Addendum – Davis Weather Integration
This addendum to the Subscription Agreement (“Agreement”) is made and entered as of the date DTN accepts Customer’s order and contains supplemental terms and conditions for the Davis InstrumentsTM Weather Integration services provided by DTN, which may hereinafter be referred to as “Davis Weather Integration”, and which consists of the following DTN Services:
Davis Weather Integration
- Annual inspection of Customer Owned Weather Station
- Requires Davis Model – Vantage Pro 2 or EnviroMonitor Wireless Gateway, with WeatherLink IP in proper working order
- Requires DTNTM Ag Online Professional to view DTNTM Ag Weather Network
- Access to view DTNTM Ag Weather Network
Customer hereby accepts these additional terms and conditions when purchasing Davis Weather Integration:
- Upon execution of this addendum, DTN recommends that Customer promptly archive and download any and all weather information that it currently stores within WeatherLink IP. Once Customer has access to the DTNTM Ag Weather Network, the historical weather information previously maintaining within WeatherLink IP will no longer be accessible by Customer.
- The services provided under this addendum are strictly limited to the Davis InstrumentsTM Vantage Pro 2 and EnviroMonitor model weather station owned by Customer (hereinafter “Customer Owned Weather Station”). Customer hereby agrees that it currently has and will maintain full ownership and equipment property rights of any pre-existing Customer Owned Weather Station(s) in its possession, including any replacements parts subsequently sold to Customer by DTN hereunder. For the avoidance of doubt, the Customer Owned Weather Station will not be considered “leased equipment” or property of DTN. Notwithstanding the foregoing, Customer hereby transfers and assigns to DTN any and all active WeatherLink IP login credentials that it currently has in place for the Customer Owned Weather Station, and necessary for DTN to provide customer with access to view DTNTM Ag Weather Network. Customer hereby agrees to reasonably provide Davis InstrumentsTM and DTN any information required to transfer such Customer login credentials to DTN.
- Customer is fully responsible for setting-up and paying for its own power and internet connections associated with the Customer Owned Weather Station, which may be restricted to certain providers. DTN shall not be held liable for any telecommunication, connection, or third party fees associated with such Customer Owned Weather Station. Customer hereby agrees to properly maintain and keep the Customer Owned Weather Station in fully functional, good working order throughout the duration of the AG Subscription Agreement.
- Customer will promptly notify DTN in the event the Customer Owned Weather Station has any functional issues or has been damaged.
- DTN customer support
- Available 8:00am – 5:00pm CST (excluding Sundays)
- firstname.lastname@example.org via e-mail; or 1-800-590-4999 via phone
- Customer may be charged a one-time flat fee of up to two hundred and fifty United States Dollars ($250.00 USD), for the initial on-site inspection by DTN of each Customer Owned Weather Station. Thereafter, DTN will make its best effort to service the Customer Owned Weather Station at least once per calendar year as long as Customer is a subscriber of DTN Services. Notwithstanding the foregoing, from time to time Customer may be required by DTN to clean or make minor adjustments to the Customer Owned Weather Station. In such event, Customer will reasonably follow the instructions provided by DTN’s customer support department.
- If DTN reasonably determines that replacement parts are required for the Customer Owned Weather Station, then customer hereby agrees to purchase such replacements parts at DTN quoted prices, terms, and conditions. Customer hereby agrees that DTN shall not be held liable in way for the damage or loss of the Customer Owned Weather Station, unless such damage or loss was directly caused by the gross negligence or willful misconduct of DTN.
- Customer acknowledges and understands that it must maintain a subscription to certain DTN Services in order for DTN to receive and display any data or information from the Customer Owned Weather Station. In addition, Customer acknowledges and understands that DTN shall have and maintain full ownership rights in and to any data or information generated from the Customer Owned Weather Station. DTN hereby grants to Customer a non-exclusive, non-transferable, limited license to use any data or information created or derived in connection with Customer Owned Weather Station for its internal purposes only and for the duration of the Agreement.
- This addendum modifies and supplements the Agreement solely to the extent expressly set forth herein. All other terms and conditions within the Agreement, including any amendments or addenda thereto, remain unchanged and in full force any effect.