Terms of Service and/or Use, Terms and Conditions and End User License Agreement

READ CAREFULLY THE TERMS OF USE AND END USER LICENSE AGREEMENT (EULA) BEFORE ordering,
accessing, receiving, downloading, syncing, using, or possessing OR continuing to order, access,
receive, download, sync, use or possess Software, Documentation, Products and/or Data.

The Grant of License contains LIMITATIONS and RESTRICTIONS on your right to access and/or use the
Software and/or Data as well as any resulting Products and Documentation by or on behalf of
WeatherGuidance, LLC (hereafter referred to as "WeatherGuidance") and its Third Party providers
(each as defined below). If you do not agree to these terms, please do not click "Accept" or "Continue"
or otherwise access the software or register for Products or Services or enter into any subscription or
contract for Products or Services with WeatherGuidance.  IT IS RECOMMENDED THAT YOU DOWNLOAD
AND KEEP A COPY OF THIS LICENSE FOR YOUR RECORDS.  This document can be viewed in its entirety here.

The Products and/or Services you have accessed and/or requested include software, user interfaces,
applications and associated media ("Software") for use with desktop computers, via the internet, and/or
via wireless or other handheld or mobile devices ("Hardware"), as well as derived reports and other
data in PDF, printed, online and/or other electronic format(s) ("Products"), including instructions and/or
guides associated therewith ("Documentation"), any other resulting products and data, materials, and
content ("Data") provided by or on behalf of WeatherGuidance or third party providers that either contribute
to the creation or operation of the Software, Data, Products and Documentation, or enable access or use of
same by Licensee, including but not limited to software and/or technology developers, internet storefronts,
Internet Service Providers, third party vendors and/or clients or customers of WeatherGuidance, and
mobile/wireless communications carriers (collectively "Providers"). By accessing, receiving,
downloading, syncing, using or possessing or continuing to access, receive, download, sync, use or
possess the Software, Documentation, and/or any Products and/or Data, you ("Licensee") acknowledge
the validity of and agree to be and are hereby bound by the terms and conditions of this EULA, any
supplemental terms and conditions posted on http://www.WeatherGuidance.com/eula.html governing
use of Software, Hardware, Documentation, Products and Data or otherwise agreed to in writing with
WeatherGuidance, any applicable subscription and/or contract terms and conditions relating to the
Software, Data, Products and Documentation ("Subscription Terms"), as well as any applicable Provider
terms and conditions ("Provider Terms"). If Licensee does not agree to the terms and conditions of this
EULA, or the applicable Terms and Conditions, Subscription Terms, Contract Terms or Provider Terms,
Licensee should not access, receive, download, sync, use or possess the Software, Data, Products and/or
Documentation and must immediately destroy any and all copies of the Software, Data, Products and/or
Documentation accessed by Licensee. To the extent this EULA may be translated into a language other
than English and there is a conflict of terms between English and other language, the English version
shall control.

1. Grant Of License. By accepting these terms, WeatherGuidance grants to Licensee a nonexclusive
license to use one copy of the Software, Data, Products and Documentation only as authorized
in this EULA, on one Hardware device (except for SiteWarn service which has no device limits) at any
given time, owned, leased, licensed or otherwise controlled by Licensee, and Licensee hereby
acknowledges and agrees to the validity of this EULA, the Terms and Conditions, the Subscription Terms,
Contract Terms and/or Provider Terms, as applicable, and agrees to be bound hereto. Multiple licenses
must be purchased for use of the Software, Data, Products and/or Documentation on more than one
Hardware device, unless otherwise stipulated herein or according to the Terms and Conditions of the
Product, Service, Subscription or Contract. The Software, Data, Products and Documentation will be in
the form and format as determined by WeatherGuidance in its sole discretion from time to time, and such
form and format may limit or restrict the use of the Software, Data, Products or Documentation to certain
types of Hardware devices at the exclusion of others, and may have additional licensing terms restricting
their use thereto. The Software, Data, Products and Documentation is considered "in use" on Hardware
when it is loaded into temporary memory, installed into permanent memory or accessed over the Internet
on that Hardware.  WeatherGuidance expressly reserves the right to terminate this license grant without
notice to Licensee.

