  <p>MORECAST Website and Mobile Application Terms of Use</p>
  <p>(last updated: June 30, 2015)</p>
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  <p>This Terms of Use Agreement (“Agreement”) is a binding agreement between you (“you”) and UBIMET GmbH (“UBIMET”).  This Agreement governs your use of the MORECAST website located at <ulink url="http://www.morecast.com">www.morecast.com</ulink> (the “Website”) and the MORECAST mobile software application (including all related documentation, the “App”).  Collectively, the Website and the App are referred to in this Agreement as the “Information Service.”  Your access to and use of the Information Service is subject to this Agreement, as well as all applicable laws and regulations.  Please read this Agreement carefully.</p>
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  <p>BY CLICKING THE “AGREE” BUTTON OR BY DOWNLOADING, INSTALLING OR USING THE INFORMATION SERVICE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU UNDERSTAND IT, AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY IT.  IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE APP OR ACCESS OR USE THE WEBSITE.</p>
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  <p>BY ACCEPTING THIS AGREEMENT AND AS PROVIDED IN SECTION 15 BELOW, YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.</p>
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  <p>In addition, if you are using the App on an Apple iOS-based device, you agree to and acknowledge the “Notice Regarding Apple” in Section 17 below.</p>
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  <p>This Agreement may be changed, modified, supplemented or updated by UBIMET from time to time without advance notice by posting <anchor id="_GoBack"/>a revised Agreement here and you will be bound by the changed, modified, supplemented or updated Agreement if you continue to use the Information Service after the changed version is posted.  Unless otherwise indicated, any new Information or Content (as defined below) added to the Information Service will also be subject to this Agreement effective as of the date of any such addition.  You are encouraged to periodically review the Website, App and this Agreement for updates and changes.</p>
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  <p><b>1. Information About the Information Service</b></p>
  <p>UBIMET and its affiliates provide meteorological information (“Information”) through the Information Service on an ongoing basis.  The Information contains data on the current (domestic and foreign) weather and expected changes in the weather, particularly Information about rain, snow, storms, wind and freezing rain, if the published threshold values in that region selected by the user are exceeded.  Webcam pictures are provided by webcams.travel. The map service is provided by HERE. When you use the map service you agree to the terms of use (https://legal.here.com/en/terms/serviceterms/us) and the privacy policy (https://legal.here.com/en/privacy/policy/us) of HERE. The map service may also include data from other third parties. More detailed information is available on: <ulink url="http://corporate.navteq.com/supplier_terms.html">http://corporate.navteq.com/supplier_terms.html</ulink>. UBIMET reserves the right to restrict, discontinue or modify some or all of the Information Service and Content and Information at any time, or to make access to some or all of the Information Service and Content subject to the payment of a fee upon reasonable advance notice to you.</p>
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  <p><b>2. Limited License</b></p>
  <p>Subject to the terms of this Agreement, UBIMET hereby grants you a limited, non-exclusive, revocable and non-transferable license to access and make personal, non-commercial use of the Information Service strictly in accordance with this Agreement.  This limited license is limited, and you shall not download (other than page caching and downloading the App to an authorized platform) or modify the Information Service, except as otherwise permitted in this Agreement.  You shall: </p>
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  <p>(a) not resell or use the Information Service or Content to: (i) provide meteorological data for private or commercial purposes, (ii) create or expand your own databases, or (iii) provide any service similar to the Information Service;</p>
  <p>(b) not copy the Information Service (or any of the Information or Content) except as expressly permitted by this Agreement; </p>
  <p>(c) not modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable or copyrightable, of the Information Service;</p>
  <p>(d) not reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Information Service; and</p>
  <p>(e) not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, data mine, scrape, or otherwise make available the Information Service or any of its features or functionality to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time.  </p>
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  <p><b>3. Content that You Submit</b></p>
