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By clicking "Accept & Continue", you are agreeing to our End-User License Agreement regarding the use of this website.

END USER LICENSE AGREEMENT

THIS END USER LICENSE AGREEMENT (“Agreement”) is a binding contract between CLEAResult Consulting Inc., a Texas corporation and/or an affiliate thereof (“CLEAResult”, “We”, “Us”) and you, and if applicable, any company or legal entity you represent (collectively “you”). The Agreement is effective as of the date you acknowledge acceptance by accessing, registering, or using CLEAResult’s proprietary web services hosted on behalf of your energy utility (“Services”). By using the Services, you agree to be bound by the terms and conditions contained in this agreement.

AGREEMENT
1.   Modifications to this Agreement. You agree that we may modify this Agreement at any time by posting a revised version of the Agreement on our web portal. You must re-acknowledge and accept any revised Agreement before you will be allowed to continue to access the Services.

2.   Title and Scope of License. The Services, together with all their components and all updates, new versions and modifications as well as any related additional material, including but not limited to all derivative works, are the exclusive property and protected intellectual property of CLEAResult. CLEAResult grants you a nontransferable, nonassignable, nonexclusive and royalty-free license to use the Services (“License”). The License grants you only the right to use the Services and includes no other legal or equitable title or other right in the Services or any modification to the Services. You may not sell, assign, pledge, lease, transfer, license, sublicense or in any way encumber the Services. By entering this Agreement, you acknowledge that you are aware of the qualities and essential characteristics of the Services and agree to use the Services at your own risk and responsibility.

3.   Term and Termination.

a.   The term of the License (“Term”) is from the Effective Date and remains in effect for the term of your agreement with CLEAResult or until earlier terminated pursuant to this Section.

b.   The License may be terminated immediately by notice from CLEAResult to you with or without cause, at any time before its expiration.

c.   Upon expiration or termination of this Agreement, the License shall automatically and immediately terminate and you shall immediately cease using the Services. The provisions of Sections 3 and 5 through 7 shall survive termination of this Agreement.

4.   Scope of Use.

a.   You acknowledge that the Services contain unique, confidential and secret information and is the trade secret and confidential proprietary product of CLEAResult. You shall not allow any person or entity not authorized under this Agreement to access the Services. You shall not copy the Services in whole or in part in any manner except as expressly permitted in this Agreement. You shall not disclose or otherwise make the Services available to any person or entity.

b.   You have sole responsibility for your use and operation of the Services, including monitoring and verifying input and output data, providing data for any files or tables, and for maintaining the required operating environment.

c.   You may not reverse engineer, reverse assemble or reverse compile any object code components of the Services. You shall not embed the Services in any third-party applications without the express written consent of CLEAResult.

d.   You agree that you will not use the Services in any manner or for any purpose that violates any right of any person, including but not limited to intellectual property rights, or to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law.

5.   Disclaimer. CLEARESULT DISCLAIMS ANY WARRANTY REGARDING THE QUALITY, OPERATION OF,

OR USE OF ALL OR ANY PART OF THE SERVICES AND FURTHER DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (2) THE RESULTS ARISING OUT OF THE USE OF THE SERVICES WILL BE ACCURATE, COMPLETE OR ERROR-FREE; OR (3) THE SERVICES WILL MEET YOUR NEEDS. CLEARESULT EXCLUDES ANY EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

6.   Indemnification. To the fullest extent permitted by law, you shall indemnify, defend, reimburse, and hold harmless CLEAResult and its successors and their respective directors, officers, members, employees, representatives, and agents from, for, and against any and all allegations, claims, liens, liabilities, losses, demands, damages, expenses, suits, actions, proceedings, judgments, and costs of any kind whatsoever, whether actual or merely alleged and whether directly incurred or from a third party, including, without limitation, settlement costs, court costs, and attorneys’ and expert witness fees and expenses, arising out of, or relating to your use of the Services.

7.   Limit of Liability. CLEARESULT SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF ANTICIPATED REVENUE, PROFITS, OR GOODWILL, WHETHER ARISING IN NEGLIGENCE, BREACH OF CONTRACT, OR UNDER STATUTE OR RULE. UNDER NO CIRCUMSTANCES SHALL CLEARESULT BE LIABLE TO YOU IN EXCESS OF THE AMOUNT YOU PAID IN EXCHANGE FOR THE LICENSE.

