Terms and Conditions for IRT Energy™
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION
OF THE IRT Energy™ SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS
OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN
SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN
SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED
AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL
ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT
AGREE, DO NOT USE THIS SOFTWARE.
IRT Surveys Ltd and its suppliers own all intellectual property in the Software.
IRT Surveys Ltd permits you to Use the Software only in accordance with the terms
of this Agreement.
1. Definitions.
"Software" means (a) all of the contents of the files with which this Agreement
is provided, including but not limited to (i) IRT Surveys Ltd or third-party computer
information or software; (ii) related explanatory written materials or files ("Documentation");
and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies
of the Software, if any, licensed to you by IRT Surveys Ltd (collectively, "Updates").
"Use" or "Using" means to access, install, download, copy, or otherwise benefit
from using the functionality of the Software in accordance with the Documentation.
"Permitted Number" means one (1) unless otherwise indicated under a valid license
(e.g., volume license) granted by IRT Surveys Ltd. "Computer" means an electronic
device that accepts information in digital or similar form and manipulates it for
a specific result based on a sequence of instructions. "IRT Surveys Ltd" means IRT
Surveys Ltd, First Floor West, Seabraes, 28 Greenmarket, Dundee, DD1 4QB.
2. Software License.
As long as you comply with the terms of this Software License Agreement (this "Agreement"),
IRT Surveys Ltd grants to you a non-exclusive license to Use the Software for the
purposes described in the Documentation.
2.1 General Use.
You may access a copy of the Software from your compatible computer.
2.2 No Modification.
You may not alter or modify the Software or create a new installer for the Software.
The Software is licensed and distributed by IRT Surveys Ltd for creation and management
of Incident Records. You are not authorised to integrate or use the Software with
any other software, plug-in, or enhancement which uses or relies upon the Software.
3. Intellectual Property Ownership, Copyright Protection.
The Software and any copies that you make are the intellectual property of and are
owned by IRT Surveys Ltd and its suppliers. The structure, organization, and code
of the Software are the valuable trade secrets and confidential information of IRT
Surveys Ltd and its suppliers. The Software is protected by law, including without
limitation the copyright laws of Scotland and other countries, and by international
treaty provisions. Except as expressly stated herein, this Agreement does not grant
you any intellectual property rights in the Software and all rights not expressly
granted are reserved by IRT Surveys Ltd and its suppliers.
4. Restrictions.
4.1 Notices.
You shall not copy the Software. Any copy of the Software that you make must contain
the same copyright and other proprietary notices that appear on or in the Software.
4.2 No Modifications.
You shall not modify, adapt, or translate the Software. You shall not reverse engineer,
decompile, disassemble, or otherwise attempt to discover the source code of the
Software except to the extent you may be expressly permitted to decompile under
applicable law, it is essential to do so in order to achieve operability of the
Software with another software program, and you have first requested IRT Surveys
Ltd to provide the information necessary to achieve such operability and IRT Surveys
Ltd has not made such information available. IRT Surveys Ltd has the right to impose
reasonable conditions and to request a reasonable fee before providing such information.
Any such information supplied by IRT Surveys Ltd and any information obtained by
you by such permitted decompilation may only be used by you for the purpose described
herein and may not be disclosed to any third party or used to create any software
which is substantially similar to the expression of the Software. Requests for information
should be directed to the IRT Surveys Ltd.
4.3 Document Features.
The Software may contain features and functionality that appear disabled or "greyed
out" (the "Document Features"). The Features will only activate when full functionality
service levels have been purchased and authorisation key has been obtained from
IRT Surveys Ltd. You agree not to access, or attempt to access, disabled Features
or otherwise circumvent the permissions that control activation of such Features.
You may only use the Features that have been enabled using Keys obtained under a
valid license from IRT Surveys Ltd. No other use is permitted.