  <p>You are able to upload photographs, text and other materials to the Information Service (“Content”).  The Content that you submit must have some relation to the current weather.  With the exception of any personal information you submit (which shall be maintained in accordance with our Privacy Policy in Section 11, any content that you transmit to UBIMET via the Information Service, whether by direct entry, submission, email or otherwise, including data, questions, comments or suggestions, will be treated as non-confidential and non-proprietary.  </p>
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  <p>(a) License to Content.  You hereby grant to UBIMET and its affiliates a non-exclusive, irrevocable, fully paid-up and royalty-free, transferable, sub-licensable worldwide license to use the Content that you submit, upload or post on or in connection with the Information Service.  UBIMET may use the Content for any purpose and may copy and create derivative works from the Content and otherwise make the Content available.  You are not entitled to any compensation for the Content you submit or for UBIMET’s use and dissemination of that Content.</p>
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  <p>(b) Content Warranties.  You warrant that you have all necessary permissions to submit, upload or post the Content that you have submitted, uploaded or posted and that the Content does not violate applicable law.  In addition, you warrant that you hold all rights to the Content and that provision of the Content does not infringe any rights of third parties, particularly the intellectual property rights of third parties.  You agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Information Service.  You represent that all information you provide, or that you provided to UBIMET upon registration, and at all other times will be true, accurate, current and complete and you warrant that you will update your information as necessary to maintain its truth and accuracy. </p>
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  <p>(c) Content and User Interaction Disclaimer.  You understand and agree that UBIMET and its affiliates cannot and will not be responsible for the content posted on the Information Service.  You acknowledge that you use the Information Service at your own risk and that you are solely responsible for your interaction with other users of the Information Service, whether online or offline.  You agree that UBIMET is not responsible or liable for the conduct of any user.  UBIMET and its affiliates reserve the right, but has no obligation, to monitor or become involved in disputes between you and other users.  Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.</p>
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  <p><b>4. Reservation of Rights; Right to Monitor and Remove</b></p>
  You acknowledge and agree that the Information Service is licensed (and not sold) to you.  You do not acquire any ownership interest in the Information Service under this Agreement, or any other rights thereto, other than to use the Information Service in accordance with the license granted and subject to all terms, conditions and restrictions, under this Agreement.  UBIMET and its affiliates are and will remain the sole and exclusive owners of all right, title and interest in and to the documents, data, know-how, methodologies, software and other materials, reports and specifications and all intellectual property therein or related thereto that are delivered to you or prepared by or on behalf of UBIMET in the course of providing the Information Service, including, without limitation, meteorological measurement readings and forecast data.  UBIMET and its affiliates reserve the right to monitor use of the Information Service at any time and to remove, edit, refuse to post, block or disable any materials, Information and Content (in whole or in part) for any reason or no reason and without notice to you.  UBIMET reserves all rights not expressly granted by this Agreement.</p>
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  <p><b>5. Prohibited Use.</b></p>  
  Any use or attempted use of the Information Service: (a) for any unlawful, unauthorized, fraudulent or malicious purpose; (b) that could damage, disable, overburden or disrupt the Information Service, servers or networks connected to the Information Service; (c) that could interfere with any other party's use and enjoyment of the Information Service; (d) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (e) to access systems, data or information not intended by UBIMET to be made accessible to a user, (f) to obtain or attempt to obtain any materials or information through any means not intentionally made available by UBIMET, or (g) for any use other than the purpose for which it was intended, is prohibited.</p>
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  <p>In addition, in connection with your use of the Information Service, you shall not:</p>
  <p>(i) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity; </p>
  <p>(ii) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any UBIMET representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; </p>
  <p>(iii) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); </p>
  <p>(iv) upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; </p>
  <p>(v) use the posting features of the Information Service in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text or other Content); </p>
