END-USER
LICENSE AGREEMENT
for
Online Use of AdvanTexService.com
December 19, 2007
IMPORTANT: PLEASE READ THE ENTIRE DOCUMENT BEFORE
AGREEING.
This End-User License Agreement
(“EULA”) is a binding contract between you (“User”)
and Orenco Systems, Inc. (“Orenco”),
and is intended to grant access to Orenco’s AdvanTexService.com Web Site
and database for the collection and storage of service and maintenance data
from onsite and/or decentralized wastewater treatment systems.
A. USE OBLIGATIONS
User acknowledges that the AdvanTexService.com
Web Site and database is a commercially valuable proprietary product of Orenco, the design and development of
which have involved the expenditure of substantial amounts of money over a long
period of time, and which affords Orenco
a commercial advantage over its competitors. User
understands that loss of this competitive advantage due to any unauthorized
reproduction, downloading or use of AdvanTexService.com data would cause
substantial damage to Orenco.
User further acknowledges that User is granted online access to the AdvanTexService.com
Web Site and database in consideration of and only upon User's agreement to the terms and conditions set forth below.
In consideration of the grant to User
by Orenco of access to the AdvanTexService.com
Web Site and database, User
hereby agrees to the terms of this EULA and agrees to use the AdvanTexService.com
Web Site and database only as expressly permitted by this EULA.
User understands that, upon termination
of this EULA for any reason, User
has no right to use the AdvanTexService.com Web Site or database and
agrees to cease all use whatsoever thereof, except for such portions of the AdvanTexService.com
database as have been legitimately downloaded by User during the term of this EULA as permitted therein.
B. LICENSE GRANT
Subject to the terms and conditions
of this EULA, Orenco hereby
grants to User a non-exclusive,
non-transferable limited license to use the AdvanTexService.com Web Site
and database and all AdvanTex® Treatment System data contained
therein in the manner specified below:
1. Access
User represents that the login
information, including password, used to gain access to the AdvanTexService.com
Web Site and database is the information provided by Orenco to User
for such purpose, and that User
has not provided or used, and will not provide or use, the login information of
any other person to gain access to the AdvanTexService.com Web Site or
database.
2. Searches and Use by User
User is licensed only to undertake
searches, create printouts or electronic copies of data, and make use of other
features within the AdvanTexService.com Web Site and database for data
from, or related to, those onsite wastewater treatment systems sold by or under
contract to provide service and maintenance with User, for the benefit of User
or the owner of the onsite wastewater treatment system that is the subject of
the data.
3. Uses Not Permitted
User agrees that User will not, during the term of this EULA or at any time
thereafter, directly or indirectly engage in, take, or refrain from taking any
action or inaction, which may in any way lead to the unauthorized
dissemination, reproduction or use of the AdvanTexService.com database
or data related to AdvanTex® Treatment Systems by any third party,
nor use the same for User’s own
commercial benefit (except as expressly permitted under the terms of this
EULA).
User may not make derivative works of
the AdvanTexService.com Web Site; decode, modify, disassemble,
decompile, reverse engineer, or otherwise tamper with the AdvanTexService.com
Web Site or database; make any attempt to unlock or bypass the security
measures intended to maintain data integrity and/or any initialization system
or encryption technologies utilized by the AdvanTexService.com Web Site
or database; alter, remove or obscure any proprietary legend, copyright, or
trademark notice contained in the AdvanTexService.com Web Site; or
falsify or misrepresent data contained within the AdvanTexService.com
database.
4. Termination of License
(A) User may terminate this EULA at any time by giving written
notice to Orenco via e-mail to
administrator@advantexservice.com.
(B) Orenco may terminate this EULA immediately upon User's breach of a material term of
this EULA, or for any reason upon ninety (90) days written notice to User, which notice may be sent by mail
or e-mail to the mailing or e-mail address used by User during registration. Orenco
may elect, at its option, to limit User’s
access to the AdvanTexService.com Web Site or database during such
notice period.
(C) Immediately upon termination of
this EULA, User will be denied
online access to the AdvanTexService.com Web Site and database.
C. OWNERSHIP
All right, title, and interest in
the data from or related to AdvanTex® Treatment Systems, data from
or related to any other onsite and/or decentralized wastewater treatment system
manufactured in whole or in part by Orenco,
the AdvanTexService.com database, and all copyrights and other rights
therein, are the sole and exclusive property of Orenco.
Data from or related to other onsite
and/or decentralized wastewater treatment systems shall remain the sole and
exclusive property of the User
which holds the contract to provide service and maintenance on such system. User agrees to indemnify and hold Orenco harmless from any actions or
damages that are the result of User’s
disclosure or use of information that it owns.