2. Limitations. Licensee may not use the Software, Data, Products or Documentation on any
other platform, including, but not limited to servers, except as expressly provided in this EULA. The sale
and/or redistribution of the Software, Data, Products and/or Documentation is expressly prohibited,
unless agreed to in writing by WeatherGuidance. Use other than described above may subject the
Licensee to termination of this license and denial of access to WeatherGuidance Products and services.
Licensee may not remove any proprietary notices that appear in connection with the Software, Data or
Documentation, and may not modify the Software, Data, Products or Documentation in any way. Any
copies made of the Software, Data, Products and/or Documentation, where applicable, must be
restricted to back-up, archival purposes, provided such copy contains all of the original proprietary
notices provided with or otherwise relating to such Software, Data, Products and Documentation.

Licensee is hereby notified that WeatherGuidance does not provide in person and/or "expert" testimony
in legal matters.  The purpose of the information, data, output and other services governed by this
agreement is to provide weather information, including weather event "verifications" where applicable, in
a visual and/or written format only.  Said information, data, output and other services are to be provided
at the original time of request unless otherwise noted.

3. Restrictions. The Software, Data, Products and/or Documentation is licensed to the Licensee,
not sold, and only to Licensee and not any third party. Licensee may not use, or permit other individuals
or entities to use, the Software, Data, Products and Documentation except under the terms expressly
listed in this EULA. Licensee may receive the Software, Data, Products and/or Documentation in more
than one medium. Regardless of the type or size of medium You receive, the Software may be in use on
only one medium that is appropriate for Your single Hardware device at any given time. This EULA and
the Software, Data, Products and/or Documentation may not be shared with other users or used
concurrently on different Hardware devices. Without limiting the foregoing, but by way of explanation,
some Software is compatible with mobile devices that have limited memory for large file or application
storage purposes. Licensee shall not personally, nor permit any other individual or entity to: (a) use the
Software, Data, Products and Documentation for service bureau, time-sharing, enterprise, concurrent
use or other similar purposes; (b) use the Software, Data, Products and Documentation following
expiration or termination of any applicable subscription or contractual period (except for archived data
as may be declared and/or stipulated in the subscription and/or contractual agreement); (c) modify,
translate, reverse engineer, decompile, disassemble or otherwise reduce the Software, Products and
Data to human-readable form nor create derivative works based upon the Software, Products, Data or
Documentation or any part thereof; (d) copy the Software, Data, Products and Documentation (except
as permitted in this EULA); (e) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to or
copies of the Software, Data, Products and Documentation; (f) make, distribute, transfer or push copies
of the Software, Data, Products or Documentation from one Hardware Device or medium to another
over a network without a specific license from WeatherGuidance; (g) export or re-export, directly or
indirectly, the Software, Data, Products and/or Documentation into any country prohibited by the
United States Export Administration Regulations; and (h)remove any proprietary notices or labels on or
relating to the Software, Data, Products and Documentation. Licensee acknowledges that We have the
right to remove listings, restrict access, terminate and otherwise modify the Products and services
provided by WeatherGuidance for any reason, including but not limited to a breach of any of the terms
of this EULA or any applicable Terms and Conditions, Subscription Terms, Contractual Terms or Provider
Terms. Licensee may not transfer this EULA without WeatherGuidance's prior consent. If such consent is
granted by WeatherGuidance, Licensee must transfer all Software, Data, Products and Documentation
to such end user, and may not retain any copies. The recipient of such transfer must agree to all terms
and conditions of this EULA. Any purported sublicense, assignment, transfer or encumbrance shall be
void.

4. Enhancements and Updates. This license does not grant Licensee any right to any
enhancement or update of the Software, Products and Data and any other licensed material
contemplated by this Agreement, although such items may be made available to Licensee from time to
time at WeatherGuidance's sole discretion.

In the event that an enhancement and/or upgrade of software, techniques or other services results in a
change in data presentation, output or other results compared to previous versions of software, techniques
or services, Licensee acknowledges that the enhanced/upgraded results shall supersede the authority of any
and all previous data presentation, output or other results unless specifically noted by WeatherGuidance.

5. Access. The Software, Data, Products and Documentation supplied by WeatherGuidance is
made available on an electronic site near Austin, Texas or other sites WeatherGuidance shall designate
("Designated Site"). Your options as to which Software, Data, Products and/or Documentation are
available to You, and how to move the Software, Data, Products and/or Documentation from the
Designated Site to Your location and/or to issue appropriate electronic commands to accept the
Software, Data, Products or Documentation at the Designated Site and move such items to an
authorized location or to pass on authorized users to the Designated Site are limited by the type or
format of the Software, Data, Products or Documentation selected by You, and Your Hardware
Device(s). WeatherGuidance makes no guarantees that the Software, Data, Products and/or
Documentation selected by You will be operable with Your Hardware Device(s). For the purposes of
determining situs with regard to taxation, jurisdiction or other issues, it is agreed that the situs of the
Software, Data, Products and Documentation receipt and transfer is in Texas. A trademark or copyright,
or copyrightable work contained within the items downloaded or accessed is considered a use or
publication of the trademark or copyright in both the location in which it has been accessed in Texas at
the host site and at the location of the user.

