|
TERMS AND CONDITIONS OF
USE FOR IHS ENERGY'S WEB SITE and DATA, INFORMATION AND/OR
SOFTWARE PRODUCTS AND SERVICES
IF A WRITTEN AGREEMENT EXISTS BETWEEN IHS ENERGY (AS DEFINED BELOW) AND THE
USER (OR USER'S EMPLOYER) GOVERNING THE USE OF IHS ENERGY PRODUCTS, SUCH
WRITTEN AGREEMENT SHALL SUPERSEDE THESE TERMS AND CONDITIONS OF USE.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE, INCLUDING
OUR PRIVACY POLICY, BEFORE USING THIS WEBSITE (the "Site"). BY
ACCESSING OR USING THE SITE, OR BY ACCESSING, DOWNLOADING AND/OR
USING ANY PRODUCTS, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS
AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS
OR CONDITIONS, PLEASE DO NOT USE THIS SITE OR ACCESS ANY PRODUCTS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT
AUTHORIZED TO ACCESS, DOWNLOAD OR USE DATA OR SOFTWARE FROM THIS
SITE. THESE TERMS AND CONDITIONS SUPPLEMENT ANY WRITTEN AGREEMENTS,
ADDENDUMS OR AGREEMENTS BETWEEN YOU AND IHS Energy.
IHS Energy ("IHS Energy") owns and operates this site, which allows the subscriber
to access and license IHS Energy's proprietary data, information, database
reports and software applications and products. IHS Energy is a trade name
and is used to refer to the legal entities of Petroleum Information/Dwights
LLC, IHS Energy Inc., Petroconsultants S.A., I.E.D.S., Petroconsultants-MAI
Limited, IHS Energy Ltd., IHS Energy (Canada) Ltd. and QC Data Ltd. and its
and their subsidiaries and affiliates. IHS Energy headquarters is located at
15 Inverness Way East, Englewood, CO 80112. IHS Energy maintains the Site primarily
through servers located in Denver, Colorado U.S.A.
You may become an authorized user and licensee (referred to as "you" or "Subscriber")
of specifically ordered products by: (1) completing the registration process;
(2) agreeing to all of the terms and conditions of use set forth herein ("Agreement"),
together with any terms or conditions which are product specific.
You must use your full legal name (and the full legal name of your company)
when registering and subscribing. You must also give your title and address
of your company. IHS Energy will assign a separate identification ("ID") and
password for each authorized user within the company to access the authorized
product. You agree to inform IHS Energy in writing when any authorized user
of your company (a) ceases employment with your company; or (b) is no longer
an authorized user. You agree that you will be responsible and liable for any
expenses, costs, liabilities and damages incurred by unauthorized access to
your account and/or for failure to so inform IHS Energy.
IHS Energy (Canada) Ltd. Privacy
Statement
Section 1. Rights of Use.
(a) All information, databases, data, data export formats, reports and/or software
provided by any IHS Energy entity (referred to collectively as the "IHS Energy
Product") are the confidential, proprietary and/or trade secret property of
IHS Energy (or of a third party from whom IHS Energy has obtained marketing
rights) and are protected by applicable copyright, trademark, patent, trade
secret laws or other intellectual property rights. Under this Agreement, the
Subscriber receives a nonexclusive, nontransferable right and license to use,
but not to own, the IHS Energy Product according to the following terms. The
Subscriber agrees to hold IHS Energy Products in strict confidence and shall
not reproduce, license, sell, reveal, disseminate or make IHS Energy Products
accessible in whole or in part, in any manner whatsoever, to others. IT SHALL
BE A VIOLATION OF THIS AGREEMENT AND GROUNDS FOR IMMEDIATE TERMINATION IF SUBSCRIBER
RETRANSMITS, RESENDS OR OTHERWISE MAKES THE IHS Energy PRODUCT ELECTRONICALLY
OR OTHERWISE AVAILABLE TO THIRD PARTIES.
(i) IHS Energy data Products: : The Subscriber
may store in memory, manipulate, analyze, reformat, print and display IHS Energy
data Products, but such use may only be for internal business purposes and not
for retransmission, license, sale, distribution or use by or for third parties.
