205, Main Street, Picton, Ontario, K0K 2T0, Canada Systems Consultants - Artwork - Software design and realization Terms and Conditions

     Product Listings

     All prices, products, specifications, and services are subject to change without notice.

     Reasonable efforts have been made to compile these product listings as completely and accurately as possible, but there may be typographical mistakes or errors in content. Stormy Weather SoftWare does not guarantee the accuracy of information contained on this Web site. Prices shown are in Canadian dollars. Shipping, handling, and applicable taxes are not included in the prices unless specifically stated.

     Invoicing and Return Policy

     Any invoice discrepancies must be reported within seven days of the invoice date, otherwise the invoice shall be binding without change. The purchaser is responsible for inspection of all products upon receipt and notifying Stormy Weather SoftWare of any problems.

     It is the customer's responsibility to ensure that they are ordering the correct product for their needs. The purchase of a Registration Personal Code Number after evaluation of Software downloaded from the Internet or supplied as a demonstration or evaluation version is not subject to any refund. If we have shipped diskettes, returned merchandise is subject to a 10% restocking charge. Merchandise must be returned within ten days. Opened Software cannot be returned, unless defective. Defective merchandise is exempted from the restocking fee.

     A defective product is one which has a manufacturing or media defect such that it does not perform as may be reasonably expected. In the event that products returned as defective are in working condition, the return may be refused and the customer is liable for all shipping charges.

     In order to facilitate the return of defective diskettes, please send us e-mail outlining the problem and include the Serial Number of the Software. We will reply with a return shipping address. Return shipping cost, except in the case of defective products, is the responsibility of the Customer.

     Terms, Copyright and Trademarks

     Title to all Software remains with Stormy Weather SoftWare until all monies payable in accordance with the invoice have been paid in full. Stormy Weather SoftWare reserves the right to repossess all unpaid merchandise without the necessity of any legal actions. All content of this Web site, including, but not limited to, graphic images, written copy, HTML and Javascript source code, remains the intellectual property of Stormy Weather SoftWare and may not be reproduced in any form without our prior written consent. All product and vendor names are trademarks or registered trademarks of their respective owners.

     License

You should carefully read the following terms and conditions before using any Stormy Wether SoftWare program. All versions of "Tides", "Astro", "Morse", and "Racepro" will be referred to below as the Software.

EVALUATION AND DOWNLOAD VERSION: You are hereby licensed to: use the Evaluation Version of the Software A MAXIMUM OF TEN TIMES WITHIN A 30 DAY evaluation period; give exact, complete and unedited copies of the original Evaluation version to anyone; and distribute the Evaluation or Download version of the Software in its unmodified form via electronic means. There is no charge for any of the above. You are specifically prohibited from charging, or requesting donations, for any such copies, however made.

Unregistered use of the Software after the 30-day evaluation period is in violation of Canadian and international copyright laws.

EVALUATION AND PURCHASE: The Software is not free Software. This license allows you to use this Software for evaluation purposes without charge for the period stated above. If you use this Software after the evaluation period a registration fee is required, and must be sent to Stormy Weather SoftWare, 205, Main Street, Picton, Ontario, K0K 2T0, Canada. Multiple licenses, Site licenses and quantity discounts are available on request.

REGISTERED VERSIONS: One registered copy of the Software may either be used by a single person who uses the Software personally on one computer only, or installed on a single workstation used nonsimultaneously by multiple people, but not both.

You may access the registered version of the Software through a network, provided that you have obtained individual licenses for the Software covering all the workstations that can access the Software through the network, or a Site license, or multiple licenses covering all work stations that can access the Software.

GOVERNING LAW: This agreement shall be governed by the laws of Canada.

COPYRIGHT: The Software is owned by Stormy Weather SoftWare and is protected by Canadian copyright laws and international treaty provisions. You may not remove the copyright notice from any copy of the Software or accompanying documentation.

OTHER RESTRICTIONS: You may not rent or lease the Software. You may not reverse engineer, decompile or disassemble the Software.

NO WARRANTY:
ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT ALLOWED BY LAW, STORMY WEATHER SOFWARE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. STORMY WEATHER SOFTWARE IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.

LIMITATION OF LIABILITY:
STORMY WEATHER SOFTWARE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL NOT EXCEED TEN DOLLARS.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES:
To the maximum extent permitted by applicable Canadian law, in no event shall Stormy Weather Software or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this Software, even if Stormy Weather SoftWare has been advised of the possibility of such damages.

Additional restriction to the use of "Tides" versions 2.2x

To the best of our knowledge, the Software has not been approved by any Flag Country's Shipping Authority. The Software does not therefore fulfill the legal obligation of carrying approved Tide Tables, and should not be used for navigation.

Shipping Companies and other maritime users should contact us about version 3.x which is custom only and NOT available for evaluation and download. After suitable user licensing, use for navigation with approval of Flag country's Shipping Authority may be possible.

Site and Multiple Licences.

EVALUATION VERSION (available only for Site and Multiple Licences - does NOT apply to files downloaded from these pages. Please contact us for details): You are hereby licensed to: use the Evaluation Version of the Software for A MAXIMUM period of ONE HUNDRED AND EIGHTY DAYS; make exact, complete and unedited copies of the original Evaluation version to anyone within your organization directly or indirectly involved with the evaluation of the Software for its intended purpose. There is no charge for any of the above.

You are specifically prohibited from:

• A. distributing the original Evaluation version or any copy thereof outside your organization.
• B. using the Software for its intended purpose.

Unregistered use of the Software after the evaluation period is in violation of Canadian and international copyright laws.

High Risk Activities

     The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Stormy Weather SoftWare and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

U.S. Government End Users

     The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer Software" and "commercial computer Software documentation," as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.

Stormy Weather SoftWare, 205, Main Street, Picton, Ontario, Canada K0K 2T0
E-mail: e-mail us· Web site: http://www.stormy.ca
Telephone: +1 613 476 1177 · Fax: +1 613 476 7598