  <p>(vi) upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise; </p>
  <p>(vii) violate any applicable local, state, national or international law; </p>
  <p>(viii) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; </p>
  <p>(ix) inject content or code or otherwise alter or interfere with the way any UBIMET page is rendered or displayed in a user's browser or device;</p>
  <p>(x) delete or revise any Content posted by any other person or entity unless such material is incorrect and you are permitted to delete or revise it; </p>
  <p>(xi) probe, scan, test the vulnerability of, or breach the authentication measures of the Information Service or any related networks or systems;</p>
  <p>(xii) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services if you are not expressly authorized by such party to do so; and</p>
  <p>(xiii) harvest or otherwise collect information about other users, including e-mail addresses.</p>
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  <p><b>6. Monitoring</b></p>
  <p>UBIMET is under no obligation to monitor the use of the Information Service, nor to exercise editorial control over the Content, or the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through the Information Service.  UBIMET may use analytical monitoring as described in our Privacy Policy in Section 11 in connection with Information Service usage.</p>
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  <p><b>7. Right to Terminate</b></p>
  <p>UBIMET reserves the right to modify or terminate the Information Service, your access to the Information Service or your account for any reason, without notice, at any time, and without being liable to you.  UBIMET may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong. If UBIMET terminates your access to the Information Service, your Content, photos, comments, likes, friendships, and all other data, will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Information Service (e.g., if your Content has been re-shared by others or if UBIMET has used your Content in other portions of the Information Service).</p>
  <p><b>8. Advertising and Third Party Content</b></p>
  <p> Some of the Information Service is supported by advertising revenue and may display advertisements and promotions.  You hereby acknowledge that, subject to the Privacy Policy in Section 11, UBIMET may place such advertising and promotions on the Information Service or on, about, or in conjunction with your Content.  The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.  You acknowledge that, except where required by applicable law, we may not always identify paid services, sponsored content, or commercial communications as such.  The Information Service may contain links to other sites owned and operated by third parties.  These links are provided for reference, ease of use, commerce and other such uses as desired by our users.  UBIMET does not control those websites, has no editorial control over their content, and cannot be held responsible for their content or accuracy.  UBIMET does not endorse the content or availability of third party websites and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any informational offerings of third parties.</p>
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  <p><b>9. Connection Requirements and Data Charges</b></p>
  <p>You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Information Service, and UBIMET reserves the right to change the access configuration of the Information Service at any time without prior notice.  You agree that you are responsible for all data charges you incur through use of the Information Service. </p>
  <p><b>10. Intellectual Property.</b></p>
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  <p>(a) UBIMET’s Intellectual Property.  The UBIMET and MORECAST names and logos are trademarks of UBIMET, and may not be copied, imitated or used, in whole or in part, without the prior written permission of UBIMET.  In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks or trade dress of UBIMET, and may not be copied, imitated or used, in whole or in part, without the prior written consent of UBIMET.  All material provided in the Information Service, unless it is the proprietary intellectual property of some third party, is the intellectual property of UBIMET, including the aforementioned service marks, trademarks and trade dress as well as all copyright works.  You expressly acknowledge that none of these items of intellectual property may be reproduced or used other than in accordance with this Agreement.</p>
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  <p>(b) Notice and Procedure for Claims of Copyright Infringement.  If you believe that any Content, Information or other materials provided through the Information Service infringes your copyright, please inform UBIMET by email at <ulink url="mailto:support@morecast.com">support@morecast.com</ulink>. In your email, please identify the following: (a) your name and contact information; (b) the identity of the copyrighted work alleged to have been infringed; and (c) the identity of the allegedly infringing material.  Please take care to include all required information, as complaints that are incomplete may not be processed.</p>