6. Protection of Intellectual Property Rights. WeatherGuidance. retains all rights, title and
interest, including rights of trademark and copyright in those things defined in this EULA as "Property of
WeatherGuidance" "Property of WeatherGuidance" is hereby defined to include all rights, title and
interest in the Software, Data, Products and Documentation (subject to any underlying Provider rights
therein), plus any reports, forecasts, graphics, data, demographic and user information, equipment and
information furnished pursuant hereto, the trademark "WeatherGuidance", any other trade names,
trademarks, service names, symbols, identifiers, URL's, formats, designs, devices; or proprietary
Products owned by WeatherGuidance or as may be used to designate the Products and services
furnished by WeatherGuidance or used in connection with the Products and services by
WeatherGuidance or its Providers. The intellectual property rights of all Providers contributing to this
website and the Software, Data, Products and/or Documentation hereto shall remain with the
respective Providers, including, without limitation, certain applications, software, features,
enhancements and modifications made thereto by the Providers on behalf of WeatherGuidance. Access
codes and information furnished by WeatherGuidance or its Providers to You are intended for Licensee's
sole and exclusive use only and shall be considered Property of WeatherGuidance and/or its Providers.
When the Property of WeatherGuidance or its Providers is displayed or used in publications of any kind
or through any media, all proprietary notices and/or additional licenses or terms included with the
Property of WeatherGuidance or its Providers shall not be removed or defaced by Licensee. This EULA
gives Licensee no rights to the Software, Data, Products or Documentation other than as expressly
provided in this EULA, and Licensee shall not claim any rights including without limitation, trademark or
copyrights in any Software, Data, Products or Documentation. All rights not specifically expressly
granted in this EULA, including Federal and International Copyrights and Industrial Property rights, are
reserved for the sole benefit of WeatherGuidance or its Providers.

7. DISCLAIMERS. LICENSEE ACKNOWLEDGES THAT METEOROLOGY IS AN INEXACT SCIENCE.
WeatherGuidance pledges to utilize all available resources and skills to develop, issue and disseminate
the most accurate data, information and resulting products possible. With that said, THE SOFTWARE,
DATA, RESULTING PRODUCTS AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT
WARRANTY OF ANY KIND FROM WEATHERGUIDANCE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, WEATHERGUIDANCE AND ITS AFFILIATES expressly disclaim any and all
representations and warranties, express or implied, arising by law or otherwise, regarding the Software,
Data, Documentation, or any other Products and services contemplated by this EULA, including without
limitation any express or implied warranty of merchantability, express or implied warranty of fitness for
a particular purpose, non-infringement, quality, accuracy, completeness, effectiveness, reliability,
usefulness, that the Software, Data, Products and/or Documentation will be error-free, or implied
warranties arising from course of dealing or course of performance.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES THAT CANNOT BE
DISCLAIMED ARE LIMITED TO THIRTY (30) DAYS FROM THE DATE OF INITIAL DOWNLOAD OR
INSTALLATION OF THE SOFTWARE, DATA, PRODUCTS AND/OR DOCUMENTATION OR ACCESS,
DOWNLOAD, USE OR POSSESS SERVICES PROVIDED BY WEATHERGUIDANCE FOR OR ON BEHALF OF
LICENSEE. This limited warranty is offered by WeatherGuidance alone, and does not extend to any
software code, data, information, content and the like that may be contributed to this website, the
Software, Data, Products or Documentation by Providers or unrelated third parties. THE ENTIRE RISK
ARISING OUT OF THE ACCESS, RECEPTION, DOWNLOAD, SYNC, USE OR POSSESSION OF THE SOFTWARE,
DATA, PRODUCTS AND DOCUMENTATION REMAINS WITH LICENSEE.
Without limiting the foregoing, it is further understood that WeatherGuidance and its Providers are not
responsible for Your use or misuse of the Software, Data, Products and/or Documentation or the results
from such use. WeatherGuidance and its Providers make no express or implied warranties, guarantees
or affirmations that weather information will occur or has occurred as the reports, forecasts, data,
products and/or other information state, represent or depict and it shall have no responsibility or
liability whatsoever to LICENSEE or any other person or entity, parties and non-parties alike, for any
inconsistency, inaccuracy, or omission for weather or events predicted or depicted, reported, occurring
or occurred. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSEE ACKNOWLEDGES
THAT THE SOFTWARE, DATA, PRODUCTS AND/OR DOCUMENTATION MAY INCLUDE INACCURACIES
AND/OR GENERALITIES THAT ARE BEYOND THE CONTROL OF WEATHERGUIDANCE AND LICENSEE WILL
USE COMMON SENSE AND FOLLOW STANDARD SAFETY AND OTHER APPLICABLE PRECAUTIONS IN
CONNECTION WITH LICENSEE'S USE OF THE SOFTWARE, DATA, PRODUCTS OR DOCUMENTATION.

