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Thank you for downloading the Small Town Carbon Calculator (©2009, Clean Air-Cool Planet). By using this software, including any third party software made available in conjunction with this software ("Small Town Carbon Calculator"), you agree to be bound by the following terms and conditions (the "Terms and Conditions").
NON-COMMERCIAL USE ONLY
The Small Town Carbon Calculator is made available to you and your municipality or committee for non-commercial use only. This means that you may use it at work or at home, to calculate your municipality’s greenhouse gas inventory. But you first need to obtain Clean Air-Cool Planet (“CA-CP”)'s permission if you want to sell the Small Town Carbon Calculator or any information, services, or software associated with or derived from it, or if you want to modify, copy (except as provided below), license, or create derivative works from the Small Town Carbon Calculator. In that case, please send an e-mail to stocc@cleanair-coolplanet.org.
The Small Town Carbon Calculator is designed to help municipal staff, town planners, local energy committees, and town administrators document and understand the municipality's greenhouse gas footprint. The Calculator can help a town in taking the first step toward a comprehensive Climate Action or Climate Neutrality Plan.
When presenting the results of your municipal greenhouse gas inventory, whether in written reports or spoken presentations, please credit the "Clean Air-Cool Planet Small Town Carbon Calculator" as a tool you used to complete this task.
Many municipalities want to share the results of the inventory with their constituents and the general public once it's completed. Whether or not you are making your inventory public, download and use of the Calculator implies willingness to share results of the inventory with CA-CP, only for purposes of aggregating U.S. municipal inventory results. Results are expected to be shared upon completion. CA-CP will keep these results completely confidential unless express written consent is given to the contrary.
You may make copies of the Small Town Carbon Calculator and distribute such copies to others within your organization provided that any such recipient has had an opportunity to review and agree to be bound by these Terms and Conditions. If others within your organization do not have this opportunity to review and agree and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your organization (and others within your organization) to these Terms and Conditions. If you do not have this right and the recipients do not have an opportunity to review and agree to these Terms and Conditions, please do not distribute the Small Town Carbon Calculator to them. If you have any questions regarding the terms of distribution, please send an e-mail to stocc@cleanair-coolplanet.org.
If you have comments on Small Town Carbon Calculator or ideas on how to improve it, please e-mail stocc@cleanair-coolplanet.org. Please note that by doing so, you also grant CA-CP and third parties permission to use and incorporate your ideas or comments into Small Town Carbon Calculator (or third party software) without further compensation.
Intellectual Property
You acknowledge that CA-CP or third parties own all rights, title and interest in and to the Small Town Carbon Calculator, portions thereof, or software provided through or in conjunction with the Small Town Carbon Calculator, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Small Town Carbon Calculator. You also agree to not remove, obscure, or alter CA-CP's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Small Town Carbon Calculator.
Disclaimer of Warranties
CA-CP and any third party who makes its software available in conjunction with or through the Small Town Carbon Calculator disclaim any responsibility for any harm resulting from your use of the Small Town Carbon Calculator and/or any third party software accessed in conjunction with or through the Small Town Carbon Calculator. CA-CP will not be responsible for verifying your results from the Small Town Carbon Calculator and assumes no liability for the accuracy of your final data or its use for your municipality.
THE Small Town Carbon Calculator AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Small Town Carbon Calculator ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. CA-CP AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CA-CP AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Small Town Carbon Calculator DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF Small Town Carbon Calculator AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE Small Town Carbon Calculator AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Small Town Carbon Calculator AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF Small Town Carbon Calculator AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CA-CP OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Small Town Carbon Calculator BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF Small Town Carbon Calculator OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CA-CP AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Small Town Carbon Calculator AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Small Town Carbon Calculator, FROM INABILITY TO USE Small Town Carbon Calculator AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Small Town Carbon Calculator, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Small Town Carbon Calculator AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Small Town Carbon Calculator (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to the conflict-of-laws provisions of New Hampshire or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by CA-CP and/or a third party who make its software available in conjunction with or through the Small Town Carbon Calculator.
June 2009
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