TorCAST ("Software", "Program", or "TorCAST") is a maximum potential severe weather modeling and simulation engine. It is designed to generate theoretical upper-bound ("maximum potential") scenarios for severe weather events to support advanced analysis, educational exploration, personal preparedness planning, and research purposes.
BY DOWNLOADING, INSTALLING, ACCESSING, EXECUTING, OR OTHERWISE USING THE SOFTWARE, YOU (THE "USER") IRREVOCABLY ACKNOWLEDGE THAT YOU HAVE READ, FULLY UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
If You do not agree to every provision of this Agreement, You must immediately cease any use of the Software and uninstall it from all devices.
Subject to Your strict compliance with this Agreement, the Developer/Owner grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one (1) copy of the Software on a single device that You own or control, solely for Your own personal, non-commercial use.
This Agreement grants only a license to use the Software. No ownership rights, title, or interest in the Software or any intellectual property therein are transferred to You. All rights not expressly granted are reserved by the Developer.
You are strictly prohibited from engaging in any of the following activities:
The Software, including all code, documentation, user interfaces, graphics, data models, outputs, and related materials, is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. All intellectual property rights in and to the Software remain the exclusive property of the Developer/Owner. You acquire no rights other than the limited license expressly set forth herein.
THE SOFTWARE IS PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS", WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
This includes, without limitation, warranties of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, or that the Software will be uninterrupted, error-free, accurate, reliable, or free of harmful components.
TorCAST is a maximum potential severe weather simulation engine. It produces theoretical upper-bound modeling outputs and scenario analyses for severe weather phenomena (including, but not limited to, hurricanes, tornadoes, flooding, wind events, and other extreme conditions).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SUCCESSORS SHALL NOT BE LIABLE for any indirect, incidental, special, consequential, punitive, exemplary, or aggravated damages, including but not limited to loss of profits, revenue, data, use, goodwill, business opportunity, anticipated savings, personal injury, death, or property damage, arising out of or in any way connected with Your use of, reliance on, or inability to use the Software or any outputs therefrom, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) and even if advised of the possibility of such damages.
Without limiting the foregoing, YOU ACKNOWLEDGE THAT THE DEVELOPER SHALL HAVE ABSOLUTELY NO LIABILITY for any damages, losses, injuries, or claims arising from any decision, action, or omission made by You or any third party in reliance on the Software or its outputs, including decisions related to evacuation, emergency response, property protection, or any other matter.
In no event shall the Developer's total aggregate liability under this Agreement exceed the amount You actually paid to the Developer for the Software during the twelve (12) months immediately preceding the claim (or $0.00 if the Software was provided free of charge).
You voluntarily and knowingly assume all risks associated with the installation, operation, use, and reliance upon the Software and any outputs it generates, including risks arising from modeling limitations, inaccuracies, errors, omissions, or misinterpretation of results. You hereby release, waive, discharge, and forever hold harmless the Developer from any and all claims, demands, damages, actions, or causes of action arising out of or related to such risks or Your use of the Software.
You agree to indemnify, defend, and hold harmless the Developer and its officers, directors, employees, agents, and affiliates from and against any and all claims, suits, actions, proceedings, losses, damages, liabilities, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your use of the Software; (b) Your violation of this Agreement; (c) Your violation of any law or the rights of any third party; or (d) any decisions or actions taken in reliance on the Software or its outputs.
The Software is architected and operates under a strict "no-personal-data" policy. It is designed to function without collecting, storing, transmitting, or processing any personally identifiable information or personal data. By using the Software, You acknowledge and agree to this data handling approach. The Developer does not collect personal information through the standard operation of the Software.
The Developer reserves the right, at its sole discretion and without obligation, to release updates, patches, feature enhancements, or new versions of the Software at any time. Updates may be delivered automatically. Your continued use of the Software after any update constitutes acceptance of the updated Software and any revised terms. The Developer has no obligation to provide support, maintenance, or updates for legacy or prior versions of the Software.
This Agreement and the license granted herein begin upon Your first installation or use of the Software and continue until terminated. The Developer may terminate this Agreement and Your license immediately and without prior notice or liability, for any reason or for no reason, including any actual or suspected breach of this Agreement. Upon termination, You must immediately cease all use of the Software and uninstall or destroy all copies in Your possession or control. Sections 3, 4, 5, 6, 7, 11, 12, and 13 shall survive termination or expiration.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Software shall be resolved exclusively in the state or federal courts located in Bay County, Florida, and You hereby consent to the personal jurisdiction and exclusive venue of such courts.
All general community questions, policy inquiries, and non-technical matters should be directed to the Social Media & Affiliate Manager. All questions regarding software reliability, functionality, technical usage, or support should be directed to the Owner/Developer.
Notices under this Agreement may be provided through in-app mechanisms, email, or posting on official channels associated with TorCAST.
BY USING TORCAST, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE DEVELOPER.
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