RESTRICTIONS ON USE
Copyright – Copyright C&C Reservoirs. All rights reserved. CCR’s Database System contains information, including without limitation all text, photographs, graphs, data, images, page headers, software (including HTML and other scripts), buttons and other icons, and the arrangement and compilation of this information (collectively, the “Information”). The Information is the valuable, exclusive property of CCR and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. Various intellectual property laws protect the Information, including without limitation domestic and international copyright laws. Unless separately and specifically authorized in writing by CCR, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share CCR’s Database System, any part thereof, or any of the Information received or accessed there from to or through any other person or entity. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information.
Use Restrictions – Notwithstanding the foregoing, you may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your non-commercial use only the Information received or accessed through the CCR’s Database System pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the Information. Portions of CCR’s Database System are available only to users who have valid user IDs and passwords (the “DIGITAL ANALOGS KNOWLEDGE SYSTEM – DAKS™”). Access to the DAKS™ without the authorization of CCR is strictly prohibited.
Security – Violating, or attempting to violate, the security of CCR’s Database System, is prohibited. By way of example, and not limitation, user will not:
- Access or attempt to access the DAKS™ without the authorization of CCR
- Test or scan the security of any of CCR’s Database System
- Interfere or attempt to interfere with the providing of any of CCR’s Database System
Waiver of Warranties – CCR’S DATABASE SYSTEM AND ALL INFORMATION AND SERVICES CONTAINED IN OR LINKED TO CCR’S DATABASE SYSTEM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CCR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING BY STATUE, LAW, COURSE OF DEALING, COURSE OF PERFORMANCE AND PRACTICE OR USAGE OF TRADE. CCR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS REGARDING THE USE, RESULTS, CORRECTNESS, ACCURACY, RELIABILITY, SUITABILITY OR OTHERWISE OF CCR’S DATABASE SYSTEM OR THE INFORMATION. USER ACKNOWLEDGES AND ACCEPTS THAT CCR’S DATABASE SYSTEM AND THE INFORMATION, OR THE USE THEREOF, MAY RESULT IN, CONTAIN OR CAUSE DEFECTS, INTERRUPTIONS, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, DAMAGE AND INJURY TO USER. USER (AND NOT CCR) SHALL BE RESPONSIBLE FOR ALL DAMAGES, INJURIES AND COSTS OF SERVICE, REPAIR, REPLACEMENT OR CORRECTION ARISING FROM CCR’S DATABASE SYSTEM OR THE INFORMATION, OR THE USE THEREOF.
Limitation of Liability – IN NO EVENT SHALL CCR BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, COST OF REPAIR, SERVICE OR REPLACEMENT, ARISING OUT OF OR RELATED TO, IN WHOLE OR IN PART, CCR’S DATABASE SYSTEM OR THE INFORMATION, OR THE USE OF OR INABILITY TO USE ANY OF CCR’S DATABASE SYSTEM OR THE INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE CAUSED BY THE SOLE, COMPARATIVE OR CONTRIBUTORY NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT OF CCR. THIS INCLUDES DAMAGES ARISING FROM USE OF OR IN RELIANCE ON THE DOCUMENTS OR INFORMATION PRESENT ON CCR’S DATABASE SYSTEM, EVEN IF CCR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User is entirely responsible for maintaining the confidentiality of user’s password and account. User is entirely responsible for any and all activities that occur under user’s account. YOU SHALL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS CCR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (THE “CCR PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES, FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES) (COLLECTIVELY, “CLAIMS”) OF WHATEVER KIND, CHARACTER OR NATURE BROUGHT BY OR ON BEHALF OF ANY PERSON THAT ARISE OUT OF, ARE RELATED TO OR ARE IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS OR USE OF CCR’S DATABASE SYSTEM OR INFORMATION, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE CCR PARTIES.
Severability – If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Privacy – In accordance with the Privacy Act, CCR does not collect or use data of a personal or confidential nature on users except for the sole purpose to monitor the online user activities and to improve the Website content for such users. Submission of feedback and request information forms or E-mail messages are strictly voluntary.
Linking – Some sites that are linked to CCR’s Database System are owned and operated by third parties. CCR can not ensure that user will be satisfied with their products, services or business practices. Access to any website linked to CCR’s Database System is not the responsibility of CCR. CCR is not responsible for the accuracy or reliability of any content on such websites. CCR provides these links merely for convenience, and the presence of such third-party links are not an endorsement or recommendation by CCR. Use of information from linked sites is at user’s sole risk.
Jurisdiction – This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Texas, USA.
Fees and Payments – In consideration of your access to CCR’s DAKS™ you agree to pay CCR the fees associated with the services you access, as specified at the time of such access. These fees include all sales and use taxes, if applicable. The fees are subject to change at any time.
Termination – CCR has the right to terminate this Agreement and/or your access to CCR’s DAKS™ at will and without cause or notice, for any reason or no reason, including, without limitation the right to immediately terminate this Agreement or your access: 1) if you fail to make any payment when due; 2) if you attempt or make any unauthorized access to CCR’s DAKS™ including, without limitation: (i) concurrent access of the DAKS™ with identical user IDs; (ii) permitting another person or entity to use your user ID to access the DAKS™ or (iii) any other access or use of the DAKS™ except as expressly provided in this Agreement; 3) if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; 4) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained herein.