8. LIMITATION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL WEATHERGUIDANCE OR ITS PROVIDERS BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR
ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, IN
CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF
GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, AND/OR LOSS OF PROFITS ARISING OUT
OF, OR RELATED TO, IN ANY MANNER, THIS EULA, OR THE DELIVERY, PERFORMANCE OR
NONPERFORMANCE OF OBLIGATIONS, OR USE OF THE SOFTWARE, DATA, PRODUCTS OR
DOCUMENTATION HEREUNDER REGARDLESS OF THE FORESEEABILITY THEREOF. SOME STATES DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU
MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

9. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF WEATHERGUIDANCE AND ITS PROVIDERS
ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR ITS IMPLEMENTATION SHALL NOT
EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY LICENSEE TO WEATHERGUIDANCE UNDER
THIS AGREEMENT, AND ANY APPLICABLE Terms and Conditions, Subscription Terms, OR PROVIDER
TERMS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
LICENSEE. The limited warranty, exclusive remedies, and limited liability set in this EULA are
fundamental elements of the basis of the EULA, Terms and Conditions, Subscription Terms, and Provider
Terms. Licensee agrees WeatherGuidance would not be able to provide the Software, Data and/or
Documentation to Licensee on an economic basis without such limitations.

10. High Risk Activities. The Software, Data, Products and Documentation is not fault tolerant and is
not designed, manufactured or intended for use or resale as control equipment in hazardous
environments requiring fail-safe performance in which the failure of the Software, Data, Products or
Documentation could lead directly to death, personal injury or severe physical or environmental damage
("High Risk Activities"). Accordingly, WeatherGuidance and its Providers specifically disclaim any express
or implied warranty of fitness for High Risk Activities.

11. Events Beyond WeatherGuidance's Control. WeatherGuidance does employ the use of
backup/redundant power and communication(s) resources. With that said, WeatherGuidance shall not
be held responsible for any failure or malfunction in power or communications nor the failure or refusal
of third party transmission intermediaries to perform, continue or renew their contractual arrangements
with WeatherGuidance, nor inability to perform occasioned by such or by labor strife, war, riot,
terrorism, natural disasters, severe weather or other events beyond the reasonable control of
WeatherGuidance. The unavailability of Software, Data, Products or Documentation from
WeatherGuidance's Providers shall not be considered a disruption of services and shall not affect the
obligations of Licensee hereunder.

12. Governing Law & Jurisdiction. The parties agree to submit to the Texas Courts only, for any
dispute arising out of this Agreement or related thereto, and consent to the jurisdiction of said Courts
and further agree that any and all matters of dispute shall be adjudicated, governed and controlled
under and by Texas law and this paragraph shall supersede any conflicting choice of law rules.

13. Severability. In the event any term of this Agreement is found by any Court to be void or
otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though
such term were absent upon the date of its execution as long as a party's rights under this Agreement
are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as
part of this Agreement a provision that will be as similar as possible in economic and business objectives
as was intended by the unenforceable provision.

14. Indemnity. Licensee hereby indemnifies and agrees to hold WeatherGuidance and its parents,
subsidiaries, affiliates, and Providers (including their respective licensors, suppliers, assignees,
subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders,
agents and representatives of each of them) harmless from and against any and all claims, demands and
actions, and any liabilities, damages or expense resulting therefrom including court costs and reasonable
attorney's fees, arising out of or in connection with any breach of this EULA or any act or omission on
the Licensee's part relating to the use or possession by Licensee of Software, Data, Products or
Documentation.

