Earth Monitoring Database Inc. ZiScape™ Service and License Agreement
HOSTING & DATA MANAGEMENT AGREEMENT
On the terms of this Agreement and Payment to Earth Monitoring Database Inc.
Earth Monitoring Database Inc. agrees to
1. Host the ZiScape™ platform using a shared cloud hosting location.
2. Install all necessary code to get the ZiScape™ service up and running using standardized ZiScape™templates and tools.
3. Install one working template.
4. Provide Enterprise level access allowing user to create new projects and attach monitors and machines
2. LICENSE and SETUP FEES
The COMPANY shall pay a one time setup fee of $1,000.00 US dollars.
Additional tools and templates can be purchased at the ZiScape™ store front.
3. MONTHLY MONITOR FEE
A monthly data management and connection fee of $30 US dollars per monitor per month will be charged on the last day of each month.
Monitors are defined as any serialized data source making single or multiple connections to the ZiScape™ server per month, you will only be billed a flat fee of $30.00 US per month per monitor regardless of the number of connections a monitor makes per month. Monitor may include but not be limited to
1) Wireless or manually downloaded Data Loggers, Remote Terminal Units and Programmable Logic Controllers
2) Any internet enabled device capable of sending data to a remote server such as arduino, raspberry pi or any other data generation device
3) Automated FTP connections sending data from remote locations and machines
4) Manual uploads to a serialized location to be used and viewed on the system
5) GeoFeed and data mined information being automatically or manually uploaded to serialized location.
4. TEMPLATE and THEME STORE
You may establish and customize the appearance of your ZiScape™ site with a design template from Earth Monitoring DataBase Inc. Theme Store (“a Theme or Template”). If you download a Theme or Template, you are licensed to use it for a single ZiScape™ Enterprise only. You are free to transfer a Theme to a second one of your own Enterprise locations if you close your first Enterprise. You are not permitted to transfer or sell a Theme to any other person’s Enterprise unless you have created it yourself or it is a free template download. Multiple Enterprises require multiple downloads and each download is may be subject to the applicable fee. Earth Monitoring Database gives no assurance that a particular Theme or Template will remain available for additional downloads.
You may modify the Theme or Template to suit your Enterprise. Earth Monitoring Database may add or modify the footer that refers to ZiScape™ at its discretion. Earth Monitoring Database Inc. may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. Earth Monitoring Database Inc. may modify the Theme to reflect technical changes and updates as required.
The intellectual property rights of the Theme or Template remain the property of the designer.
It is the responsibility of the user, and not Earth Monitoring Database Inc., to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
It is the responsibility of the user, and not Earth Monitoring Database Inc., to ensure that third party licenses are understood and adhered to when developing and modifying template code.
6. TOOLS & OPEN SOURCE CODE
Earth Monitoring Database Inc. may provide you with access to third party open source tools and code over which Earth Monitoring Database Inc. neither monitors nor has any control or input.
You acknowledge and agree that Earth Monitoring Database Inc. provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Earth Monitoring Database Inc. shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
Earth Monitoring Database Inc. strongly recommends that merchants double checks data calculations, dates and integrity before using or relying on certain engineering tools weather they are open source or not.
5. LIMITATION OF LIABILITY
You expressly understand and agree that Earth Monitoring Database Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
Your use of the service is at your sole risk. The service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
Since the service is an open development platform Earth Monitoring Database does not warrant that the service will be uninterrupted, timely, secure, or error-free.
In no event shall Earth Monitoring Database Inc. or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Earth Monitoring Database Inc. partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
6. INTELLECTUAL PROPERTY AND CUSTOMER DATA CONTENT
We do not claim any intellectual property rights over the material you provide to the ZiScape™ service. All material you upload or create remains yours. You can remove your ZiScape™ data at any time by deleting or canceling your account. This will also remove all content you have stored on the service.
You retain ownership over all content that you upload to the ZiScape™ database; however, by making your data public, you agree to allow others to view your data content.
By uploading data content, and assigning password to users you agree:
(a) to allow users to view your data content;
(b) to allow ZiScape™ to display and store your data content; and
(c) that ZiScape™ can, at any time, review all the content submitted by you to its service.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
7. CANCELLATION AND TERMINATION
You may cancel your account at anytime by emailing email@example.com and then following the specific instructions indicated to you in the response email.
Once cancellation is confirmed, all of your content will be immediately deleted and the cloud service discontinued. Since deletion of all data is final please be sure that you do in fact want to cancel your account or backup your data before doing so.
If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
Fraud: Without limiting any other remedies, Earth Monitoring Database Inc. may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the site.