4.4 Transfer.
You may not rent, lease, sublicense, assign, or transfer your rights in the Software,
or authorise all or any portion of the Software to be copied onto another user's
computer except as may be expressly permitted herein. You may, however, transfer
all your rights to Use the Software to another person or legal entity provided that:
(a) you also transfer (i) this Agreement, and (ii) the Software and all other software
or hardware bundled or preinstalled with the Software, including all copies, Updates,
and prior versions, to such person or entity; (b) you retain no copies, including
backups and copies stored on a computer; and (c) the receiving party accepts the
terms and conditions of this Agreement and any other terms and conditions upon which
you legally purchased a license to the Software. Notwithstanding the foregoing,
you may not transfer education, pre-release, or not for resale copies of the Software.
5. Updates.
If the Software is an Update to a previous version of the Software, you must possess
a valid license to such previous version in order to acess such Update. All Updates
are provided to you on a license exchange basis. You agree that by Using an Update
you voluntarily terminate your right to use any previous version of the Software.
As an exception, you may continue to Use previous versions of the Software on your
Computer after you Use the Update but only to assist you in the transition to the
Update, provided that: (a) the Update and the previous versions are installed on
the same computer; (b) the previous versions or copies thereof are not transferred
to another party or Computer unless all copies of the Update are also transferred
to such party or Computer; and (c) you acknowledge that any obligation IRT Surveys
Ltd may have to support the previous versions of the Software may be ended upon
availability of the Update.
6. NO WARRANTY.
The Software is being delivered to you "AS IS" and IRT Surveys Ltd makes no warranty
as to its use or performance.
IRT SURVEYS LTD AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS
YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION,
OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED
BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, IRT SURVEYS LTD AND ITS SUPPLIERS
MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER
BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT
LIMITATION NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION,
SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
The provisions of Section 6 and Section 7 shall survive the termination of this
Agreement, howsoever caused, but this shall not imply or create any continued right
to Use the Software after termination of this Agreement.
7. LIMITATION OF LIABILITY.
IN NO EVENT WILL IRT SURVEYS LTD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES,
CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES,
OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF IRT SURVEYS LTD’s REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS OR FOR ANY
CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE
EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. IRT SURVEYS LTD'S AGGREGATE
LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL
BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
Nothing contained in this Agreement limits IRT Surveys Ltd's liability to you in
the event of death or personal injury resulting from IRT Surveys Ltd's negligence
or for the tort of deceit (fraud). IRT Surveys Ltd is acting on behalf of its suppliers
for the purpose of disclaiming, excluding, and/or limiting obligations, warranties,
and liability as provided in this Agreement, but in no other respects and for no
other purpose. For further information, please see the jurisdiction specific information
at the end of this Agreement, if any, or contact IRT Surveys Ltd's Customer Support
Department.
8. Export Rules.
You agree that the Software will not be shipped, transferred, or exported into any
country or used in any manner prohibited by the UK Department of Trade and Industry
or any other export laws, restrictions, or regulations (collectively the "Export
Laws"). In addition, if the Software is identified as export controlled items under
the Export Laws, you represent and warrant that you are not a citizen, or otherwise
located within, an embargoed nation (including without limitation Iran, Iraq, Syria,
Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited
under the Export Laws from receiving the Software. All rights to Use the Software
are granted on condition that such rights are forfeited if you fail to comply with
the terms of this Agreement.
9. Governing Law.
This Agreement will be governed by and construed in accordance with the laws of
Scotland. This Agreement will not be governed by the conflict of law rules of any
jurisdiction or the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded.
10. General Provisions.
If any part of this Agreement is found void and unenforceable, it will not affect
the validity of the balance of this Agreement, which shall remain valid and enforceable
according to its terms. This Agreement shall not prejudice the statutory rights
of any party dealing as a consumer. This Agreement may only be modified by a writing
signed by an authorized officer of IRT Surveys Ltd. Updates may be licensed to you
by IRT Surveys Ltd with additional or different terms. This is the entire agreement
between IRT Surveys Ltd and you relating to the Software, and it supersedes any
prior representations, discussions, undertakings, communications, or advertising
relating to the Software.
11. Compliance with Licenses.
If you are a business or organisation, you agree that upon request from IRT Surveys
Ltd or IRT Surveys Ltd's authorized representative, you will within thirty (30)
days fully document and certify that use of any and all Software at the time of
the request is in conformity with your valid licenses from IRT Surveys Ltd.
