Terms of Use (End User License Agreement)
Terms of
Use: These Terms of Use govern your use of the Engineering Software
International ("ESI") "Online Heating and Cooling Load Calculation Tool", and, unless other terms and conditions expressly govern, any other
electronic services provided by ESI that may be available from time to time
(collectively, "the Services").
General: Your use of the
Services constitutes your agreement to these Terms of Use. ESI reserves the
right to change, modify, add, or remove portions of these Terms of Use at any
time. Please check this page periodically for any modifications. Your use of any
of the Services following the posting of changes constitutes your acceptance of
the changes.
Ownership: The content of the Services is the
property of Engineering Software International, Inc., its affiliated companies,
or licensors and is protected by copyright, patent and trademark laws.
Laclede Gas Company owns the calculated data (i.e., the actual inputs &
outputs) and may modify, delete, or make it available to others at
anytime.
Use of Content: You may display, print or download content
on the Services only for your personal and/or professional use, provided you do
not remove or alter any copyright, trademark, service mark or other proprietary
notices or legends.
ESI grants you a personal, non-transferable and
non-exclusive right and license to use its Services, provided that you do not
(and do not allow any third party to) copy, modify, create a derivative work
from, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Services. You agree not to modify the Services in any
manner or form, or to use modified versions of the Services, including (without
limitation) for the purpose of obtaining unauthorized access to the Services.
You may not publish, distribute, retransmit, sell, or provide access to the
content on the Services. (You may print output screens, as well as Input-Output
summaries).
You acknowledge and agree that the Services and any
necessary software used in connection with the Services ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws.
Specifically, you agree to comply
with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
You agree
to not use the Services to:
- Make available any information that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful or racially, ethnically or otherwise
objectionable;
- Make available any information that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
- Make available any information that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
- Make available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software, hardware or telecommunications
equipment;
- Interfere with or disrupt the Services or servers or networks connected to
the Services, or disobey any requirements, procedures, policies or regulations
of networks connected to the Services; and
- Intentionally or unintentionally violate any applicable local, state,
national or international law or any regulations having the force of law.
With the exception of the (text-based) "Input-Output Summaries"
generated by the ESI Online Heating and Cooling Load Calculation Tool (as a Service), you may
not engage in systematic retrieval of content from the Services to create or
compile, directly or indirectly, a collection, compilation, database or
directory without written permission from ESI. Nor may you mirror on your own
site the home page or results pages of the Services. (The" Input-Output
Summaries" may be downloaded individually, at any time, to your local PC or server).
With the exception of the "Input-Output Summaries"
generated by ESI the Online Heating and Cooling Load Calculation Tool (as a Service), if you want
to post, publish or use content from (or contained within) the Services on your
Web Site or in any other Internet activity, you will need permission from ESI,
even though your Web Site or Internet activity is free of charge. Requests
should be directed to: customerservice@esiprograms.com.
Disclaimer of Warranties: The services and all
information, products and other content included in or accessible from the
services are provided "as is" and without warranties of any kind (express,
implied and statutory, including but not limited to the implied warranties of
merchantability and fitness for a particular purpose), all of which ESI
expressly disclaims to the fullest extent permitted by law.
Limitation of Liability: In no event shall ESI, its
directors, officers, shareholders, parents, subsidiaries, affiliates, agents and
licensors or content providers be liable for any indirect, special, incidental,
punitive or consequential damages arising out of or related to the use,
inability to use, performance or nonperformance of the services, even if ESI was
previously advised of the possibility of such damages and regardless of whether
such damages arise in contract, tort, under statute, in equity, at law or
otherwise.
Indemnification: To the fullest extent
permitted by law, you agree to indemnify and hold ESI, its directors, officers,
shareholders, parents, subsidiaries, affiliates, agents and licensors harmless
from and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, arising out of the use or copying of the Services or any of
their content, the violation of these Terms of Use or any applicable laws or
regulations.
Governing Law: These Terms of Use are
governed by the laws of the United States and the State of Missouri, without
giving effect to any principles of conflicts of laws.
Security: If you are a subscriber to any of the Services
that are available (" Services"), your right to use
the Services is personal to you and your . Your right to use the Services is not
transferable. You are responsible for protecting the confidentiality of your
credentials for access to the Services (e.g., your username and
password) and for complying with any guidelines prescribed by ESI from time to
time to prevent unauthorized access to the Services. You agree to
immediately notify ESI of any unauthorized use of your password or any other
breach of security. ESI reserves the right to perform one-way encryption of
passwords, etc. for security purposes.
You agree that ESI may, under
certain circumstances and without prior notice, immediately terminate access to
the Services. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the Terms of Use, (b) requests by law enforcement
or other government agencies, (c) unexpected technical or security issues or
problems, and (d) engagement by you in fraudulent or illegal activities.
Cancellation: You
may cancel your membership at any time. If you wish to cancel your
membership, please send ESI a written confirmation by mail or fax. For security
reasons, we do not accept cancellations via phone or email.
Termination: Either party shall have the right to terminate your
membership at any time by providing notice of termination to the other.
In the event of termination of your membership by either party, you
shall have no claims against ESI or its affiliates. Termination of your
membership automatically terminates your license to use the Services and any
content or other material contained therein. ESI may terminate your
at any time, especially as a result of your breach of the Terms of Use.
Additional Terms Applicable to Individuals (aka
"Members") to the Services:
- Definitions: As used in these additional terms, "you," or "yours"
refers to each person who establishes a subscriber (or "individual member")
account ("Account") or who is authorized to access and use any of the Services.
- Account: You are responsible for all use of your Account under any
user ID ("Username") or password by any person and for ensuring that all use
of your Account complies fully with the provisions of this Usage Agreement.
- Termination: Either party shall have the right to
terminate your individual membership at any time by
providing notice of termination to the other. In the event of termination of
your individual membership by either party, you shall have no claims against ESI or its
affiliates. Termination of your automatically terminates your
license to use the Services and any content or other material
contained therein. ESI may terminate your individual membership at any time, especially
as a result of your breach of this Agreement.
- Account Information: You agree to provide current, complete, and
accurate information for your individual membership in order to receive access to the Services. You agree to promptly update all Account information to
keep your account current, complete and accurate (such as a change in address,
email address, or telephone number). Changes
to such information can be made by mail, email or by using the "Contact &
Feedback Form" available in the Table of Contents area of the "Main Entry
Screen" at http://laclede.esiprograms.com.
- Cancellation of Individual Membership:
You may cancel your individual membership at any time. You may cancel your
individual membership by providing notice of cancellation. If you wish to
cancel , please send ESI a written confirmation by mail or fax. For security
reasons, we do not accept cancellations via phone or email.
Legal Notices
Copyrights
All contents of
the Services are protected under copyright law. ©2009 Engineering Software
International, Inc., (an affiliate of Coad Engineering Enterprises, Inc.). All
rights reserved.
Patents
The functionality and other aspects of the
Services are subject to Patent Pending.
Trademarks
"ESI," "ESI
Programs," "ESIPrograms" and other marks that appear throughout the Services
belong to Engineering Software International, its affiliates, or third-party
trademark owners. Except as permitted by applicable laws, you are prohibited
from using any of the marks appearing on the Services without express written
consent from the respective trademark owners.
©2009 Engineering
Software International, Inc., (an affiliate of Coad Engineering Enterprises,
Inc.). All rights reserved.
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