However, the Subscriber may create and disseminate to third parties manuals,
maps, papers, reports, documents and other materials if the manuals, maps, papers,
reports, documents and other materials are not primarily copies of the IHS Energy
data Product, but are derivations of the IHS Energy data Product, provided such
derivations (a) contain significant enhancements, modifications, aggregations,
manipulated results of analysis or other features not contained in the IHS Energy
data Product, and (b) give credit to IHS Energy in the following form: "Includes
data supplied by IHS Energy; Copyright (publication year) IHS Energy." This
right to create and disseminate derivations does not extend to software or applications.
Subscriber is prohibited from using the IHS Energy data Products, any derivatives
it creates from such Products, or any portion thereof, to produce or create a
commercial product.
(ii) IHS Energy software Products: The Subscriber
may make one copy of the software for archival/back-up purposes, but shall not
reverse engineer, recompile, decompile, alter or modify the IHS Energy software
Product.
(b) Neither this Agreement nor the IHS Energy Product may be transferred, sublicensed,
assigned or delivered, directly, indirectly, by operation of law or otherwise
(e.g., by merger, acquisition, dissolution), to any other person or entity
without the prior written consent of IHS Energy. Any such attempted transfer
or assignment shall be null and void and of no effect.
(c) Unless otherwise stated, this Agreement covers service to the Subscriber
at the place of business in the registration statement. All IHS Energy Product
shall be kept and used at this place of business.
Section 2. Payment. The Subscriber is responsible for
all charges incurred in connection with its account, all applicable taxes,
delivery charges, telephone, hardware and connection charges. All charges
are payable on net thirty (30) day terms from the date of invoice. If any
payment is not made when due, then the entire amount shall immediately become
due and payable upon written notice. The Subscriber is liable for all collection
and reasonable attorneys fees arising from IHS Energy's efforts to collect
any past due amounts. If any price or service in this Agreement is subject
to Subscriber's participation in any special programs, discontinuance of
Subscriber's participation in those programs will cause the prices and services
associated with those programs to revert to the undiscounted price. The Subscriber
agrees that IHS Energy may revise fees on sixty (60) days' prior written
notice. The Subscriber will not receive credit or refund in any form, for
any unused usage upon termination of this Agreement.
Section 3. Termination. Termination of your license
to use the IHS Energy Product shall be governed by the specific terms of
the Product-specific agreement. Unless otherwise specified by a particular
Product-specific agreement, you may terminate your account or this Agreement
at any time by giving written notice to IHS Energy at the address set forth
above and discontinuing all use of your account and the IHS Energy Product.
Termination will be effective on the day IHS Energy receives notice of
termination. Termination of your account or any license does not relieve
you of the financial obligations under this Agreement and you remain obligated
for the payments and terms under which you licensed IHS Energy Products.
IHS Energy reserves the right to terminate or suspend any Subscriber's
account or restrict a Subscriber's access to the Site at any time with
or without cause. In the event of termination, you will remain bound by
applicable use, confidentiality, nondisclosure and indemnity sections of
this Agreement, and, upon IHS Energy request, will send IHS Energy a written
statement certified by an officer of your company that you have ceased
all use of the IHS Energy Product.
Section 4. Indemnity. The Subscriber agrees to indemnify
and hold IHS Energy, its affiliates, parents and third party vendors from
whom IHS Energy has obtained marketing rights, harmless from and against
any claims, damages and expenses, including reasonable legal and professional
fees, arising from or in connection with all use of the Site or the IHS
Energy Product under the Subscriber's password even if the Subscriber allows
some other person to use his, her or its password.
Section 5. Disclaimer of Other Warranties. IHS ENERGY
PRODUCTS ARE PROVIDED "AS IS" AND USE OF AND ACCESS TO THE SITE IS AT SUBSCRIBER'S
SOLE RISK. NEITHER IHS ENERGY, ITS AFFILIATES, SUBSCRIBERS, PARENTS OR
THIRD PARTY VENDORS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR THAT ACCESS TO THE IHS ENERGY PRODUCT WILL
BE UNINTERRUPTED, AVAILABLE, ACCESSIBLE OR ERROR FREE OR THAT DEFECTS IN
THE IHS ENERGY PRODUCT WILL BE CORRECTED, OR ANY WARRANTIES REGARDING THE
CORRECTNESS, ACCURACY OR RELIABILITY OF ANY IHS ENERGY PRODUCT, OR ANY
WARRANTIES REGARDING RESULTS SUBSCRIBER MAY OBTAIN FROM USING THE SITE
OR IHS ENERGY PRODUCT; OR ANY WARRANTIES THAT ANY IHS ENERGY PRODUCT OFFERED
OR ACCESSIBLE ON THE SITE WILL BE FREE OF INFECTION BY "VIRUSES", "WORMS", "TROJAN
HORSES" OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. The IHS Energy
Product is not the product of an independent investigation prompted by
each Subscriber inquiry but is updated and revised on a regular basis.
