Your trial use of Gas Vista’s Leviaton Ai platform (the service) is for 10 days from the date you received a registration code. The trial period provided by Gas Vista LLC (“us”) via this Trial Agreement is subject to the conditions set out below.
1. Supply and Grant of Licence
1.1 Subject to the further terms and conditions set out in this Trial Agreement, you are granted for the trial period only a non-exclusive, non-transferable limited licence to:
a) access data made available on the service in the territory in which your organisation has been given permission to trial the service (if unsure, please check before commencing use) for the sole purpose of evaluating the service;
b) download and temporarily store insubstantial portions of such data to a storage device under the exclusive control of the organization that is a party to this Trial Agreement and with whom you are registered as a user (your organization); and
c) internally display such downloaded data.
1.2 Your right to access the service granted under sub-clause 1.1(a) will terminate on expiration or suspension of the trial period. On expiration of the trial period you must destroy or delete all data that you or your organisation have downloaded pursuant to sub-clause 1.1 during the trial period.
1.3 The service under this agreement is provided to you free of charge during the Trial period.
2. Access Security
(a) may only access the service using the user name and password (network password) provided to you by your organization or the user name and password provided to your organization by us to enable you to access the service (logon id);
(b) must comply with the terms of this Trial Agreement;
(c) must not disclose your logon id or network password to a third party or provide access to the service or use the service on behalf of an unauthorized third party;
(d) may not access the service if you are no longer registered with, employed by or contracted to your organization; and
(e) must notify us immediately if you suspect that the security of a logon id or of your organization’s network has been compromised or if the service is being used in an unauthorized manner.
3. Intellectual Property Rights
3.1 All intellectual property rights in the software and the data available on the service are and remain the exclusive property of ourselves or third party suppliers as the case may be. When using the data and the service, you must comply with the law including, without limitation, copyright laws.
3.2 Unless permitted by law or as otherwise expressly permitted in these terms, you must not, nor must you authorise any third person to:
(a) reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the data or the service, or any part of the data or service, in any form or by any means;
(b) modify or make any alterations, additions or amendments to any part of the data downloaded from the service;
(c) make the service available to any person other than an authorized user;
(d) convert material downloaded from the service into an electronic format other than the one in which it was supplied;
(e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the service or reproduce all or any portion of the said components;
(f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices;
(g) combine the whole or any part of the data available on the service with any other software, data or material; or
(h) store or use any part of such data in an archival database or other searchable database except as forming part of any work product.
You grant to Gas Vista a worldwide, perpetual, irrevocable royalty-free license to use and incorporate into our Service any reasonable suggestion, enhancement, request, recommendation, correction, or other feedback provided by you relating to the provision and operation of the Service.
5. Suspension or Modification of the Service
5.1 We may discontinue or revise any or all aspects of the service or data appearing on the service (including, without limitation, the supply of any data through the service) at our sole discretion and without prior notice to take account of (for example but without limitation) changes in law or circumstance relating to the data access of that service.
5.2 We may suspend access to the service, in whole or in part, until further notice, with immediate effect:
(a) to periodically maintain or improve the data or the service and related systems;
(b) to comply with any order, instruction or request of any government, any emergency services organisation, or other competent judicial, administrative or regulatory authority; or
(c) if we believe that the service or the data may be used in such a way as may constitute a breach of this Trial Agreement.
5.3 Whilst we use our best endeavours to minimise disruption to the service, unscheduled outages may occur from time to time.
6. Limitations of Liability
6.1 Under no circumstances shall Gas Vista be liable for:
(a) Special, incidental, or punitive loss;
(b) Indirect or consequential loss; or
(c) Loss of business, revenue, goodwill, profits, contracts, or anticipated savings (whether such loss is direct or indirect, foreseeable, or otherwise),
In any such case arising from or about or otherwise relating to the Service or this agreement whether on the basis of negligence, tort, breach of contract, misrepresentation or otherwise.
6. 2 Notwithstanding anything to the contrary in this agreement but subject to section 6.5 below, under no circumstances shall Gas Vista be liable for any claims arising out of or in connection with this agreement or any Service.
6.3 The Service and the information therein, do not include, nor shall they be construed as including, advice, guidance, or recommendations from Gas Vista to take, or not to take, any actions or decisions in relation to any matter, including without limitation relating to investments or the purchase or sale of any securities, shares or other assets of any kind. Should you take any such action or decision based on information in the Service, you do so entirely at your own risk
and Gas Vista shall have no liability whatsoever for any loss, damage, costs, or expenses incurred or suffered by you as a result.
6.4 In no event shall you provide access to the Service to any third party without obtaining prior written consent from Gas Vista. You may not discuss any portion of the information contained in the Service with a competitor of your business.
6.5 Gas Vista hereby represents, warrants and covenants that it will not provide any material, non-public information to you in violation of applicable law.
7. Termination for Breach
7.1 Without prejudice to any other right at law, we may terminate this Trial Agreement immediately if you fail to commit a material breach of this Trial Agreement. Where you have breached a material term we may elect, in the alternative, to cease providing you with access to the service until you have remedied the breach.
8. Governing Law, Jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York. No action regarding this Agreement, any Service or the relationship between you and Gas Vista may be commenced in any court except for the state and federal courts located in the State of New York, which shall have the exclusive jurisdiction over any such action. You and Gas Vista (i) consent to the personal jurisdiction of the courts located in the State of New
York in any such action; (ii) consent to the venue of the courts located in the State of New York in any such action; and (iii) consent to service of process by the means specified herein for giving notice. Notwithstanding the foregoing, nothing in this Agreement shall prevent any party from pursuing injunctive relief or similar to enforce the provisions hereof, in any appropriate forum.
The Service we provide may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any US government denied-party list. You shall not permit users to access or use any Service in a US embargoed country or in violation of any US export law or regulation. You agree that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of our
employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction.