IMPORTANT!

READ CAREFULLY BEFORE USING THE SOFTWARE By using this Software you i
ndicate acceptance of the following Software License Agreement.
SOFTWARE LICENSE AGREEMENT
This Software License Agreement ("Agreement") is a legal agreement between you (
either an individual or an entity) and Davis Instruments Corporation ("Davis").
If you do not agree to the terms of this agreement, return the Software packet a
nd the accompanying items within 14 days to the place you obtained them for a fu
ll refund.
GRANT OF LICENSE
This license agreement permits you to use one copy of the Davis Instruments Soft
ware included in this package in object code form only (the "Software") on a sin
gle computer, subject to the terms and conditions of this Agreement. The Softwar
e is in use on a computer when it is loaded into temporary memory (i.e., RAM) or
installed into permanent memory (e.g., a hard disk) of that computer. The Soft
ware may assist in the collection of data ("Data") and in creating content that
may be displayed on www.DavisNet.com or another website ("Content").
LICENSE RESTRICTIONS
1. You may not install the Software on a network, unless the Software is used on
only one computer or a separate license ("Extra User License") is obtained for
each additional computer on which the Software is used. However, you may install
the Software on a network for the sole purpose of distribution to additional co
mputers, provided you have an Extra User License for each additional computer. C
ontact Davis for clarification or information about Extra User Licenses. You ma
y make no more than a reasonable number of copies of the Software for your own u
se, subject to all of the terms and conditions of this Agreement, including, wit
hout limitation, this Section.
2. You may not, and may not permit any third party to, make changes, decompile,
reverse engineer or seek to discover the source code of the Software.
3. You may not sublicense, rent, lease, or loan the Software, but you may transf
er the Software, accompanying Davis hardware, and Documentation on a permanent b
asis provided you retain no copies of any of the Software or Documentation and t
he recipient agrees to the terms of this Agreement. If the Software is an update
or has been updated, any transfer must include the most recent update and all p
rior versions.
TERMINATION
This Agreement is effective until terminated. Davis may terminate this Agreemen
t at any time upon your breach of any of the provisions hereof. Upon terminatio
n of this Agreement, you will immediately cease all use of the Software, and ret
urn to Davis all copies of the Software and Documentation. You will be liable t
o Davis for all damages suffered as a result of that breach. Except for the lic
ense granted herein and as expressly provided herein, the terms of this Agreemen
t will survive termination.
CHANGED PRODUCT FEATURES AND TERMS
Davis has the right at any time to change or discontinue any aspect or feature o
f the Software and/or services offered by Davis, including, without limitation,
the content, the equipment needed for access, or use of the service, or the Soft
ware itself. Davis also has the right at any time to change or modify the terms
and conditions applicable to use of the Software, or any part thereof, or to imp
ose new conditions, including, without limitation, adding fees and charges for u

se for services that are currently free or adding or removing Data upload partne
rs, including, but not limited to, CWOP, GLOBE and any others. Such changes, mod
ifications, additions or deletions shall be effective immediately upon notice th
ereof, which may be given by any means including, without limitation, posting on
www.DavisNet.com or any other Davis website, or by electronic or conventional m
ail, or by any other means. Any use of the Software or services by you after suc
h notice shall be deemed to constitute acceptance of such changes, modifications
, additions or deletions.
LIMITED WARRANTY
Davis warrants to the original end user of the Software that (a) the Software wi
ll perform substantially in accordance with the documentation provided by Davis,
as modified by Davis from time-to-time ( Documentation ) for a period of ninety (90
) days from the date of receipt and (b) any Davis hardware accompanying the Soft
ware will be free from defects in material and workmanship under normal use and
service for a period of ninety (90) days from the date of receipt. This warrant
y will be void if you breach this Agreement or if the Software has been modified
, tampered with, or improperly used.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAVIS DISCLAIMS ALL OTHER WAR
RANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGE
MENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF
DEALING OR USAGE OF TRADE, WITH REGARD TO THE SOFTWARE, SERVICES, DOCUMENTATION,
AND THE ACCOMPANYING HARDWARE. DAVIS DOES NOT WARRANT THAT THE SOFTWARE WILL O
PERATE IN COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY D
AVIS, EXCEPT AS EXPRESSLY SPECIFIED IN THE DOCUMENTATION, OR THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will Davis be lia
ble for any indirect, incidental, special, consequential or punitive damages, or
damages for business interruption or loss of profits, revenue, business, saving
s, data, information, use or cost of substitute procurement, incurred by you or
any third party, whether in an action in contract or tort, even if Davis has bee
n advised of the possibility of such damages or if such damages are foreseeable.
In no event will Davis s liability for damages hereunder exceed the amounts actu
ally paid by you to Davis for the Software and/or Davis hardware. The parties a
cknowledge that the limitations of liability and the allocation of risk in this
Agreement are an essential element of the bargain between the parties, without w
hich Davis would not have entered into this Agreement. Davis s pricing reflects t
his allocation of risk and the limitation of liability specified herein.
WARRANTY SUPPORT
You must report to Davis, promptly in writing, any breach of the express warrant
ies set forth above during the warranty period. Your sole and exclusive remedie
s, and Davis s entire liability, for such a reported breach will be to correct or
provide a reasonable workaround for any errors that caused the breach of warrant
y, or if Davis is unable to make the Software operate as warranted, you will be
entitled to terminate the Software license and recover the fees paid to Davis fo
r the Software license. Davis will have no obligations under the warranty provi
sion set forth above if the breach of warranty is caused by abuse, misuse, alter
ation, neglect or accidental damage of the Software; the unauthorized repair, mo
dification or installation of the Software; or the use or attempted use of non-D
avis software or hardware in combination with the Software. Replacement or repa
ir of Software does not extend its warranty period beyond the original warranty