15. Export Restrictions. Licensee acknowledges that the Software, Data, Products, Documentation
and other underlying information or technology licensed hereunder is subject to the export control laws
and regulations of the United States of America, and any amendment thereof. Licensee acknowledges
that no Software, Data, Documentation or other underlying information or technology licensed
hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or
to a national or resident of) any country outside of the United States (including further export if you
took delivery of the Software, Data or Documentation outside the United States) without first complying
strictly and fully with all export controls that may be imposed by the United States Government or any
country or organization of nations within whose jurisdiction you use the Software, Data, Documentation
or other underlying information or technology. If Licensee has any questions regarding its obligations
under the United States of America Export regulations, Licensee should contact the Bureau of Export
Administration, United States Department of Commerce, Exporter Counseling Division, Washington,
D.C.

16. US Government Restricted Rights. The Software, Data, Products and Documentation are
provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to
restrictions set forth in this EULA, the Terms and Conditions, the Subscription Terms, the Provider
Terms, and as otherwise set forth in DFARS 227.7202-1(a) and 227.7202-3(a), DFARS 252.227-7013, FAR
12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, or subparagraphs (c)(1) and (2) of 48 CFR 52.227-19,
or successor provisions, as applicable. The Contractor/Manufacturer is WeatherGuidance, 5401 S FM
1626, Ste. 170-278, Kyle, TX 78640, or others, as indicated on this site. These restrictions are subject to
change from time to time.

17. Waiver. Any waiver hereunder must be made in writing, and failure at any time to require the
other party's performance of any obligation under this Agreement will not affect the right subsequently
to require performance of the obligation.

18. Assignment. Neither this Agreement nor any rights or obligations of Licensee hereunder may be
assigned or delegated by Licensee, to any other person or entity without the prior express written
consent of WeatherGuidance.

19. Term and Termination. This EULA is effective upon acceptance of these terms by the Licensee.
Unless otherwise indicated within this document or elsewhere on our site www.weatherguidance.com,
said acceptance shall be indicated by: (a). entry of a subscription by the Licensee (or a representative
thereof), (b). signing of a contract by the Licensee (or a representative thereof) or (c). the submission of
a payment by the Licensee (or a representative thereof) for one or more months (or other use including
single/one time or “on demand” use) of software, data, products and/or documentation. The terms of
this EULA shall continue thereafter until terminated by: (a.) the expiration/termination of the
subscription period, (b). the expiration/termination of the contract period or (c.) any other just cause of
termination. All applicable portions of this EULA pertaining to any and all archived products , data
and/or documentation that are retained by the Licensee after expiration and/or termination of the
Licensee’s subscription and/or contract period shall remain in full force so long as the Licensee is in
possession of and/or utilizing said data or products. In addition to the foregoing, this Agreement shall
terminate automatically if Licensee fails to comply with this EULA and/or any applicable Terms and
Conditions, Subscription Terms, or Provider Terms, or if payment is delayed or denied processing due to
insufficient funds to cover the subscription and/or other applicable fees when due, if any. No notice
shall be required from WeatherGuidance to effectuate such termination. On termination, Licensee must
promptly destroy any and all copies of the Software, Data, Products and/or Documentation (except for
any and all archived data files that are included as a part of the original subscription and/or contract) ,
and Licensee may terminate this EULA by destroying, removing or obliterating the Software, Data or
Documentation and all copies thereof, and certifying as such to WeatherGuidance. In the event of any
termination by WeatherGuidance pursuant to this EULA, Licensee shall not be entitled to any refund of
pre-paid subscription fees.

20. All Sales Final.  Unless otherwise noted herein, ALL SALES ARE FINAL.  This includes applicable fees for
services including Software, Data and Documentation whether paid for on a one time or subscription basis.
No refunds will be permitted.  Licensee agrees that WeatherGuidance would not be able to provide services
including Software, Data and/or Documentation to Licensee on an economic basis without such limitations.

21. Entire Agreement. This Agreement represents the entire agreement of the parties hereto
related to the subject matter hereof and any prior agreements, promises, negotiations, or
representations, whether oral or written, not expressly set forth in this EULA are of no force and effect.
WeatherGuidance may modify this EULA at any time by posting a new EULA on this site, with or without
notice to You. You are advised to check this site frequently for updates to this EULA, and any applicable
Terms and Conditions, Subscription Terms, or Provider Terms. Questions regarding these terms may be
submitted in writing to WeatherGuidance, Attention: Contracts Administrator, 5401 S FM 1626 Ste 170-
278, Kyle, TX 78640.