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  <p><b>11. Privacy Policy</b></p>
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  <p>(a) The personal data provided by you in the course of your use of the Information Service, particularly your contact information (i.e., telephone number, facsimile number and e-mail address), are processed by UBIMET to provide and conduct the Information Service. You hereby expressly consent to the collection, use, sharing and transfer of your personally identifiable information, including the transfer and processing of your information outside your home country</p>
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  <p>(b) Subject to revocation, you hereby expressly agree to receive (facsimile e-mail and SMS) messages at any time with information from the Information Service, even if these messages contain advertisements from UBIMET and/or third parties that may not be companies in related industries, in addition to the information from the Information Service. </p>
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  <p>(c) By registering or use of Information Service, you also expressly consent to the use of the personal data you provide, particularly the contact information and your location information (as far as the localization function on your device is activated), by UBIMET for UBIMET’s advertising and marketing purposes and for the advertising and marketing purposes of UBIMET’s advertising partners. </p>
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  <p>(d) You grant UBIMET express consent to transmit the above-mentioned personal data to its existing and future advertising partners for their advertising and marketing purposes. </p>
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  <p>(e) In particular, by providing your telephone number, facsimile number and/or e-mail address, you expressly agree to receive telephone calls, facsimile messages, and/or electronic mail (e-mail, SMS messages etc.) from UBIMET and its advertising partners for advertising and marketing purposes. </p>
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  <p>(f) This consent shall be valid during the agreed-upon term of the contract and can be revoked at any time. Any revocation and any change in personal data shall be emailed to <ulink url="mailto:support@morecast.com">support@morecast.com</ulink>.</p>
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  <p>(g) When you access the Information Service, this may result in the use of cookies. A cookie is a text file with number codes, which is sent to your web browser and stored on the user’s device in order to make the Information Service more user-friendly, effective and safe. You can prevent this from happening by adjusting the settings on your device. The data obtained by UBIMET through this means contains no personal references. UBIMET uses this data for statistical and marketing purposes and to optimise its Information Service. </p>
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  <p> (h) For our Information Service UBIMET uses Google Analytics in order to constantly improve the site and/or identify errors. For this purpose certain data is stored such as the Information Service visited, including its metadata, the internet pages referring to UBIMET, the time at which the Information Service was called up and the browser used. The data will be passed on and stored on a Google server. Google may pass the stored data to third parties, as far as this is legally required or as far as such third parties process the information on Google´s behalf. Google will not in any case connect your IP-address with other Google data. In order to exclude data aggregation and analysis by Google Analytics caused by your visit to this website/App, please configure your internet browser to erase all cookies from your computer's hard drive, block all cookies or to receive a warning before a cookie is stored. If you change your device or internet browser, you must set the exclusion again. UBIMET points out that if you do so you may not be able to use the full functionality of the Information Service. </p>
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  <p>(i) For the Information Service UBIMET uses the analysis-program “Adjust”. This analysis-program uses anonymized IP-addresses of users for analysis reasons only. Hereby, a conclusion on a specific individual is not possible. More detailed information is available on: <ulink url="https://www.adjust.com">https://www.adjust.com</ulink>.</p>
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  <p>(j)	We have contracted with Yahoo to monitor certain pages of our website for the purpose of reporting web traffic, statistics, advertisement ‘click-throughs,’ and/or other activities on our website. No personally identifiable data is transferred to Yahoo by us. Where authorized by us, Yahoo may use cookies, web beacons, and/or other monitoring technologies to compile anonymous statistics about our website visitors. However, if you choose, you may opt out from Yahoo’s collection of such information outside of the Yahoo distribution network, by clicking on the following link: <a href="http://info.yahoo.com/privacy/us/yahoo/opt_out/targeting/details.html >">http://info.yahoo.com/privacy/us/yahoo/opt_out/targeting/details.html &gt;</a></p>
