License

SolarAnywhere® End-User License Agreement

SolarAnywhere is a database of solar irradiance and associated data.
SolarAnywhere data is © 2008-2020 Clean Power Research®, L.L.C.

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. ACCESSING, DOWNLOADING, OR OTHERWISE USING SOLARANYWHERE DATA CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. THIS END-USER LICENSE AGREEMENT (“AGREEMENT” OR “LICENSE AGREEMENT”) FOR SOLARANYWHERE DATA IS A LEGAL AGREEMENT BETWEEN YOU AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, “YOU” OR “LICENSEE”) AND CLEAN POWER RESEACH, L.L.C. (“CLEAN POWER RESEARCH” OR “LICENSOR”). BY ACCEPTING THE TERMS OF THIS LICENSE AGREEMENT, YOU WARRANT THAT YOU ARE AN AUTHORIZED AGENT OR PRINCIPAL OF THE ENTITY YOU REPRESENT AND HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. CLEAN POWER RESEARCH IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT.

IMPORTANT – READ THESE TERMS CAREFULLY BEFORE USING SOLARANYWHERE DATA. “DATA” SHALL MEAN THE INFORMATION PROVIDED OR RELAYED TO THE LICENSEE VIA ANY METHOD, INCLUDING THE SOLARANYWHERE APPLICATION PROGRAMMING INTERFACE (API), VIA DOWNLOAD OR ACCESS DIRECTLY VIA SOLARANYWHERE.COM, OR OTHERWISE OBTAINED IN ANY FORM, INCLUDING PERSISTED OR STORED DATA OR COPIES THEREOF IN DIGITAL, ELECTRONIC, HARDCOPY OR OTHER FORMAT AND WHETHER IN HUMAN READABLE OR NON-READABLE FORMS.

PROTECTION OF PROPRIETARY RIGHTS

The Licensee acknowledges that pursuant to this Agreement it obtains only the right to use the Data consistent with this Agreement and that no right, title, or interest in or to any copyrights, trademarks, or other proprietary rights relating to the Data is transferred or licensed from Clean Power Research to Licensee.

Licensee shall not remove, alter, cover, or disguise any acknowledgements, copyright notice, trademark, or other proprietary rights notice placed by Clean Power Research on the Data or any portion thereof. Licensee shall comply with directions submitted by Clean Power Research from time to time regarding the form and placement of proprietary rights notices on the product, or any portion thereof.

1. Disclaimer

THE DATA ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER CLEAN POWER RESEARCH NOR ANY OF ITS OFFICIALS NOR EMPLOYEES MAKES ANY WARRANTY OF ANY KIND FOR THIS INFORMATION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CLEAN POWER RESEARCH.

The information is collected from various sources and will change over time without notice. Clean Power Research and its officials and employees assume no responsibility or legal liability for the accuracy, completeness, reliability, timeliness, or usefulness of any of the information provided nor do they represent that the use of any of the information will not infringe privately owned rights. While Clean Power Research endeavors to provide a usable, complete and high-quality irradiance data stream, events can occur in the generation of SolarAnywhere data that are beyond the control of Clean Power Research. For instance, the satellite platforms—upon which SolarAnywhere relies for imagery and other remote sensing data and which are operated by the US National Oceanic and Atmospheric Administration (NOAA)—could become nonfunctional or be damaged or destroyed, interrupting the flow of imagery into SolarAnywhere and the consequent generation of irradiance measurements. Thus, data could be missing from SolarAnywhere or in error. In such cases, Clean Power Research actively monitors remediation efforts by NOAA or other active parties and may take additional steps to provide supplemental data to customers. Clean Power Research will make a best effort to communicate relevant outages or issues it becomes aware of directly to customers.

The information is not intended to constitute advice nor is it to be used as a substitute for specific advice from a licensed professional. You should not act (or refrain from acting) based upon the information without independently verifying the information and, as necessary, obtaining professional advice regarding your particular facts and circumstances.

2. Grant of License

Clean Power Research grants You a nonexclusive, nontransferable license to use the Data with which this license is distributed, within the entity You represent, and to make backup copies of the Data provided that: (i) all applicable copyright notices, and “readme” files(s) are maintained with the Data; and (ii) You agree to be bound by the terms of this License Agreement. The Data shall be used only by You, for your own personal or internal business use and not for distribution.

3. Ownership

You have no ownership rights in the Data. Rather, You have a license to use the Data as long as this License Agreement remains in full force and effect. Ownership of the Data and all intellectual property rights therein, if any, shall remain at all times with Clean Power Research.

4. Copyright

The Data may contain material that is protected by the United States Copyright Law and by international treaty provisions. All rights not granted to You herein are expressly reserved by Clean Power Research. You may not remove any proprietary notice of Clean Power Research from any copy of the Data.

5. Permitted Uses

You may use only the Data or subset thereof for which You have paid the required fees. You may use the Data internal to the entity You represent subject to the restrictions outlined below.
If You or the entity You represent are engaged in the creation or modification of studies, reports or analyses performed as a paid or unpaid service for a third party, You may use the Data in the course of performing the calculations necessary for the studies, reports or analyses subject to the restrictions outlined below. However, if You intend to relay or deliver the Data in whole or in part to a third party and not maintain the Data or any subset thereof within the entity You represent, You shall contact Clean Power Research as outlined below to request a license transfer, which Clean Power Research may or may not provide at its sole discretion. Upon execution of a license transfer, You shall permanently destroy any copies of the Data maintained or stored within the entity You represent.