The Subscriber acknowledges that every business decision, to some degree
or another, represents the assumption of risk by Subscriber and that IHS
Energy, in furnishing the IHS Energy Product, does not and cannot underwrite
or agree to assume the Subscriber's risk, in any manner whatsoever.
Section 6. Limitation of Liability. UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, WILL IHS ENERGY OR ANY OF ITS AFFILIATES, PARENTS
OR THIRD PARTY VENDORS BE LIABLE FOR ANY ECONOMIC, LOST PROFIT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR INABILITY
TO USE THE SITE OR AN IHS ENERGY PRODUCT EVEN IF IHS Energy HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IHS Energy's total liability for damages,
losses and causes of action whether in contract, tort (including negligence)
or otherwise, will in no event exceed the aggregate dollar amount Subscriber
has paid IHS Energy under this Agreement in the twelve months prior to
the claimed damage or loss, or USD $5000, whichever is greater.
IHS Privacy Policy. This Privacy Policy is incorporated into and
is a part of the Terms and Conditions of Use; it describes IHS Energy's
policies and procedures for the collection and use of personal information
provided by the User.
General Principals. Information Handling Services Group,
Inc., and its affiliates, IHS Energy and IHS Engineering (“IHS” or “we”)
respect our customers' wishes with regard to the collection,
use and transfer of certain personal information. Personal information
as we use it here refers to certain data about an identified
or identifiable individual, such as set forth in the European
Community Directive on Data Protection (the “EU Directive”).
Proper use of personal information is of a high priority to our
company, particularly as we are in the data gathering business.
We self-certify our policies to the U.S. Department of Commerce
Safe Harbor Program (see http://www.export.gov/safeharbor/ ).
IHS is committed to protecting its users' personal information
in accordance with the privacy principles set forth in the Safe
Harbor Program, as well as other applicable laws and regulations.
This Privacy Policy is additionally incorporated into and is
a part of the Terms and Conditions of Use of IHS' online use
and/or online access of products and services.
Types of Data Collection. IHS operates globally, with
offices and operations in over 60 countries. While our primary
data centers are in the United States , we will transfer certain
information provided by customers to the appropriate office,
agent or consultant in order to deliver the products and services
requested by our clients. In addition to collecting information
via telephone calls, electronic mail and voicemail, IHS may collect,
process, use and transfer personally identifiable information
directly from its users when the user voluntarily enters information
during the registration process. Additionally, use of the various
IHS websites may also result in data being collected, processed
and transferred. This information may be received by IHS as part
of the standard electronic greeting between your computer, the
network, and our servers and typically consists of network routing
information, equipment (browser) information, date and time.
At this time our server will also query your computer to see
if there are “cookies” previously set by IHS to facilitate the
log in process. Some IHS websites use cookies to collect information
about visitors' use of its website and to enhance the type of
website procedures used by IHS. Cookies collected may include
the following information: a unique identifier, user preferences
and profile information used to personalize the content shown
to the individual users. You may be able to set your web browser
to alert you when a cookie is being used, and may use your browser
to accept or reject the cookie; additionally, you may also disable
the cookie feature on your browser entirely.
Types of Data Collected and How We Use It. In the paragraph
above, we described how we collect certain information, including
personal information. The types of personally identifiable information
which IHS may collect are primarily used for business contact
information. This information may include your e-mail address,
internet domain, IP address, full name, title, company affiliation,
address, and work phone numbers. IHS currently uses the information
for the purposes of providing its users with information or products
requested by the user, for providing information on extent of
use, whether or not requested by user, to provide customized
product and service information, and to allow the user to voluntarily
participate in mailings, sweepstakes, promotions or other events.
Additionally, if users of our website are already our customers,
or become our customers during the online registration process,
we will use personally identifiable user information to provide
the user with product service, updates, information and alerts.
