IMPORTANT!

READ CAREFULLY BEFORE USING THE SOFTWARE By using this Software you indicate
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 and the accompanying items within 14 days to the place you obtained them for a
full refund.
GRANT OF LICENSE
This license agreement permits you to use one copy of the Davis Instruments Software included in this
package in object code form only (the "Software") on a single computer, subject to the terms and conditions
of this Agreement. The Software 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 Software 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
computers, provided you have an Extra User License for each additional computer. Contact Davis for
clarification or information about Extra User Licenses. You may make no more than a reasonable number of
copies of the Software for your own use, subject to all of the terms and conditions of this Agreement,
including, without 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 transfer the Software,
accompanying Davis hardware, and Documentation on a permanent basis provided you retain no copies of
any of the Software or Documentation and the 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 prior
versions.
TERMINATION
This Agreement is effective until terminated. Davis may terminate this Agreement at any time upon your
breach of any of the provisions hereof. Upon termination of this Agreement, you will immediately cease all
use of the Software, and return to Davis all copies of the Software and Documentation. You will be liable to
Davis for all damages suffered as a result of that breach. Except for the license granted herein and as
expressly provided herein, the terms of this Agreement will survive termination.
CHANGED PRODUCT FEATURES AND TERMS
Davis has the right at any time to change or discontinue any aspect or feature of 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 Software 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 impose new conditions, including,
without limitation, adding fees and charges for use for services that are currently free or adding or removing
Data upload partners, including, but not limited to, CWOP, GLOBE and any others. Such changes,
modifications, additions or deletions shall be effective immediately upon notice thereof, 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 mail, or by any other means. Any use of the Software or services by you after
such 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 will 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 Software 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 warranty 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
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, 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 OPERATE IN COMBINATION WITH HARDWARE, SOFTWARE, SYSTEMS OR DATA
NOT PROVIDED BY DAVIS, 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 liable for any indirect,
incidental, special, consequential or punitive damages, or damages for business interruption or loss of
profits, revenue, business, savings, 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 been advised of the possibility of
such damages or if such damages are foreseeable. In no event will Daviss liability for damages hereunder
exceed the amounts actually paid by you to Davis for the Software and/or Davis hardware. The parties
acknowledge that the limitations of liability and the allocation of risk in this Agreement are an essential
element of the bargain between the parties, without which Davis would not have entered into this
Agreement. Daviss pricing reflects this 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 warranties set forth above during
the warranty period. Your sole and exclusive remedies, and Daviss entire liability, for such a reported
breach will be to correct or provide a reasonable workaround for any errors that caused the breach of
warranty, 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 for the Software license. Davis will have no
obligations under the warranty provision set forth above if the breach of warranty is caused by abuse,
misuse, alteration, neglect or accidental damage of the Software; the unauthorized repair, modification or
installation of the Software; or the use or attempted use of non-Davis software or hardware in combination
with the Software. Replacement or repair 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 and trademark rights in the Software, Data and Content, the
WeatherLink and weatherlink.com trademarks, and other trademarks, service names, symbols, identifiers,
URL's, formats, designs, and devices. The Software, Data and Content, and all rights thereto, are the
property of Davis and are protected by applicable copyright or other law. The customer shall not claim any
rights, including, without limitation, 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 effect 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
application of which is expressly excluded. In the event of any controversy, claim or 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 for 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 supersedes all prior or
contemporaneous agreements or representations, written or oral, concerning the subject matter of this
Agreement. This Agreement may not be modified or amended except in a writing signed by a duly
authorized representative of 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 unenforceable, 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 remainder of this
Agreement will continue in full force and effect. The waiver by either 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 voluntarily 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 will inure to the benefit of the parties and
their respective successors and assigns.
EXPORT ADMINISTRATION
You will comply fully with all relevant export laws and regulations of the United States, including, without
limitation, the U.S. Export Administration Regulations (collectively Export Controls). Without limiting the
generality of the foregoing, you will not, and you will require your representatives not to, export, direct 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 policy. To see this policy,
goto: http://www.davisnet.com/about/privacy.asp

BY SELECTING THE I AGREE RADIO BUTTON BELOW, YOU

ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THIS
AGREEMENT IN ITS ENTIRETY, (2) YOU AGREE TO BE BOUND BY THIS
AGREEMENT, (3) THE INDIVIDUAL SO CLICKING HAS THE POWER,
AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON
BEHALF OF YOU AND, (4) BY SO CLICKING, THIS AGREEMENT
CONSTITUTES BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.