D. WARRANTIES, DISCLAIMER, AND LIMITATION OF LIABILITY
1. General Limitation
EXCEPT AS EXPRESSLY STATED HEREIN,
THE ADVANTEXSERVICE.COM WEB SITE, DATABASE, AND DATA CONTAINED THEREIN
ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF
INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALINGS, LAW, USAGE, OR
TRADE PRACTICE. USER ASSUMES THE ENTIRE RISK AS TO THE USE OF THE ADVANTEXSERVICE.COM
WEB SITE, DATABASE, AND THE DATA CONTAINED THEREIN. IN NO EVENT SHALL ORENCO BE
LIABLE TO USER OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
2. Database Contents
Significant efforts have been made
by Orenco to assure that data
deposited in the AdvanTexService.com database are secure and remain unaltered.
Orenco cannot warrant, however,
absolute accuracy of the data contained within the AdvanTexService.com
database. The primary source of the data may be the only source of absolute
accuracy.
USER AGREES THAT USER IS RESPONSIBLE FOR DETERMINING THAT ALL INFORMATION
PROVIDED IN OR BY THE ADVANTEXSERVICE.COM WEB SITE OR DATABASE IS
SUFFICIENTLY ACCURATE. ORENCO SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY
ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY ERRORS OR OMISSIONS IN
PROCURING, COMPILING, COLLECTING OR REPORTING THE INFORMATION IN THE PRODUCT.
3. Technical Assistance
User acknowledges that limited
assistance provided by Orenco
will be available, and will be in the form of technical assistance, i.e.,
helping User utilize the product
from a technical standpoint as provided in the information found in the Web
Site’s online Help feature.
4. No Continuing Obligation of
Orenco
Orenco shall use its reasonable best
efforts, but shall have no obligation, to continuously make the AdvanTexService.com
Web Site or database available online, as technical difficulties or other
issues may, from time to time, create Web Site or database downtime.
Additionally, pursuant to Section B.4 above, Orenco
may discontinue offering the AdvanTexService.com Web Site or database to
all Users upon ninety (90) days written notice.
E. SUBSEQUENT CHANGES
1. New Functions or Features
From time to time, Orenco may, but shall have no
obligation to, add new functions or features to the AdvanTexService.com
Web Site or database, or make new information services available to User.
2. Changes in Terms and
Conditions
From time to time, Orenco may amend any of the existing
terms and conditions of this EULA. When such changes occur, Orenco may require that User assent to the then current version
of this EULA upon User’s login to
the AdvanTexService.com Web Site before access will be granted.
F. PRIVACY POLICY
For details of the AdvanTexService.com
Privacy Policy, the latest version of which is hereby incorporated into this
EULA by reference, please click here.
G. EQUIPMENT
1. Incompatibility
Orenco is not responsible and shall not be
liable for incompatibility of the AdvanTexService.com Web Site or
database with any software, hardware or any other equipment utilized by User.
2. Loss, Damage, etc.
Orenco shall not be liable for any loss,
injury, claim, liability or damage of any kind resulting in any way from damage
to User’s equipment, hardware or
software due to use of the AdvanTexService.com Web Site or database.
H. EFFECT AND TERM OF EULA
1. Effect of Agreement
This EULA constitutes the complete
understanding of the parties and supersedes any prior understanding or
agreement, oral or written, relating to the AdvanTexService.com Web Site
or database. No waiver of any provision shall be valid unless in writing and
signed by all parties.
2. Term
This EULA is effective upon
acceptance by User by checking
the “I ACCEPT AGREEMENT” check box. The term of the EULA shall be for a
period of one (1) year from the effective date, and shall automatically renew
for additional 1-year periods, unless otherwise terminated in accordance with
Section B.4 above or when superseded by a subsequent Agreement between the
parties.
I. GOVERNING LAW, VENUE, AND SEVERABILITY
This EULA shall be governed by, and construed
in accordance with, the laws of the State of Oregon. User agrees and consents to the exclusive jurisdiction of the
courts of the State of Oregon for all purposes regarding this EULA and further
agrees and consents that venue of any action brought hereunder shall be
exclusively in the Circuit Court of the State of Oregon for Douglas County or
the United States District Court for the District of Oregon, Eugene Division,
as may be appropriate. Should any provision of this EULA be found to be void,
invalid, or unenforceable in any such action, the remaining provisions shall
remain in full force and effect.
J. NON-ASSIGNABILITY AND NON-WAIVER
Neither this entire EULA, nor any
portion thereof, may be assigned, sublicensed, loaned, leased, distributed or transferred
by User without the written
permission of Orenco. If User engages in any of the
aforementioned prohibited transactions, such transaction shall be void from the
outset.
The failure of either party to
enforce any provision of this EULA shall not be deemed a waiver of that party's
right to enforce that provision or any other provision.