IHS may also disclose personal information, without notice, if
required to do so by law or in the good faith belief that such
action is necessary to: (i) comply with legal process served
on IHS; or (ii) protect and defend IHS's property rights in and
to its products, or the security or safety of its users and website.
Notice to Employees. IHS may collect personal information
from its employees. This information may be transferred between
IHS and its affiliates. Personal information on employees of
IHS and its affiliates will only be used in accordance with the
IHS Human Resources policy and other appropriate and reasonable
guidelines.
Choices and Preferences. IHS allows its customers to
opt-out of email marketing that may result from use of the site.
The ability to do so is offered through the registration process
and by links in the email marketing materials. Customers may
also sent an opt out message to webmaster@ihsenergy.com or
webmaster@ihsengineering.com. Customers may also update or change
their registration profile, including changing the email marketing
preferences. There are a few limited exceptions to this opt out
ability, but notice is always provided in such communications.
The exceptions include: providing updates and patches to currently
licensed products, security related information, customer service
information for currently licensed products, product downloads,
training class information, contract or license related information
for currently licensed products.
IHS customers may also change or update their profile (entered
by the user during the registration process, or in some cases,
by IHS from information provided by its corporate customers if
the individual user is an employee of a corporate customer who
participates in IHS Energy's “Single Sign On Process”). To change
your profile information, please login as usually and follow
the prompts to “update my profile.” If you need help with this
process, please contact webmaster@ihsenergy.com or webmaster@ihsengineering.com .
Security: IHS takes very seriously the need to protect
all personal information from unauthorized access or disclosure.
IHS does not lend, lease or sell any personal information collected
from its users. Other steps to protect personal information include
password protected log-in, ability to audit system access, and
robust security computer systems, such as firewalls and screens
in place on all of our servers and computer systems. We believe
that our security measures provide reasonable barriers against
disclosure, unauthorized access, alteration or destruction of
personal information in accordance with generally accepted industry
standards. Additionally, any IHS employees who have access to
personal information are bound by IHS confidentiality obligations.
Enforcement. IHS has established internal procedures
to monitor our compliance with the Safe Harbor Program and applicable
privacy laws. Part of our compliance is performing an annual
review of our privacy policy, including internal audits and reviews
by third party computer and security consultants, as appropriate.
Any user who feels that his or her personal information has
been misused should direct any questions or complaints to webmaster@ihsenergy.com or webmaster@ihsengineering.com .
IHS will then take reasonable steps to investigate such questions
or complaints. If a user feels that IHS has not appropriately
handled the complaint or question, they may then send a written
description of their complaint to Legal Department, IHS Energy
or IHS Engineering, who will contact the user to try and resolve
his or her concerns. IHS will cooperate with the European Union
Data Protection Authorities in the applicable European Union
Member States and data protection authorities under any applicable
privacy laws to resolve the issues.
Third Party Links and Sites. Linkage of this Site to
another requires IHS Energy's prior written approval. This Site
may contain links to other Internet sites, resources and/or sponsors
of the Site. IHS Energy does not verify, warrant, endorse, or
take responsibility for the availability, accuracy, completeness
or quality of the content contained in these outside sites. Providing
links to outside sites does not constitute IHS Energy's approval
of the content, policies or practices of those other sites. Be
sure to review the terms of use and privacy policies posted on
the outside sites after linking to them.
Section 7. Miscellaneous.
User Conduct Guidelines. In using this Site, you agree also not
to: disrupt or interfere with the security of, or otherwise abuse, the
Site or any services, system resources, accounts, servers or networks
connected to or accessible through the Site or affiliate linked sites;
upload, post, or otherwise transmit through or on this Site any viruses
or other harmful, disruptive or destructive files; use or attempt to
use another's account, service or system, or link to another site, without
written authorization from IHS Energy, or create or use a false identity
on the Site; upload, post or make available any content that is unlawful
(including posting a third party's copyrighted, proprietary or trade
secret property), harmful, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable,
or transmit through or on the Site spam, chain letters, junk mail or
other types of unsolicited mass e-mail to people or entities who have
not agreed in writing to be part of such mailings. Further, any unauthorized
or prohibited use may additionally subject the offender to civil liability
and criminal prosecution under applicable federal and state laws.
IHS Energy may store the Content and disclose it if required to do so by law,
to respond to claims that any Content violates third party rights or to protect
the rights, property or personal safety of IHS Energy, the Users and the public.
