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I am a researcher and am interested in a weather data. I found a suitable data at Weather Grounded Organization. I would like to use this data for my research project (publication). However, I do not know whether I can use it in my publication as it will be a personal use. At the terms of use, I found this:

1- PERMITTED USE. You may use the Site and the features, information, pictures and other data contained therein (collectively, the "Data") only for personal, non-commercial purposes. You may access, view and make copies of the Data in the Site for your personal, non-commercial use and will not publish or otherwise distribute the Data for any other purpose. Without limiting the foregoing, you may not utilize the Site to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Data, in whole or in part. Further restrictions on the use of this Site and its Data are provided in Sections 2, 6 and 9 of these Terms and in the Photo Gallery Agreement (where applicable).

2- OWNERSHIP/TRADEMARKS. Participant does not acquire or have any ownership, license or other proprietary interest in the Site or the Data. You understand that the Site and the Data are protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material except as permitted by law. Specifically, some of Data on this Site, including all data derived from the .Personal Weather Station. Network, is unique and proprietary to WUI, is not part of the National Weather Service data network and is not available for commercial use without the advance written consent from WUI. ANY USE OF THIS DATA SHALL ACKNOWLEDGE Wunderground.com AND/OR THE WEATHER EXCHANGE AS THE SOURCE. WUI will take appropriate legal action to protect and safeguard any unauthorized use of this Data.

Any help, please?

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    "You may not [...] create derivative works," is the most relevant part. A publication would be derivative work.
    – Roland
    Jun 4, 2020 at 9:03
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    And anything involving others (a publication involves reviewers, the journal and readers) is not personal use. You can do the most amazing and sophisticated analysis with the data, as long as you don't share the result with anyone.
    – Roland
    Jun 4, 2020 at 9:07
  • @Roland Thanks for your comments. They are really appreciated.
    – Maryam
    Jun 4, 2020 at 9:22

1 Answer 1

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Yes, you contact them and get permission.

Section 1 that you quote states:

You may access, view and make copies of the Data in the Site for your personal, non-commercial use and will not publish or otherwise distribute the Data for any other purpose

Which means you cannot publish that data in any form, which is what you say you wish to do.

So, contact them, you might find they give you qualified permission.

Edit: Buffy's comment is important, so I have borrowed it:

you have to assume that a non response means you cannot use it. Permission is required

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  • Thanks a lot. I contacted them, but unfortunately, they did not response me.
    – Maryam
    Jun 4, 2020 at 8:44
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    How long since you contacted them? They may not be as rapid as you wish especially in these times. Also did you contact the "right" person? May be hard to find the "right" one...
    – Solar Mike
    Jun 4, 2020 at 8:45
  • @Maryam thank you for selecting my answer as correct, but standard form here is to upvote answers and after 24 hours select what you consider to be the best one...
    – Solar Mike
    Jun 4, 2020 at 8:47
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    Thanks you so much for all the comments and help. They send me an and told me that, yes, I can use it.
    – Maryam
    Jun 4, 2020 at 14:11
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    @Maryam That's good news, best of luck with it.
    – Solar Mike
    Jun 4, 2020 at 14:14

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