EULA
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END USER LICENSE AGREEMENT (Software as a Service)
IMPORTANT-READ CARFULLY: This End User License Agreement (this 'EULA')
contains the terms and conditions regarding your use of the SOFTWARE (as defined
below). This EULA contains material limitations to your rights in that regard.
You should read this EULA carefully and treat it as valuable property.
I THIS EULA
1. Your relationship with eSight Energy.
Product(s) purchased in the US region this EULA relates to eSight Energy, Inc. ('ESIGHT ENERGY');
Product(s) purchased in the EMEA region this EULA relates to eSight Energy Limited ('ESIGHT ENERGY').
2. Software Covered by this EULA. This EULA governs your use of the
ESIGHT ENERGY product(s) accessed or used in this service offering (individually and collectively, the 'SOFTWARE'). The term
'SOFTWARE' includes to the extent provided by ESIGHT ENERGY: (a) any revisions
updates and/or upgrades thereto; (b) any data, images or executable files,
databases, data engines, computer software, or similar items customarily used or
distributed with computer software products; (c) anything in any form whatsoever
intended to be used with or in conjunction with the SOFTWARE; and (d) any
associated media, documentation (including physical, electronic and on-line) and
printed materials (the 'Documentation').
3. This EULA is a Legally Binding Agreement Between You and ESIGHT ENERGY. If
you are acting as an agent of a company or other legal person, such as an
officer or other employee acting for your employer, then 'you' and 'your' mean
your principal, the entity or other legal person for whom you are acting.
However, importantly, even if you are acting as an agent for another, you may
still be personally liable for violation of laws such as copyright infringement.
This EULA is a legally binding agreement between you and ESIGHT ENERGY. You intend
to be legally bound by this EULA to the same extent as if ESIGHT ENERGY and you
physically signed this EULA. By using the
SOFTWARE, you agree to be bound by the terms and conditions contained in this
EULA. If you do not agree to all of the terms and conditions contained in this
EULA, you may not use the SOFTWARE.
II INTELLECTUAL PROPERTY
1. Copyright. You agree that all right, title, and interest in and to the
SOFTWARE (including, but not limited to, any images, photographs, animations,
video, audio, music, text, and 'applets' incorporated into the SOFTWARE), and
any copies of the SOFTWARE, and any copyrights and other intellectual property
therein or related are owned exclusively by ESIGHT ENERGY except to the limited
extent that ESIGHT ENERGY may be the rightful license holder of certain third-party
technologies incorporated into the SOFTWARE. The SOFTWARE is protected by
copyright laws and intellectual treaty provisions. The SOFTWARE is licensed to
you, and not sold to you. ESIGHT ENERGY reserves all rights not otherwise expressly
and specifically granted to you in this EULA.
2. Limitations on reverse engineering, decompilation, and disassembly. You
may not alter, assign, modify, create derivative works, reverse engineer,
decompile, or disassemble the SOFTWARE.
3. Software Rental. You may not rent or lease the SOFTWARE to any other party.
III LIMITED LIABILITIES
1. Liabilities. In no event shall ESIGHT ENERGY be liable for any damages
whatsoever (including, without limitation, damages for loss of business profit,
business interruption, loss of business information, loss of contracts, or for
any financial or economic loss or for any damages or losses, special, direct,
indirect or consequential loss or damages whatsoever) arising out of the use or
inability to use the SOFTWARE, even if ESIGHT ENERGY has been advised of the
possibility of such damages.
2. Use of SOFTWARE.
The data available through this SOFTWARE does not constitute advice or the
making of any recommendation and the content or output of this SOFTWARE should
not be relied upon as the basis for any decision or action. We exclude to the
fullest extent permitted by law any and all liability for any direct, indirect
or consequential loss or damage arising as a result of access to and use of the
SOFTWARE, reliance on the content contained on them or as a result of the
SOFTWARE being unavailable.
3. Use of Data.
The use of information obtained from the SOFTWARE is at your
sole discretion and risk.