If you have any questions regarding this Agreement or if you wish to request any
information from IRT Surveys Ltd, use the address and contact information included
with this product to contact the IRT Surveys Ltd office serving your jurisdiction.
Privacy Policy
We want you to know that we take your privacy seriously. We collect industry standard
information to help us provide you with better software and services as described
below.
Personal Information
We may ask you for personal information when you download our software, register
for a trial license, purchase a permanent license, or at all of these times. For
example, we may ask you for your e-mail address, your name, company name, address.
We use your e-mail address to send registration reminders, to notify you of new
software releases, updates, special offers, news, and possibly to send investor
communications. For your convenience, each announcement contains instructions on
how to be removed from all future mailings.
We use your name and other personal information to identify you as a registered
user in order to give you the full benefits of registration including technical
support and upgrade eligibility.
You can correct factual errors in your personal information or remove your personal
information by submitting a request directly to IRT Surveys Ltd.
Web Visit
When you visit our Web site, our server logs your IP address, the time and duration
of your visit, and the time and duration of the pages on our Web site that you view.
We may also place a "cookie" on your computer’s hard drive. A cookie is an alphanumeric
identifier that is unique to your browser. This cookie will identify your browser
when you visit our site again so that we may customise your visit. If you do not
wish to have a cookie on your computer, check the "help" feature of your browser
for instructions. Most browsers can be set to refuse cookies.
Web visit information is used to generate aggregate statistical data that we use
to measure interest in our Web pages. We may also tie this information to your personal
information.
User Surveys: Your participation in surveys is optional, although we may require
your participation as a condition to a trial use of our software. We may ask you
to describe the ways in which you and your company manage your IT resources or your
experience with our software or Web sites. We may also ask you for demographic information
such as age, gender, or areas of interest. We use this information to help us improve
our software, plan marketing initiatives, and develop new products that may interest
you. We may tie this information to other personal information that we have about
you.
Software Reporting: The software includes a feature which assigns a unique number
to your computer based on system information. The software reports this number to
us when you use the Software during the trial period. The Software may also identify
and report to us your Windows language identifier setting, IP address, and the date
and time of program use. We use this information to count the number of installations,
measure frequency of use, detect piracy of our software, and develop rough statistical
data regarding the geographic location of our users. If you register our software,
we may tie this information to any personal information that we have about you.
Purchase: In addition to obtaining your name and other personal information, we
may identify and log your browser type when you purchase our software online. We
use this information to help us detect piracy of our software.
Web Survey: Your Web Survey results are collected and transmitted to you by our
server. The results and certain statistics regarding the results are stored on our
server for the purpose of facilitating the reporting features of the software. We
do not view the results or statistics or share that information with any person.
Sharing of Information with Third Parties
We will not disclose your personal information except as follows:
We may release personal information and IP addresses when we believe release is
appropriate to comply with the law, to enforce our software licenses and other rights,
or to protect the rights and safety of others. This may include exchanging information
with law enforcement agencies, or with other companies and organizations for fraud
protection and credit risk reduction.
To persons who help us provide our products and services to you. We may provide
personal and other information to third parties who work for us, such as companies
that verify credit card information, process credit card payments, fulfil orders,
provide customer service, analyse customer data, remove repetitive information from
customer lists, and provide marketing services. We do not permit these persons to
use this information for any other purpose.
As part of a sale of our assets or a merger of our company. We may in the future
sell all or part of our assets or be involved in a merger. It is customary for user
information to be included with the transferred assets in these types of transactions.
We do not share your personal information with third parties under other circumstances.
If we ever wish to share your personal information with third parties under other
circumstances, we will give you a chance to opt out before we do so.
We may share non-personally identifiable aggregate statistical information about
our users with third parties.
Children's Online Privacy Protection
Neither our Web sites nor our products are designed for or directed to children
under the age of 13, and we will not intentionally maintain information about anyone
under the age of 13.
Contact Information
If you have a concern about your privacy, please contact IRT Surveys Ltd