  <p>(k) UBIMET reserves the right to use further analysis-programs of other providers. In this regard, UBIMET will ensure that all data will be used only anonymized and a conclusion on a specific individual will be excluded. The analysis-programs can be deactivated at any time within the App in the settings. </p>
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  <p>(l) When using the App of UBIMET, location data are passed on to UBIMET for the purpose of a better usability, especially for automatically weather display of the respective location of the user. By your request to receive weather information, UBIMET determines your actual location through your device and/or GPS technology. Furthermore, this data is used for more effective processing of the weather request. After the installation of the App the localization functions are standardly (by default) active in the respective settings of the device. Any time you may activate or deactivate the localization functions in your device and depending on the used device you will be asked thereafter before or after installation of the application. Only when the localization functions are activated localization data can be processed by UBIMET. Upon completion of your request your localization data will be made anonymous and statistically evaluated for improvement of the UBIMET services and for the purpose of marketing.</p>
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  <p><b>12. Disclaimer of Warranties</b></p>
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  <p>(a) Availability.  Although it is UBIMET's intention for the Information Service to be available as much as possible, there will be occasions when the Information Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links or equipment.  UBIMET also relies on the timely supply of data from third parties in order for UBIMET to provide the Information Service.  UBIMET makes no warranty and assumes no liability of any kind for any failures and any claims in this regard are expressly excluded.</p>
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  <p>(b) Forecasting.  UBIMET shall provide the Information Service in accordance with recognized rules of meteorological science and technology.  Due to the numerous factors that influence the weather, actual weather conditions cannot be reliably forecasted in all cases.  Likewise, it is not always possible to fully understand weather conditions in retrospect.  Rather, the Information Service provides forecasts based on experience with certain probabilities.  Unintended deviations from actual weather conditions cannot be avoided.  UBIMET therefore makes no warranty that the Information will match actual weather conditions and assumes no liability of any kind towards users and third parties affiliated with them in connection with any failure of any meteorological data, Information or Content to match actual weather conditions. </p>
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  <p>(c) Severe Weather Warnings.  UBIMET explicitly disclaims that any of the Information provided to you constitutes an official severe weather warning.  If you require an official severe weather warning of any kind, you shall not rely on the Information, and should seek alternative sources for such information.</p>
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  <p>(d) GENERAL DISCLAIMER.  THE INFORMATION SERVICE, INCLUDING, WITHOUT LIMITATION, THE INFORMATION AND CONTENT, IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER UBIMET NOR ITS PARENT COMPANY, SUBSIDIARY COMPANIES, NOR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, MANAGERS, REPRESENTATIVES OR AGENTS (COLLECTIVELY, THE "UBIMET PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (I) THE INFORMATION SERVICE; (II) USER-SUBMITTED CONTENT; OR (III) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO UBIMET OR VIA THE INFORMATION SERVICE.  IN ADDITION, THE UBIMET PARTIES HEREBY DISCLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.  UBIMET SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY’S SERVICE OR DATA THAT UBIMET PROVIDES OR USES IN ITS PROVISION OF THE INFORMATION SERVICE.  ALL THIRD PARTY SERVICES AND DATA ARE PROVIDED “AS IS” WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.  THE UBIMET PARTIES MAKE NO WARRANTY THAT THE INFORMATION AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED, USEFUL, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.  YOU ACKNOWLEDGE THAT YOUR USE OF THE INFORMATION SERVICE IS AT YOUR SOLE RISK.  THE UBIMET PARTIES DO NOT WARRANT THAT YOUR USE OF THE INFORMATION SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE UBIMET PARTIES SPECIFICALLY DISCLAIM ALL SUCH WARRANTIES. </p>
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  <p><b>13. LIMITATION OF LIABILITY</b></p>
