Framework instructions [PDF]
June 4, 2018
Changes to the Data; Termination of Access to the Data and Tools
You acknowledge and agree that the form, nature, and content of the Data and Tools that EDF makes available for download may change from time to time without prior notice to you. You further acknowledge and agree that EDF may stop (temporarily or permanently) making available the download of Data and Tools (or any data or tool features within the Data and Tools) to you at EDF’s sole discretion, without prior notice to you. EDF reserves the right to refuse or discontinue offering downloads to the Data and Tools to anyone, at any time in its sole discretion with or without notice.
EDF’s Proprietary Rights.
The EDF name, the EDF logo, and all related names (including NutrientStar), logos, designs, and slogans are trademarks of EDF or its affiliates or licensors. You must not use such marks without the prior written permission of EDF.
End User Terms
If you use the Data in a manner that permits use or access to the Data by other users, You must:
(a) display to your users a link to these Terms;
In using the Data, you may not use the Data to display content that falsely expresses or implies that such content is sponsored or endorsed by EDF. While you are not required to attribute the Data and Tools to EDF, you may not attribute the Data and Tools in a false or misleading manner.
Terminating this Agreement
EXCLUSION OF WARRANTIES
YOU ACKNOWLEDGE THAT ALL DATA AND TOOLS MADE AVAILABLE BY EDF IS PROVIDED BY EDF “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EDF EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT, ACCURACY OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE DATA AND TOOLS IS AT YOUR SOLE RISK AND THAT THE DATA AND TOOLS IS PROVIDED “AS IS” AND ” AS AVAILABLE. ” IN PARTICULAR, EDF AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE DATA AND TOOLS WILL MEET YOUR REQUIREMENTS;
(b) YOUR USE OF THE DATA AND TOOLS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE DATA AND TOOLS WILL BE ACCURATE OR RELIABLE;
(d) THE DATA AND TOOLS IS ERROR OR BUG FREE; AND
(e) THE DATA AND TOOLS IS DESIGNED, MANUFACTURED OR INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK ACTIVITY.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY DATA AND TOOLS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDF, OR THROUGH OR FROM THE DATA AND TOOLS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EDF AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR:
(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS);
(b) ANY LOSS OR DAMAGE AS A RESULT OF:
(i) ANY CHANGES THAT EDF MAY MAKE TO THE DATA AND TOOLS, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF YOUR RIGHT TO DOWNLOAD OR USE THE DATA AND TOOLS (OR ANY FEATURES WITHIN THE DATA AND TOOLS); OR
(ii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE DATA AND TOOLS.
THE LIMITATIONS ON EDF’S LIABILITY TO YOU WILL APPLY WHETHER OR NOT EDF OR ITS AFFILIATES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
To the fullest extent permitted by law, you hereby agree to indemnify and hold EDF, its officers, directors, agents, and affiliates (“the Indemnified Parties”) harmless from and against any claim, expense, or liability of any kind (including, without limitation, incidental and consequential damages, court costs, attorney’s fees and costs of investigation), that arises directly or indirectly, in whole or in part, from your use of the Data and Tools, including any secondary or derivative use of the Data and Tools. You also specifically acknowledge and agree to have an immediate and independent obligation to defend the Indemnified Parties from any claim that may fall within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to you by the Indemnified Party and continues at all times thereafter.
Governing Law and Jurisdiction