End User License Agreement

This EULA was last updated on September 1, 2023.

I. Definitions.  For the purposes of this End-User License Agreement:

•  “Agreement” means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

•  “Application” means all software programs and related content provided by the Company and accessed by You.

•  “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Off Grid Solar Works.

•  “Third-Party Services” means any services or content (including data, cloud services, information, applications and other products and services) provided by a third-party that may be displayed, included or made available by the Application.

•  “You” means the individual accessing or using the Application.

II.  Introduction

This EULA specifies the terms and conditions by which the Application is made available to You.

III.  Acknowledgment

By clicking the “I Agree” button, or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, and do not use the Application.

IV.  License

A. Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to use the Application strictly in accordance with the terms of this Agreement.

B. License Restrictions

You may not: a) decompile, reverse engineer, disassemble, attempt to derive the source coding of, or decrypt the Application; b) make any modification, adaption, improvement, enhancement, translation or derivative work from the Application except that information may be entered in the areas specifically designated for You by the Company to enter information; c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark);  e) use the Application for any revenue generating endeavor for which it is not designed, intended or anticipated; f) use any proprietary information or interfaces of the Company and it’s Licensors or other intellectual property of the Company and its licensors in the design, development, manufacture, licensing of any application, accessories or devices.

V. Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company and its licensors and affiliates.

VI. Updates to the Application

The Company may from time to time provide enhancements or improvements to the features or functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

You agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

VII. Maintenance and Support

The Company intends to provide maintenance or support for the use of the Application on an as-is and as-available basis.

VIII. Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services such as but not limited to NREL PVwatts.

The Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, quality or any other aspect thereof.

You must comply with applicable Third parties’ terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

IX. Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement may terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement and cease all use of the Application.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

X. Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; or (b) violation of this Agreement or any related law or regulation.

XI. No Warranties

You acknowledge and agree that the Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind, and that your use of or reliance upon the application and any third-party content and services accessed thereby is at Your sole risk and discretion. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates, licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible with other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s licensors makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

XII.  Limitation of Liability. 

Under no circumstances shall Company or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with Your access or use of or inability to access or use the Application and any third party content and services, whether or not the damages were foreseeable and whether or not the Company was advised the possibility of such damages.  Without limiting the generality of the foregoing, the Company’s aggregate liability to You (whether under contract, tort, statue or otherwise) shall not exceed the amount of fifty dollars ($50.00).  The foregoing limitation will apply even if the above stated remedy fails of its essential purpose.

XIII.  How to Contact Us.  You may contact us at admin@offgridsolarworks.com