  <p>TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES WILL UBIMET BE LIABLE TO YOU, TO ANY THIRD PARTY OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES AND WHETHER OR NOT UBIMET HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES) DIRECTLY OR INDIRECTLY ARISING OUT OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE INFORMATION SERVICE, INFORMATION OR CONTENT, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE UBIMET PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE INFORMATION SERVICE, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OR OWNERS, ANY ERRORS OR OMISSIONS IN THE INFORMATION SERVICE'S OPERATION OR ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE UBIMET PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE INFORMATION SERVICE). </p>
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  <p><b>14. Indemnification</b></p>
  <p>You (and also any third party for whom you operate an account or activity on the Information Service) agree to defend (at UBIMET's request), indemnify and hold the UBIMET Parties harmless from and against any claims, liabilities, damages, losses, and expenses (including without limitation, reasonable attorneys’ fees and costs) arising out of or in any way connected with any of the following (including, without limitation, as a result of your direct activities on the Information Service or those conducted on your behalf): (a) your Content or your access to or use of the Information Service; (b) your breach or alleged breach of this Agreement; (c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (e) any misrepresentation made by you.  You will cooperate as fully required by UBIMET in the defense of any claim.  UBIMET reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of UBIMET.</p>
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  <p><b>15. Dispute Resolution.  PLEASE READ THIS SECTION CAREFULLY.</b></p>
  <p>At UBIMET, we expect that our customer service team will be able to resolve most issues that you may have using the Information Service.  However, if an issue remains unresolved, you and UBIMET acknowledge that this Section 15 sets out the dispute resolution process that the parties (you and UBIMET) shall follow.</p>
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  <orderedlist>
    <listitem>
      <p>Informal Dispute Resolution.  You and UBIMET will first discuss any issue informally for at least 30 days.  To do that, please send your full name and contact information, your concern and your proposed solution by mail to UBIMET at: <ulink url="mailto:support@ubimet.com">support@morecast.com</ulink>.  If UBIMET would like to discuss an issue with you, UBIMET will contact you using the email address you provided when you registered for the Information Service. </p>
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  </orderedlist>
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  <orderedlist>
    <listitem>
      <p>Binding Arbitration.  If you and UBIMET do not reach an agreed upon solution by 30 days after our discussions begin, you and UBIMET acknowledge and expressly agree that all disputes arising out of or related to this Agreement (including, without limitation, validity, formation, performance or breach) shall be resolved by binding arbitration by a single neutral arbitrator before the American Arbitration Association (“AAA”) using its Commercial Dispute Resolution Procedures, and where appropriate, its Consumer Arbitration Rules (together, they are the “Arbitration Rules”), or, if the claim qualifies, in small claims court.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including, without limitation, statutory damages, attorneys’ fees and costs), and must follow and enforce this Agreement as a court would.  The Arbitration Rules and filing forms are available online at <ulink url="http://www.adr.org">www.adr.org</ulink> or by calling AAA Customer Service at 1-800-778-7879.</p>
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  <p>(i) Arbitration Location and Procedure.  You may choose to have an arbitration conducted by telephone, videoconference, based on written submissions of documents or in-person.  If you choose to conduct your arbitration in person, any arbitration must be initiated in the largest city in your state within 200 miles of where you live.  To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims to UBIMET’s legal department at <ulink url="mailto:support@ubimet.com">support@morecast.com</ulink>. If we request arbitration against you, we will give you notice at the email address or street address you provided when you registered your Information Service account.  A party requesting arbitration must also provide a copy of the request to the AAA by mail to AAA Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, online at <ulink url="http://www.adr.org">www.adr.org</ulink> or at any AAA office.</p>
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  <orderedlist>
    <listitem>
      <p>Exception.  Except as otherwise provided in this Agreement, you and UBIMET may litigate in court to compel arbitration, stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on an award entered by the arbitrator.  In addition and as provided in clause (b) above, you and UBIMET may litigate in small claims court if the claim qualifies. </p>
    </listitem>
  </orderedlist>
  <p/>
  <orderedlist>
    <listitem>