IV HOSTED SERVICES
1. Virus Prevention. We take
reasonable precautions to prevent viruses and malicious code in this service,
but you are responsible for ensuring that anything downloaded from this service
is suitable for use and is free from viruses and malicious code. We exclude to
the fullest extent permitted by law and all liability that may arise in
connection with or as a result of any failure to do so.
2. Access by You. You are
responsible for making all arrangements necessary to have access to this
service.
3. Termination.
We have the right to terminate your use of this service at
any time if you are in breach of this EULA.
4. System Availability.
We shall not be liable for any breach of this EULA or any
failure to provide or delay in providing access to the service resulting from
any event or circumstance beyond our reasonable control including, without
limitation, strikes, lockouts and other industrial disputes, breakdown of
systems or network access or other technical equipment including hardware,
software, fire, explosion or accident.
V USAGE TRACKING
The Software tracks anonymous usage data of the Software to improve the
user experience, and by use of the Software you consent to the collection of this
information. The Software also tracks Software failures for the purpose of product
improvements. All information collected is used exclusively for product improvement
and customer support purposes, and is not shared with other parties.
VI MISCELLANEOUS
1. This is the Entire Agreement. This EULA (including any addendum or
amendment to this EULA included with the SOFTWARE) is the final, complete and
exclusive statement of the entire agreement between you and ESIGHT ENERGY. This
EULA supersedes any prior and contemporaneous proposals, purchase orders,
advertisements, and all other communications between you and the provider of this service
in relation to the subject matter
of this EULA, whether oral or written. No terms or conditions, other than those
contained in this EULA, and no other understanding or agreement which in any way
modifies these terms and conditions, shall be binding upon the parties unless
entered into in writing.
2. Right to Change EULA. ESIGHT ENERGY
reserves the right to change any part of this service or the EULA at any time
without notice.
3. You Indemnify ESIGHT ENERGY. You agree to indemnify, hold harmless, and
defend ESIGHT ENERGY and its suppliers and resellers from and against any and all
claims or lawsuits, including legal fees, that arise or result from this EULA.
4. Interpretation of this EULA.
EMEA REGION
If for any reason a court of competent jurisdiction finds any provision of this EULA, or
any portion thereof, to be unenforceable, that provision of this EULA will be
enforced to the maximum extent permissible so as to effect the intent of the
parties, and the remainder of this EULA will continue in full force and effect.
Formative of defined terms shall have the same meaning of the defined term.
Failure by either party to enforce any provision of this EULA will not be deemed
a waiver of future enforcement of that or any other provision. This EULA is
governed by the laws of England. The parties consent to the personal
jurisdiction and venue of England, and agree that any legal proceeding arising
out of the EULA shall be conducted in England.
US REGION
If for any reason a court of competent
jurisdiction finds any provision of this EULA, or any portion thereof, to be unenforceable,
that provision of this EULA will be enforced to the maximum extent permissible so as to
effect the intent of the parties, and the remainder of this EULA will continue in full
force and effect. Formative of defined terms shall have the same meaning of the defined term.
Failure by either party to enforce any provision of this EULA will not be deemed a waiver of
future enforcement of that or any other provision. This EULA is governed by the laws of the
United States; and the state of Illinois. The parties consent to the personal jurisdiction
and venue of Illinois, and agree that any legal proceeding arising out of the EULA shall be
conducted in Illinois.
APAC
If for any reason a court of competent jurisdiction finds any provision of this EULA, or
any portion thereof, to be unenforceable, that provision of this EULA will be
enforced to the maximum extent permissible so as to effect the intent of the
parties, and the remainder of this EULA will continue in full force and effect.
Formative of defined terms shall have the same meaning of the defined term.
Failure by either party to enforce any provision of this EULA will not be deemed
a waiver of future enforcement of that or any other provision. This EULA is governed
by the laws of Hong Kong. The parties consent to the personal jurisdiction and venue
of Hong Kong, and agree that any legal proceeding arising out of the EULA shall be
conducted in Hong Kong in English.
eSight Energy Group Limited
0010520101116
Issued: 6th September 2018
© 1998- All Rights Reserved.