Terms of Use

This Web site ("Site") was developed by the University Corporation for Atmospheric Research (UCAR) which includes its programs, the National Center for Atmospheric Research (NCAR) and its labs. By using this Site and/or downloading materials from this Site, you, the user, agree to the terms and conditions set forth in this document (the "Terms of Use"). If you do not agree to be bound by these Terms of Use, please promptly exit all Sites. UCAR reserves the right to modify the Terms of Use in its discretion at any time. Such modifications will be effective when posted.

Copyright

You bear the burden of determining the proper usage of any Materials or content on this Site or any other site. Any copyright notice contained in this Notice or in any other part of this Site shall remain intact and unaltered and shall be included with any use or copy of all or any such part of this Site. The user must include an appropriate citation crediting the source of all or any portion of this Site. Any complaints about copyright use or infringement should be processed as stated under the Copyright infringement procedures.

The rights granted to you constitute a license and not a transfer of title. Except as specifically permitted herein or unless agreed to in writing by UCAR, UCAR does not grant any express or implied right or license to you under any patents, copyrights, trademarks, or other intellectual property rights with respect to this Site or the Materials.

Unless otherwise agreed to in writing by UCAR, UCAR is not obligated to provide, and will not provide, support, consulting, training, or assistance of any kind whatsoever with regard to the use of the content, operation and/or performance of this Site.

Notification of Copyright Infringement

UCAR will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please provide UCAR's Copyright Agent a Copyright Infringement Notification. Subscribers who feel that an infringement notification has been filed in error may submit a Copyright Infringement Counter Notification.

The Digital Millennium Copyright Act requires that all notices of alleged copyright infringement be in writing. For UCAR to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing the UCAR of an alleged copyright infringement, you should:

(1) Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on that site.

(2) Describe the material that is claimed to be infringing and provide sufficient information to permit UCAR to locate that material.

(3) Provide your contact information, including an address, telephone number, and, if available, an e-mail address.

(4) Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.

(5) Certify that the information that you have provided UCAR is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.

(6) Include your physical or electronic signature.

UCAR may not be able to act on your complaint promptly or at all if you do not provide this information.

UCAR's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail:

Copyright Agent
Office of General Counsel
University Corporation for Atmospheric Research
1850 Table Mesa Dr.
Boulder, Colorado 80305

By telephone: (303) 497-8870
By fax: 303-497-8501
By e-mail: copyright@ucar.edu

THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE.

Disclaimer

This JAWS Prototype Data Use Agreement (“Agreement”) is entered into by and between the University Corporation for Atmospheric Research (UCAR) having a mailing address of 1850 Table Mesa Drive, Boulder, CO 80305 and the JAWS Prototype Data User (USER).

UCAR provides and the USER hereby accepts the JAWS Prototype Data subject to the following terms and conditions:

  1. Data Definition. The Juneau Airport Wind System Prototype Data (“JAWS Prototype Data”) is the data created and provided from the prototype JAWS system hardware and software which gathers real-time meteorological data from sensors located in the Juneau area, processes that data into estimations of current levels of turbulence, and distributes meteorological data and turbulence alerts via both directly connected display consoles and displays remotely connected by the Internet, on an as available basis. It also includes all images from cameras located in the Juneau area and displayed on the WEBCAM.
  2. No support. UCAR does not provide maintenance, support, continuing operation, or consulting services for the JAWS Prototype Data unless otherwise agreed to by the parties in a separate writing.
  3. Term and Termination. This Agreement shall remain in effect for as long as the USER uses the JAWS Prototype Data. UCAR may terminate this Agreement if the USER breaches any term of the Agreement.
  4. Limitation of Liability and Disclaimer. UCAR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING FROM THE PROVISION OF, PERFORMANCE OF OR USE OF THE JAWS PROTOTYPE DATA BY THE USER OR ANY THIRD PARTY. THE JAWS PROTOTYPE DATA, INCLUDING ANY SOFTWARE, IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The parties expressly disclaim that the Uniform Computer Information Transactions Act (UCITA) applies to or governs this Agreement. UCAR makes no warranties as to the adequacy of the Jaws Prototype Data or associated documentation, nor to its suitability for any applications. No written or oral information or advice given by UCAR, its agents or employees shall create any warranty.
  5. Indemnification. The USER shall indemnify, defend and hold harmless UCAR and any of its associates or affiliates (including directors and officers) from and against any and all claims, losses, costs, damages and expenses (including reasonable attorneys’ fees) arising from or related to any claims or allegations of any nature whatsoever made against UCAR and any of its associates or affiliates (including directors and officers) as a result of the USER’s use, integration, operation, commercialization, and performance of the JAWS Prototype Data.