IMPORTANT-READ CAREFULLY: This Clean Power Research
End-User License Agreement ("EULA") is a legal agreement between you (either an
individual, company, or other entity) and Clean Power Research, LLC for the Clean
Power Research software product identified above, which includes computer software
and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE").
By using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, do not use the SOFTWARE PRODUCT.
This Agreement may be updated and posted on the Internet at www.clean-power.com
without notice.
SOFTWARE PRODUCT LICENSE.The SOFTWARE PRODUCT is
protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
- GRANT OF LICENSE. This EULA grants you the following
non-exclusive rights:
- Software Product. You may use the enclosed SOFTWARE
PRODUCT on your computers to produce sales quotations in PDF format for clean energy
systems and to calculate estimated economic and environmental impacts of purchasing
and installing such systems.
- COPYRIGHT. All rights, title, and copyrights in
and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs,
animations, video, audio, text, source code and "applets" incorporated into the
SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by Clean Power
Research. You may not copy the materials accompanying the SOFTWARE PRODUCT.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Limitations on Reverse-Engineering, Decompilation, and
Disassembly. You may not reverse-engineer, decompile, or disassemble the
SOFTWARE PRODUCT, nor make use of any source code which may become available to
you except as permitted in the GRANT OF LICENSE and except and only to the extent
that such activity is expressly permitted by applicable law notwithstanding this
limitation.
- Rental. You may not rent or lease the SOFTWARE
PRODUCT without written permission from Clean Power Research.
- License Expiration. The SOFTWARE PRODUCT license
must be renewed monthly or annually (depending upon the payment terms) or it will
expire and you will no longer have access to the software. There may be an additional
setup fee when the license is renewed if the license is allowed to expire.
- Software Transfer. The SOFTWARE PRODUCT license
is non-transferable.
- Termination. Without prejudice to any other rights,
Clean Power Research may terminate this EULA if (i) you fail to comply with the
terms and conditions of this EULA or (ii) Clean Power Research ceases to license
the SOFTWARE PRODUCT. If either event occurs, you must cease to use the SOFTWARE
PRODUCT.
- EXPORT RESTRICTIONS. You agree that neither you
nor your customers intend to or will, directly or indirectly, export or transmit
(a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your
Application as described in Section 1 of this EULA (or any part thereof), or process,
or service that is the direct product of the SOFTWARE PRODUCT to any country to
which such export or transmission is restricted by any applicable U.S. regulation
or statute, without the prior written consent, if required, of the Bureau of Export
Administration of the U.S. Department of Commerce, or such other governmental entity
as may have jurisdiction over such export or transmission.
- U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE
PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication,
or disclosure by the Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software
- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Clean Power
Research, LLC / 10 Glen Court / Napa, CA 94558.
- NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, CLEAN POWER RESEARCH EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE
SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT
REMAINS WITH YOU.
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLEAN POWER RESEARCH
OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THIS
CLEAN POWER RESEARCH PRODUCT, EVEN IF CLEAN POWER RESEARCH HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
- SEVERABILITY. If any provision of this Agreement
is found or deemed by a court of competent jurisdiction to be invalid or unenforceable,
it shall be considered severable from the remainder of this Agreement and shall
not cause the remainder to be invalid or unenforceable. In such event, the parties
shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention
of the stricken provision.
- MISCELLANEOUS. This EULA is governed by the laws
of the State of California.
Should you have any questions concerning this EULA, or if you desire to contact
Clean Power Research for any reason, please write to: Clean Power Research, LLC
/ 10501 NE 38th Place Suite 10A / Kirkland, WA 98033.