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End-User License Agreement
END-USER LICENSE AGREEMENT

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.

 I Accept Agreement