If You or the entity You represent intend to relay or deliver the Data in whole or in part to a third party and maintain the Data or any subset thereof within the entity You represent then the third party shall purchase a separate license for the Data in advance of any delivery by You to the third party, however Clean Power Research maintains sole discretion on purchase and license eligibility: Clean Power Research may choose not to license the Data to the third party. This requirement extends to programs, software or services for solar simulation and/or for the graphical interpretation, display, visualization or rendering of the Data.

6. Restrictions

You shall not sell, rent, lease, publish, post, license, lend, assign, timeshare, or transfer in whole or in part, or provide unlicensed third parties access to prior or present versions of the Data without the written consent of Clean Power Research. Clean Power Research shall be the sole and final arbiter on the license status of any entity or individual. No part of this restriction should be construed to disallow the creation of studies, reports or analyses so long as the Data is not transferred in whole or in part to an unlicensed third party and so long as the other conditions in this agreement, including the benchmarking restriction in this section are met. However, results or analyses relayed to a third party shall not allow for the derivation or reverse engineering of the Data in whole or in part.

You shall not publish, transmit or communicate any competitive comparison, analysis or “benchmarking” of the Data without the prior written consent of Clean Power Research. Published or posted analysis based in whole or in part on the Data must reference Clean Power Research® and SolarAnywhere® as part of the final work.

Furthermore, You shall not make use of the Data or derivatives thereof in whole or in part in internal or external processes that involve the exploration, creation or development of any products that could be considered —at the sole discretion of Clean Power Research—as competitive offerings to SolarAnywhere or any other existing product or service licensed or sold by Clean Power Research. This includes, but is not limited to, solar irradiance forecasting, solar installation siting or equipment quoting tools and renewable energy or utility program management tools or systems.

7. Limitation of Liability

You can recover from Clean Power Research only direct damages up to an amount equal to the fees You have paid to us for the Data for one year. Neither party can recover consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to any claim arising under this Agreement, including without limitation, anything related to:

    • the Data and the service through which it is obtained,
    • content on third party Internet sites, third party programs or third party conduct,
    • viruses or other disabling features that affect your access to or use of the Data or the service through which it is obtained,
    • incompatibility between the Data and other data, services, software and hardware,
    • delays or failures You may have in initiating, conducting or completing any transmissions or transactions in connection with the Data in an accurate or timely manner, and
    • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:

    • this remedy does not fully compensate a party for any losses, or fails of its essential purpose; or
    • a Party knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to You to the extent limited by state law.

8. Termination

This Agreement is effective until it is terminated. You may terminate this Agreement at any time by destroying or returning to Clean Power Research all copies of the Data in your possession or under your control, including backup and archival copies. Clean Power Research, upon not less than ten (10) days prior written notice to you, may terminate this Agreement for any reason, including but not limited to, your violation of any of the terms of this Agreement. Within 30 days of notification of termination, You agree to return the original Data to Clean Power Research and certify in writing that all known copies of the Data, including backup and archival copies, have been destroyed. All provisions relating to proprietary rights and transfer prohibitions shall survive the termination of this Agreement. If Clean Power terminates this Agreement for a reason other than your violation of the terms of this Agreement, Clean Power shall make a prorated refund of the license fee.

9. Return and Refund Policy

As noted above, SolarAnywhere Data is licensed on an “AS IS” basis. There are no refunds, returns or exchanges provided by Clean Power Research, L.L.C. for SolarAnywhere license purchases or downloads. SolarAnywhere support will make reasonable efforts to troubleshoot technical problems.

10. No Waivers

No failure or delay by Clean Power Research in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Clean Power Research.

11. Order of Precedence

Any conflict between the terms of this Agreement and any other form of agreement or terms shall be resolved in favor of the terms expressed in this Agreement.

12. Transfer and Contacting Clean Power Research

Clean Power Research may transfer this license, in whole or in part, at any time with or without notice to You. You may not transfer this license, or any part of it, or the Data or service through which it is obtained, either temporarily or permanently, to any other person or entity without the prior written consent of Clean Power Research.

To contact Clean Power Research to report problems or to request a license transfer, please visit https://www.cleanpower.com/contact-us/, send email to Support@SolarAnywhere.com or send US postal mail to:

Clean Power Research
1541 Third St.
Napa, CA 94559

13. Indemnification

Clean Power warrants that the Data shall be delivered free of the rightful claim of any third person by way of infringement. Furthermore, the Clean Power will defend, indemnify, and hold You harmless against a third-party action, suit, or proceeding (“Claim”) against You to the extent such Claim is based upon an allegation that a Data infringes a valid United States patent or copyright or misappropriates a third party’s trade secret.

14. General

This Agreement shall be construed, interpreted and governed by laws of the United States of America and the State of California without regard to the conflicts of law provisions thereof. Licensee and Clean Power Research shall attempt to resolve conflicts or disputes under this Agreement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator. If mediation does not settle any dispute or action which arises under this Agreement or which relates in any way to this Agreement or the subject matter of this Agreement, it shall be subject to arbitration under the rules governing commercial arbitration as promulgated by the American Arbitration Association, arbitrability shall be subject to the Federal Arbitration Act and the locale of the arbitration shall be Northern California.

This Agreement shall constitute the entire agreement between the parties hereto, pertaining to the use of the Data.

In the event any of the provisions on this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be eliminated or limited to the minimum extent necessary so this License Agreement shall otherwise remain in full force and effect.

10/28/2020