I-Grid™ Terms and Conditions of Use Agreement
You (“Customer”) wish to access and use the I-Grid™
network of I-Sense devices, communication methods (including but not limited
to the Internet), server(s), database(s) and website(s) relating to power quality
and reliability events and software programs and algorithms
(“I-Grid™”).
Soft Switching Technologies Corporation (“Soft Switching”) is willing to license the
I-Grid™
to you if you agree to the terms and conditions of use set forth below.
ACCESSING THE REMAINDER OF THE I-GRID CONSTITUTES CUSTOMER’S ACCEPTANCE AND
AGREEMENT TO ALL THE PROVISIONS OF THE
TERMS AND CONDITIONS OF USE AGREEMENT.
TERMS AND CONDITIONS OF I-Grid
1. Grant of License and Restrictions.
A.
License. During
the term of this Agreement, Soft Switching licenses to Customer the following
rights (collectively referred to as the “License”): a non‑assignable,
non-exclusive license to access, use and display the I-Grid via the Internet. The I-Grid
will only be accessed through the use of passwords selected by Customer.
B.
Customer Account, Password,
and Security. Upon opening an account to access and use I-Grid,
Customer must complete a registration process by providing Soft Switching
with current, complete and accurate information as required by the registration
form. Customer will also choose a password and a user name that Customer
agrees to maintain confidential. Customer shall be entirely responsible for
any and all activities that occur under Customer’s account and password.
Customer agrees to notify Soft Switching immediately of any unauthorized use
of its account or any other breach of security. Soft Switching will not be
liable for any loss that Customer may incur as a result of someone else using
its password or account, either with or without Customer’s knowledge. Customer
shall be held liable for losses incurred by Soft Switching or any third party
due to someone else using Customer’s account or password. Customer may not
use anyone else’s account at any time, without the written permission of the
account holder.
C. Internal Business. Customer may only use the I-Grid
for its own internal business purposes. Customer’s internal purposes do not
include providing services, data, templates, analyses, or documents that are
part of the I-Grid to third parties, unless
expressly authorized by Soft Switching in a separate written agreement.
D. Competing Products. Customer may not use all or any part
of the I-Grid or any documentation provided
on the I-Grid to create a product or service
that, in Soft Switching’s sole determination, competes with or is used in
a product or service that competes with all or any part of the I-Grid,
regardless of whether such product or service is distributed with or without
consideration.
E. Reservation of Rights. Soft Switching reserves all rights
in the I-Grid not granted in this Agreement.
2. Ownership and Use of I-Grid Content.
A. Ownership of Materials. All materials including but not
limited to the data residing on the I-Grid, text, images, audio, video, and
software that powers the site (“Materials”) are owned by or used under license
to Soft Switching. Your use of these Materials is permitted only by virtue
of this Agreement.
B. Confidentiality of I-Sense Data. Soft Switching will use
reasonable efforts to keep the identity of the source of specific detailed
data from any I-Sense monitor confidential, unless otherwise agreed to by
the parties; except that Soft Switching may share all data, including identifying
data, collected from any I-Sense monitor with the utility which provides
electricity to Customer.
C. Restrictions on Use. I-Grid contains Material which is
protected by international copyright and trademark laws. No material may
be copied, reproduced, republished, uploaded, posted, transmitted, or distributed
or decompiled, reverse engineered or disassembled, except that unless otherwise
specified on the website with respect to particular Materials, customer may
download one copy of the Materials on any single computer for internal use
only, providing Customer keeps completely intact and unmodified all copyright
and other proprietary notices. In accessing and using the I-Grid
as authorized under the terms of this Agreement, Customer will not remove,
suppress or modify any notice of copyright, trademark, or other proprietary
rights that appear in the I-Grid. Modification
or use of the Materials for any other purpose is a violation of Soft Switching’s
copyright, trademark and other proprietary rights. The use of any such Materials
on any other web site or networked computer environment is prohibited without
Soft Switching’s express written consent. The unauthorized modification,
tampering or change of any information, or any interference with the availability
of or access to this website is strictly prohibited.
D. Soft Switching Trademarks. Soft Switching’s name and logos
and related products and service, names, design marks and slogans including
but not limited to SOFT SWITCHING, I-GRID and I-SENSE are the trademarks or
service marks of Soft Switching. Customer is not authorized to use any Soft
Switching name or mark in any advertising, publicity or in any other commercial
manner without the prior written consent of Soft Switching.
3. Disclaimer of Warranty, Limitations on Liability, and Indemnification.
A. Disclaimer of Warranty. SOFT SWITCHING NEITHER MAKES NOR
GRANTS ANY WARRANTIES, EXPRESS OR IMPLIED. SOFT SWITCHING EXCLUDES ALL IMPLIED
WARRANTIES INCLUDING SPECIFICALLY ANY IMPLIED WARRANTY ARISING BY STATUTE
OR OTHERWISE IN OR FROM A COURSE OF DEALING OR USAGE OF TRADE RELATING TO
THE DATA, ANALYSES, REPORTS, NOTIFICATIONS, OR OTHER INFORMATION. SOFT SWITCHING
HEREBY EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS
FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE.
B. Limitations on Liability.
(i) SOFT SWITCHING ASSUMES NO LIABILITY FOR THE ACCURACY, TIMELINESS, RELIABILITY
OR COMPLETENESS OF ANY OF THE MATERIALS ON THE WEBSITE AND IN THE DATABASE
INCLUDING BUT NOT LIMITED TO DATA, ANALYSES, REPORTS, NOTIFICATIONS OR OTHER
INFORMATION. DATA IS PROVIDED “AS IS.”
(ii) SOFT SWITCHING ASSUMES NO LIABILITY FOR ANY VIRUSES THAT INFECT OR
SECURITY BREACHES OF EITHER SOFT SWITCHING OR CUSTOMER’S COMPUTER NETWORK
OR EQUIPMENT OR THE I-GRID.
(iii) IN NO EVENT WILL SOFT SWITCHING BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL OR BUSINESS LOSSES OR DAMAGES EVEN IF SOFT SWITCHING
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSSES OR DAMAGES.
C. Indemnification. Customer agrees to indemnify Soft Switching
and to hold Soft Switching harmless from any and all claims (including reasonable
attorneys’ fees and costs) resulting from Customer’s acts, omissions, or representation
in any way related to this agreement (“Agreement”) or Customer’s access to,
use of, or contribution of information to, the database or website.
4. Use of Information for Marketing.
Soft Switching may use information obtained from Customer
through Customer’s use of the I-GRID for marketing purposes.
5. Amendments to Terms and Conditions.
Soft Switching may amend these Terms and Conditions at any time by posting them in the Terms and Conditions section of the website.
Customers are bound by such provisions and should periodically review the Terms
and Conditions.
6. Governing Law.
The laws of the State of Wisconsin and the United States govern this Agreement. Customer consents
to jurisdiction and venue in the courts of Dane County, Wisconsin or in the
Federal District court in the Western District of Wisconsin, for any claims
arising out of this Agreement.
7. Severability.
If any provision of this Agreement shall be deemed unlawful, void or unenforceable, then that provision shall be
deemed severable from this Agreement and its severance shall not affect the
validity and enforceability of any remaining provisions.
8. Contact Information.
For inquiries, contact:
Soft Switching Technologies Corporation
8155 Forsythia Street
Middleton, WI 53562
phone 608-662-7200
e-mail info@softswitch.com
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