Export Laws. IHS Energy Products may contain information and software
which is controlled for export under applicable United States laws and regulations.
IHS Energy does not warrant that the service or information contained in
the IHS Energy Products may be accessed by non-U.S. citizens or downloaded
to points outside of the United States without the prior approval of the
United States Government. Subscriber is responsible for compliance with applicable
laws and regulations when you peruse, upload and/or download the IHS Energy
Products.
U.S. Government Restricted Rights. If an IHS Energy Product is licensed
or accessed by the U.S. Government or on its behalf, the IHS Energy Product
is furnished with RESTRICTED RIGHTS. Use, duplication or disclosure of the
data and/or software included in IHS Energy Product by the U.S. Government
and parties acting on its behalf is governed by, and subject to the restrictions
set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Injunctive Relief. Subscriber agrees that a breach or threatened
breach by Subscriber would irreparably harm IHS Energy in a way that
could not be adequately and compensated for by damages. Consequently,
IHS Energy shall have the right, in addition to any other rights or
remedies it may have arising out of the breach, to obtain temporary,
preliminary and permanent injunctive relief without the necessity of
proving actual damages and without any bond or other security being
required.
Arbitration. Without limiting IHS Energy's right to seek injunctive
relief, the parties agree to submit all claims, disputes and controversies
arising in connection with or relating to this Agreement, and which
cannot be settled by mutual agreement, to mandatory and binding arbitration
to be held in the English language in Denver, Colorado, in accordance
with the commercial arbitration rules of the American Arbitration Association
(for users located in the United States), or in Calgary, Alberta in
accordance with the arbitration rules of the Alberta Arbitration Act
(for users located in Canada) or in London, England in accordance with
the arbitration rules of the International Chamber of Commerce (for
users located outside the United States and Canada). The laws of the
State of Colorado (for users located in the United States), or the
laws of the Province of Alberta (for users located in Canada) or the
laws of England (for users located outside the United States and Canada)
shall govern the interpretation and disputes arising from or related
to this Agreement. The parties shall split the costs of arbitration
and under no circumstances may the Arbitrator be authorized to award
special, economic, consequential or punitive damages against either
party.
Notices. Any notices from IHS Energy required or permitted by
this Agreement will be given to you by: (i) electronic mail to your
address indicated on the registration form; or (ii) conventional mail
to your billing address. Any notices you are required or permitted
to give to IHS Energy under this Agreement may be sent to IHS Energy,
re: [name of IHS Energy Product], 15 Inverness Way East, Englewood,
CO 80112, USA. No amendment to or modification of this Agreement will
be binding unless in writing and signed by IHS Energy.
Other. IHS Energy may, from time to time, make changes to this
Agreement, and/or IHS Energy Product(s), and/or prices relating to
either. Changes are effective upon notice given to Subscribers as set
forth in this Agreement. By continuing to use the IHS Energy Product
or service after IHS Energy has given notice of changes to the Agreement,
the Subscriber agrees to be bound by such changes. A Subscriber may
not modify this Agreement without IHS Energy's express written consent.
This Agreement is not intended to alter the terms or conditions of any other
written agreement you may have with IHS Energy or its affiliates, parents,
service providers or business partners to the extent that those agreements
govern issues other than your use of this Site. Should any provision in this
Agreement be found invalid or unenforceable for any reason, that provision
shall be deemed severable from the terms and shall not affect validity or enforceability
of the remaining provisions. This Agreement may not be altered by action, inaction
or course of dealing between the parties. This Agreement may only be altered
by (a) prior written mutual agreement between IHS Energy and User; or (b) IHS
Energy posting revisions on the Site. Failure by IHS Energy to object to a
User's behavior, conduct or action does not constitute a consent, ratification
or waiver of objection. In the case of a conflict between this Agreement, the
IHS Energy Terms and Conditions of Use, or any product specific written agreement,
this Agreement shall govern for all purposes.
TRADEMARK/COPYRIGHT NOTICES
The Site may contain the copyrighted property of IHS Energy, 2003-2005, IHS Energy
and its affiliated and subsidiary companies, all rights reserved. Microsoft Windows®,
Excel®, and Word® are registered trademarks of Microsoft Corporation.
All other trademarks belong to IHS Energy and its affiliated and subsidiary companies,
all rights reserved. All other trademarks and service marks are the property
of their respective owners.
|