYEES', DISTRIBUTORS', DEALERS' AND AGENTS' AGGREGATE TOTAL LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE LICENSE FEE PAID TO Alert Weather Services OR ITS AUTHORIZED REVELLER BY YOU. You expressly assume all responsibility for any damages, lost data, lost profits and other consequential damages that may result in any way out of this Agreement, including without limitation, use of the software, forecast information and products & services. You expressly agree that the license fee has been negotiated and agreed to by Alert Weather Services based in part upon the foregoing limitation of liability.

5. GOVERNMENT RIGHTS

The software, forecast information and products & services is "commercial computer software, forecast information and products & services", and is provided with restricted rights. use, duplication, or disclosure by the united states government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable.

6. COMPLIANCE WITH LAW

You acknowledge and agree that the software, forecast information and products & services, geographical information, and any other technical data provided hereunder are subject to restrictions and controls imposed by the United States government. You agree and certify that neither the software, forecast information and products & services, geographical information nor any technical data provided hereunder is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the united states government or will be used for any purpose prohibited by the same. You further agree to comply with all laws and regulations of all jurisdictions in your use of the software, forecast information and products & services and geographical information.

7. GENERAL

(a) a) choice of Law. This Agreement will be governed by and construed in accordance with the laws of the state of Louisiana. Weather forecast services, weather forecast products and other intellectual property and proprietary information, is prepared and performed entirely within Louisiana and includes authorized web site access, to companies (incorporated and unincorporated [d/b/a]) and, corporate or corporate entities, to only authorized and fully employed individuals of such entities for exclusive use. Specifically excluding the provisions of the United Nations Convention on the international sale of products & services. Any violation of this licensing agreement which requires enforcement of contract actions and recovery of unpaid professional services fees, will also include attorneys fees, court costs and all other incurred expenses.

(b) Assignment. This Agreement will bind and inure to the benefit of each party's successors and assigns, provided that you may not assign this Agreement, in whole or in part, without AlWS, Inc.'s prior written consent.

(c) severability. If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and if not possible, severed, and the legality and enforceability of the other provisions of this Agreement will not be affected.

(d) survival of obligations. The provisions of sections 3 (Proprietary Rights), 5(e) (Limitation of Liability), 5 (Government Rights), and 7 (General) will survive termination of this Agreement.

(e) Entire Agreement. This license constitutes the entire agreement between you and Alert Weather Services with respect to the use of the software, forecast information and products & services.

© 2005 Alert Weather Services

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