expiration date.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Davis retains all rights, title and interest in the Software, Data, Content and
proprietary products owned by Davis, including, without limitation, copyright an
d trademark rights in the Software, Data and Content, the Weatherlink and Weathe
rlink.com trademarks, and other trademarks, service names, symbols, identifiers,
URL's, formats, designs, and devices. The Software, Data and Content, and all r
ights thereto, are the property of Davis and are protected by applicable copyrig
ht or other law. The customer shall not claim any rights, including, without lim
itation, trademark or copyrights in any Software, Data or Content.
GOVERNING LAW AND JURISDICTION
This Agreement and all matters arising out of or relating to this Agreement will
be governed by the internal laws of the State of California without giving effe
ct to any choice of law rule. This Agreement will not be governed by the United
Nations Convention on Contracts for the International Sales of Goods, the appli
cation of which is expressly excluded. In the event of any controversy, claim o
r dispute between the parties arising out of or relating to this Agreement, such
controversy, claim or dispute may be tried solely in a state or federal court f
or Alameda County, California, and the parties hereby irrevocably consent to the
jurisdiction and venue of such courts.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersed
es all prior or contemporaneous agreements or representations, written or oral,
concerning the subject matter of this Agreement. This Agreement may not be modi
fied or amended except in a writing signed by a duly authorized representative o
f each party; no other act, document, usage or custom will be deemed to amend or
modify this Agreement. It is expressly agreed that the terms of this Agreement
will supersede the terms in any purchase orders or other ordering documents.
SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid or otherwise u
nenforceable, such provision will be enforced to the extent possible consistent
with the stated intention of the parties, or, if incapable of such enforcement,
will be deemed to be severed and deleted from this Agreement, while the remainde
r of this Agreement will continue in full force and effect. The waiver by eithe
r party of any default or breach of this Agreement will not constitute a waiver
of any other or subsequent default or breach.
NO ASSIGNMENT
You may not assign, sell, transfer, delegate or otherwise dispose of, whether vo
luntarily or involuntarily, by operation of law or otherwise, this Agreement or
any rights or obligations under this Agreement without the prior written consent
of Davis. Any purported assignment, transfer or delegation by you will be null
and void. Subject to the foregoing, this Agreement will be binding upon and wi
ll inure to the benefit of the parties and their respective successors and assig
ns.
EXPORT ADMINISTRATION
You will comply fully with all relevant export laws and regulations of the Unite
d States, including, without limitation, the U.S. Export Administration Regulati
ons (collectively Export Controls ). Without limiting the generality of the forego
ing, you will not, and you will require your representatives not to, export, dir
ect or transfer the Software, or any direct product thereof, to any destination,
person or entity restricted or prohibited by the Export Controls.
PRIVACY POLICY
The use of personal information by this Software is governed by Davis privacy po
licy. To see this policy, visit http://www.davisnet.com/about/privacy.asp