8.   Confidentiality.

a.   You shall not use any Confidential Information for any purpose other than as needed to perform your obligations under this Agreement. You will hold all Confidential Information of the other party in strict confidence and will not disclose any Confidential Information to any person other than to its employees and independent contractors who: (i) have a “need to know;” (ii) have been advised of the confidential and proprietary nature of the Confidential Information; and (iii) have signed a written agreement that is as protective of the Confidential Information as that set forth in this Section; except as compelled by court order or otherwise required by law. If you are required by law to disclose Confidential Information, you will immediately notify CLEAResult and cooperate with CLEAResult to obtain a protective order or other appropriate remedy to maintain the confidentiality of the information.

b.   The term “Confidential Information” means all information and materials relating to the Services and/or CLEAResult’s business, in whatever form or medium, disclosed to or received by you, whether visually, by perception, orally or in writing, whether disclosed before or after the Effective Date, and whether or not specifically marked or otherwise identified as “Confidential” or “Proprietary,” except that “Confidential Information” does not include any information that you demonstrate: (i) has become generally available to the public without breach of this Agreement; (ii) you later received from another person who did not violate any duty of confidentiality; or (iii) you developed without use of any Confidential Information by persons who were not exposed to the Confidential Information.

9.   Third-Party Licensors. You acknowledge and agree that any licensors of third-party intellectual property accessed by or incorporated into the Services are third-party beneficiaries of the rights and representations of CLEAResult under this Agreement.

10.   Miscellaneous.

a.   Applicable Law; Arbitration; Remedies.

i.   This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to conflict of law rules.

ii.   Any dispute or claim that relates to this Agreement, its interpretation or breach, or to the existence, scope, or validity of this Agreement or this arbitration provision, shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court with jurisdiction. The parties acknowledge that mediation helps parties settle their disputes and any party may propose mediation whenever appropriate through the Arbitration Service of Portland, Inc. or any mediator selected by the parties. Any dispute or claim for which a party seeks injunctive relief, even if contrary to the language of this section, may be brought in the state and federal courts in Multnomah County, Oregon, and such courts shall be the proper and exclusive forum for any such action.

iii.   You acknowledge that in the event of a breach of Sections 3 or 6, the damage to CLEAResult would be irreparable and extremely difficult to estimate, making any remedy at law or in damages inadequate. Thus, in addition to any other right or remedy available to it, CLEAResult shall be entitled to an injunction restraining such breach or threatened breach and to specific performance of any provision of Sections 3 or 6, and in any case no bond or other security shall be required.

b.   Attorney’s Fees. In the event an action is brought to enforce any provision of or declare a breach of this Agreement, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal costs including attorney fees the prevailing party incurs, including, but not limited to, those related to or arising from any appeal.

c.   Notices. Except as otherwise provided in the Agreement, all notices or other communications under this Agreement must be in writing and delivered to the address you enter into the Services or to CLEAResult at 100 SW Main Street, Suite 1500, Portland, Oregon 97204, Attention: Legal Department. Notices will be deemed accepted three (3) business days after the date of mailing. Addresses may be changed by notice given by such party to the other pursuant to this section or by other form of notice agreed to by the parties.

d.   Assignment. You shall not assign this Agreement, in whole or in part, voluntarily or involuntarily (including a transfer to a receiver or bankruptcy estate) without the prior written permission by CLEAResult.

e.   Entire Agreement. This Agreement contains the entire agreement of the parties regarding the subject matter described in this Agreement, and all other promises, representations, understandings, arrangements and prior agreements related thereto are merged in this Agreement and superseded by this Agreement. The provisions of this Agreement may not be amended, except by an agreement in writing signed by the party against whom enforcement of any amendment is sought.

f.   Severability. If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions in this Agreement shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to effectuate the purpose and intent of this Agreement. The invalidity or unenforceability of any provision of this Agreement in any jurisdiction shall not affect the validity or enforceability of any such provision in any other jurisdiction.

g.   Waiver of Breach. The failure of either party to enforce strict performance by the other of any provision of this Agreement, or to exercise any right available to the party under this Agreement, shall not be construed as a waiver of such party’s right to enforce strict performance in the same or any other instance.

h.   Opportunity for Counsel Review. The parties expressly acknowledge that each has read the terms of this Agreement and that each party has had the opportunity to discuss the terms of this Agreement with independent legal counsel.

i.   Force Majeure. Neither party will be liable for a delay in performing its obligations under this Agreement to the extent that delay is caused by insurrection, war, riot, explosion, nuclear incident, fire, flood, earthquake, or other catastrophic event beyond the reasonable control of the affected party, provided the affected party immediately notifies the other party and takes reasonable and expedient action to resume operations.

j.    No Third Party Beneficiaries. Nothing in this Agreement shall confer any rights or liabilities upon any person that is not a party to this Agreement, except as expressly provided in this Agreement.

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