Key things to know
IMPORTANT – READ THESE TERMS CAREFULLY BEFORE USING THIS DIGITAL DATA. CLEAN POWER RESEARCH®, L.L.C. LICENSES DIGITAL DATA TO YOU ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS STATED HEREIN, THEN CLEAN POWER RESEARCH, L.L.C. IS NOT WILLING TO LICENSE THE DIGITAL DATA TO YOU AND YOU SHALL PERMANENTLY DESTROY ANY COPIES OF THE DIGITAL DATA.
SolarAnywhere® is a database of solar irradiance and associated data.
SolarAnywhere data is © 2008-2010 Clean Power Research, L.L.C.
This License Agreement is between Clean Power Research, L.L.C. (referred to as “Clean Power Research”) and the user (referred to as “licensee” or “you”) and gives you certain limited rights to use the digital data. By accepting the terms of this License Agreement and using this digital data you warrant you are an authorized agent or the principal and have the capacity to enter into this Agreement on behalf of the entity you represent.
PROTECTION OF PROPRIETARY RIGHTS
The Licensee acknowledges that pursuant to this Agreement it obtains only the right to use the Digital 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.
THIS DIGITAL DATA (HEREAFTER REFERRED TO AS THE “INFORMATION” OR “DIGITAL DATA”), ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER CLEAN POWER RESEARCH NOR ANY OF ITS OFFICIALS AND 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 Digital Data with which this license is distributed, within the entity you represent, and to make backup copies of the Digital Data provided that: (i) all applicable copyright notices, and “readme” files(s) are maintained with the Digital Data provided; and (ii) you agree to be bound by the terms of this License Agreement. The Digital Data shall be used only by you, for your own personal or internal business use and not for Internet distribution.
You have no ownership rights in the Digital Data. Rather, you have a License to use the Digital Data as long as this License Agreement remains in full force and effect. Ownership of the Digital Data and all intellectual property rights therein, if any, shall remain at all times with Clean Power Research
The Digital 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 Digital Data.
Licensee shall only use SolarAnywhere Data provided under this Agreement for the Purpose. Any commercial use of the data for resource evaluation, maintenance or other purposes is prohibited until authorized in a separate agreement.
You may use only the Digital Data or subset thereof for which you have paid the required fees. You may use the Digital 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 Digital 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 Digital Data in whole or in part to a third party and not maintain the Digital Data or any subset thereof within the entity you represent, you shall contact Clean Power Research as outlined below to request a license transfer. Upon execution of the license transfer, you shall permanently destroy any copies of the Digital Data maintained or stored within the entity you represent.
If you or the entity you represent intend to relay or deliver the Digital Data in whole or in part to a third party and maintain the Digital Data or any subset thereof within the entity you represent then the third party shall purchase a separate license for the Digital Data. This requirement extends to programs, software or services for solar simulation and/or for the graphical interpretation, display, visualization or rendering of the Digital Data.
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 Digital Data without the written consent of Clean Power Research. No part of this restriction should be construed to disallow the creation of studies, reports or analyses consistent with the Purpose so long as the Digital Data is not transferred in whole or in part to an unlicensed third party. However, results or analyses relayed to a third party shall not allow for the derivation or reverse engineering of the Digital Data in whole or in part.
You shall not publish, transmit or communicate any competitive comparison, analysis or “benchmarking” of the Digital Data without the prior written consent of Clean Power Research. Published or posted analysis based in whole or in part on SolarAnywhere Digital Data must reference Clean Power Research® and SolarAnywhere® as part of the final work.
Furthermore, you shall not make use of SolarAnywhere 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 as competitive offerings to SolarAnywhere or any other existing product 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 incentive and interconnection program management.
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 Digital 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 Digital 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 Digital Data or the service through which it is obtained,
- incompatibility between the Digital 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 Digital 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.
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 Digital 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 Digital Data to Clean Power Research and certify in writing that all known copies of the Digital 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 Digital 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.
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 Digital 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 http://www.cleanpower.com/contact.aspx, send email to Support@SolarAnywhere.com or send US postal mail to:
Clean Power Research
1541 Third St.
Napa, CA 94559
Clean Power warrants that the Digital 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 Digital Data infringes a valid United States patent or copyright or misappropriates a third party’s trade secret.
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 Digital 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.