      <p>Fees.  Your arbitration fees and your share of arbitrator compensation shall be governed by the Arbitration Rules (including, without limitation, as limited by the Consumer Arbitration Rules).  If these fees and costs are determined by the arbitrator to be excessive, UBIMET will pay all arbitration fees and expenses, unless the arbitrator determines your claims are frivolous. </p>
    </listitem>
  </orderedlist>
  <p/>
  <orderedlist>
    <listitem>
      <p>Waiver of Class Action; Time to File a Claim.  You and UBIMET also agree to arbitrate in each of our individual capacities only, and not as a representative or member of a class.  EACH OF US EXPRESSLY WAIVES OUR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.  In addition and to the extent allowed by law, you agree that any claim you may have arising out of or related to your relationship with UBIMET must be filed within one year after such claim arose; otherwise, your claim is permanently barred.</p>
    </listitem>
  </orderedlist>
  <p/>
  <p><b>16. Governing Law</b></p>
  <p>Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including, without limitation, its breach, termination or validity shall be governed by the laws of the State of New York, without regards to its conflict of law provisions; however, if any litigation or arbitration between you and UBIMET occurs outside of the United States, the laws of Austria will apply.  You and UBIMET expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.  If and to the extent the arbitration provision outlined in Section 15 above is not applicable or is determined to be unenforceable against you, you and UBIMET submit to the exclusive jurisdiction of the courts located in New York County, New York and you and UBIMET both WAIVE ANY RIGHT TO A JURY TRIAL.</p>
  <p/>
  <p><b>17. Notice Regarding Apple</b></p>
  <p>You acknowledge that this Agreement is between you and UBIMET only, not with Apple, and Apple is not responsible for the App or the content of this Agreement.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price (if applicable) for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.  Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including, without limitation: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.  Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that your possession and use of the App infringes that third party’s intellectual property rights.  You agree to comply with any applicable third party terms, when using the App.  Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.  You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.  If UBIMET provides a translation of the English language version of this Agreement, the translation is provided solely for convenience, and the English version shall prevail.</p>
  <p/>
  <p><b>18. Miscellaneous</b></p>
  <p/>
  <p>(a) Non-Assignment.  You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without UBIMET’s prior written consent.  Any purported assignment or delegation by you without UBIMET’s prior written consent of UBIMET will be null and void.  </p>
  <p/>
  <p>(b) Geographic Restrictions; Compliance with Laws.  The Information provided within the Information Service and the Information Service itself may be subject to export controls and are not intended for distribution to or use by any person or entity in any jurisdiction or country where distribution or use would be contrary to law or regulation or would subject UBIMET to any registration requirement within the jurisdiction or country.  You agree to comply with all applicable laws regarding software and the transmission of technical data exported form the United States or the country in which you reside.  UBIMET reserves the right to limit the availability of the Information Service or any portion of the Information Service, to any person, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any Information, Content, program, product, service or other feature that UBIMET provides.</p>
  <p/>
  <p>(c) Severability; Third Party Beneficiary; No Waiver.  If any provision of this Agreement is held to be unlawful, void or unenforceable, you and UBIMET agree that the provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions, and the remaining provisions of the Agreement will remain in full force and effect.  Neither the course of conduct between the parties nor trade practice will act to modify the Agreement.  Except as provided in Section 17, this Agreement does not confer any third-party beneficiary rights.  No delay or omission by UBIMET to exercise any right or power it has under this Agreement will impair or be construed as a waiver of that right or power.  A waiver by UBIMET of any breach or covenant will not be construed to be a waiver of any succeeding breach or any other covenant.  All waivers must be signed by UBIMET.</p>
  <p/>
  <p>(d) Survival.  All provisions of this Agreement that, by their nature, should apply beyond the term of this Agreement will remain in force after any termination or expiration of this Agreement.</p>
  <p> </p>
  <orderedlist>
    <listitem>
      <p>Entire Agreement.  Please note that this Agreement constitutes the entire agreement and understanding between you and UBIMET, governs your use of the Information Service and completely supersedes all prior written and oral agreements and all other communications between you and UBIMET.</p>
    </listitem>
  </orderedlist>
  <p/>
  <p/>
</article>
