IHS - Sample Data Set/Format Agreement

BY COMPLETING THE CONNECTION PROCESS, OR BY ACCESSING, DOWNLOADING AND/OR USING A SAMPLE DATA SET OR FORMAT POSTED IN THE DOWNLOAD FACILITY, YOU (referred to as the "User") ARE OBLIGATING YOUR COMPANY TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, A PARTICULAR LICENSE OR TERMS, YOU ARE NOT AUTHORIZED TO ACCESS, DOWNLOAD OR USE THE DATA, FORMAT OR EXPORT FORMATS.

Rights of Use. License; Copyright; Restrictions.
(a) Under this Agreement, the User receives a nonexclusive, nontransferable right and license to use, but not to own, the sample data sets and/or associated formats (referred to as the "Product") in accordance with the following terms. The User recognizes and agrees that the Product is the confidential, proprietary and/or trade secret property of IHS (a trade name referring to several legal entities including Petroleum Information/Dwights LLC, Petroconsultants S.A., Integrated Exploration and Development Services Limited, Petroconsultants-MAI Limited and IHS Energy Log Services Inc.) or of a third party from whom IHS has obtained marketing rights and is protected by applicable copyright, trademark, patent, trade secret laws or other intellectual property rights. The User may store in memory, analyze, print and display the Product, but such use may only be for User's internal business purposes of writing loader software, compatibility testing and interfacing with User's own applications, but not for retransmission, license, sale, distribution or use by or for third parties. The User agrees that it will not disclose or make the Product available to a competitor of IHS, nor will User export data in a data format from any application or product developed for or by User.

(b) Injunctive Relief. A breach of Section (a) by User would irreparably harm IHS in a way that could not be adequately compensated for by damages. Consequently, IHS shall have the right, in addition to any other rights or remedies it may have arising out of the breach, to obtain temporary, preliminary and permanent injunctive relief without the necessity of proving actual damages and without any bond or other security being required.

Indemnity. The User agrees to indemnify and hold IHS, its affiliates, parents, and third party vendors from whom IHS has obtained marketing rights, harmless from and against any claims, damages and expenses, including reasonable legal and professional fees, arising from or in connection with all use of the Product.

Disclaimer of Other Warranties. THE PRODUCT IS PROVIDED "AS IS" AND USE OF THE PRODUCT IS AT USER'S SOLE RISK. NEITHER IHS, ITS AFFILIATES, PARENT OR THIRD PARTY VENDORS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR (A) WARRANTIES REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF ANY PRODUCT; OR (B) WARRANTIES REGARDING RESULTS USER MAY OBTAIN FROM USING THE PRODUCT; OR (C) WARRANTIES THAT ANY PRODUCT OR OTHER FILE OFFERED OR ACCESSIBLE WILL BE FREE OF INFECTION BY "VIRUSES", "WORMS", "TROJAN HORSES" OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL IHS OR ANY OF ITS AFFILIATES, PARENTS OR THIRD PARTY VENDORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE PRODUCT EVEN IF IHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.