All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, forms, simulator tool, databases, refinery configurations, crude oil pricing, product pricing, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by REFINERY CALC or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, REFINERY CALC’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without REFINERY CALC’s prior permission and, if applicable, REFINERY CALC’s licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by REFINERY CALC. This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to REFINERY CALC, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You. However, please note that REFINERY CALC is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.
If You purchased Product as a physical medium (CD, cartridge or DVD-ROM, .pdf document, custom report, or spreadsheet), this Section 6 is applicable to You: REFINERY CALC warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ten (10) days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, REFINERY CALC will, at REFINERY CALC’s option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is not longer being manufactured by REFINERY CALC or available in REFINERY CALC’s inventory), or (d) at Refinery Calc’s sole discretion, refund Your money when You present REFINERY CALC with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, report, spreadsheet, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the hardware and system on which You are running the Program.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. REFINERY CALC, REFINERY CALC’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. REFINERY CALC DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL REFINERY CALC, REFINERY CALC’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS. NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH REFINERY CALC OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; IN NO EVENT REFINERY CALC, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO REFINERY CALC FOR THE PRODUCT DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. NOTHING IN THIS SECTION 6 SHALL AFFECT REFINERY CALC’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM REFINERY CALC’S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. FOR PURPOSES OF THIS SECTION 6, REFINERY CALC’S LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
You are solely responsible for any damage caused to REFINERY CALC, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED REFINERY CALC AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. REFINERY CALC reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify REFINERY CALC. The provisions of this Section 7 shall remain in force after termination of this EULA.
The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and REFINERY CALC (or its licensors) may terminate this EULA, at any time, for any reason. Termination by REFINERY CALC will be effective upon (a) notice to You or (b) termination of Your REFINERY CALC Account (if any) or (c) at the time of REFINERY CALC’s decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.
REFINERY CALC reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on www.refinerycalc.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product, cease use of the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes. REFINERY CALC may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that REFINERY CALC may stop to support previous versions of the Product upon availability of an updated version. REFINERY CALC’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. REFINERY CALC also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
10.1 Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list. 10.2 Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect REFINERY CALC’s initial intentions. 10.3 No Waiver. No failure or delay by REFINERY CALC (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by REFINERY CALC or by the User. 10.4 Law, Jurisdiction and Dispute Resolution. 10.4.1 To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA. 10.4.2 REFINERY CALC’s goal is to provide you with a neutral and cost-effective means of resolving a dispute quickly. Thus, for any claim related to this EULA where the total amount sought (i) is equal to or more than $5,000 USD, you may, or (ii) is less than $1,000 USD, you must, initiate dispute proceedings by contacting REFINERY CALC by email. REFINERY CALC may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of REFINERY CALC's offer to settle or REFINERY CALC's receipt of the notice of dispute form (whichever is later), you agree to binding arbitration by filing a separate demand for arbitration form . A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, in person; (b) any in person arbitration will take place in Delaware); (c) neither party may bring a claim in small claims court in lieu of arbitration; (d) the ADR provider may award any form of individual relief not to exceed $1,000 USD; (e) REFINERY CALC will pay all costs for non- frivolous claims; (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (g) REFINERY CALC may not seek reimbursement of its attorney's fees in connection with such arbitration. You hereby agree that for any dispute or claim that is less than $10,000 USD, you waive any right to a trial (by judge or jury), you waive any right to participate as a member of a class in a class action or similar proceeding, and you will abide by the dispute resolution mechanism in this Section. 10.4.3 For any dispute that is equal to or more than $10,000 and is not resolved or arbitrated under Section 10.4.2 of this EULA, it is hereby agreed that any action at law or in equity arising under this EULA shall be finally adjudicated or determined in any court or courts of the State of Delaware, or of the United States of America, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by Delaware law. 10.4.4 All claims you bring against REFINERY CALC must be resolved in accordance with this Section 10. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of this EULA. Should either party file a claim contrary to this Section, the other party may recover attorney's fees and costs up to ten thousand U.S. Dollars ($10,000.00USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim. 10.4.5 You agree not to use any section of the www.refinerycalc.com website, simulator, or any data or information generated from or usage from the Product as any evidence in support of your claim against REFINERY CALC, Refinery Calc’s directors, partners, affiliates, personnel, contractors, staff, workers or any entity doing business with Refinery Calc. For any questions concerning this EULA, you may contact REFINERY CALC at the following address: support@Refinery Calc.com. THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.
Email Contact: firstname.lastname@example.org