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The Content on this website is Confidential and Proprietary Information. Reproduction, distribution, publication or display of the Content appearing on this website is prohibited without express permission from the Content owner.
SES Report Service is provided by Stoner Engineering LLC ("Licensor"). By using SES Report Service (https://ses.report/, the "Site") you agree to the following terms. If you do not agree you may not use the Site.
Purpose. The Site may be used only for well-alias report distribution through direct use of Stoner Engineering Software ("SES") and by loading a Licensor-generated well-alias web page/URL ("Report URL") into a browser. You may not use the Site for any other purpose, or any purpose that violates any applicable laws, regulations, or other agreements into which you have entered.
Use. Use of the Site is limited to use by: (a) an active SES licensee under either a "Master License Agreement for SES" or "End-User License Agreement for SES" ("SES Licensee"); (b) persons expressly authorized by an SES Licensee ("Authorized Users"); and (c) other persons expressly authorized by an Authorized User to use the Site (all of the foregoing being “Users”). The SES Licensee responsible for causing a Report URL to be broadcast or discontinued on the Site is the "URL Owner".
Viewing. URL Owner is responsible for: (a) naming a portion of what shall become the URL to the report; (b) sending command instructions to the Site from SES Report Screen that will create, update, and/or delete a Report URL ("Broadcasting"); and (c) communicating such URL to Authorized Users.
Permission. The SES Licensee must individually assess and determine the extent of the permitted use of the Site for each and every well-alias before Broadcasting. URL Owner must: (a) ensure Authorized Users are aware of these Terms of Use; and (b) ensure SES Licensee has all necessary rights and permissions from the content owner or otherwise to use the Site for the purpose stated above.
URL Confidentiality. Each User shall maintain all Report URLs as confidential information and shall not disclose or allow disclosure of a Report URL or the existence of a Report URL to the public.
Overwriting & Finite Availability. Except for when URL Owner deletes the Report URL, each Broadcasting overwrites any preexisting Report URL data for the same calendar date of such Broadcasting. If not deleted prior by URL Owner, the Report URL including all associated folders and files shall be permanently deleted from the Site by Licensor approximately two months after the date of its last Broadcasting.
Data. During each Broadcasting the URL Owner creates with SES three system generated xml/text files that enable Licensor's systems to create the intended Report URL and to assess Site usage for potential invoicing. Other files URL Owner may choose to incorporate in a Report URL may include automatically generated image files from graphs in SES and/or custom user files, such as a pdf of a cross section. All necessary files are compressed into one file named "upload.zip", which is the only file uploaded to a secure, non-web-accessible processing portion of the Site using encrypted file transmission. For purposes of this section, Command Data shall include only system generated xml/text files and Client Data shall include all other file contents of "upload.zip". "upload.zip" is available on URL Owner's computer running SES.
Licensor will NOT: (a) own, license, disclose, share, lend, borrow, edit, monitor, or analyze Client Data; (b) download, copy, or in any way transfer Client Data from the Site to Licensor's off-Site business servers, computers, or devices, except as may temporarily and necessarily occur within browser cache or the like during random URL Report viewing by Licensor to evaluate Site functionality; or (c) use tracking cookies to track use of the Site by Users.
Licensor may: (a) use Command data and Client Data to operate the Site; (b) enable a secure limited-term entire-system backup service of the Site but only at linode.com and only for purpose of disaster recovery; (c) at a time of no less than six weeks since the last Report URL broadcast date, and only if such URL is still accessible, delete all related files, folders, Command Data, and Client Data from the Site; (d) analyze Command Data to produce aggregate anonymized use and information statistical reports, such reports to not identify SES Licensee except for purposes of potential invoicing; (e) strive for 24/7/365 site uptime, with advance notice given to SES Licensee through SES notifications when maintenance of the Site is scheduled; and (f) change SES Licensee's username, password, or anonymized parent folder that permits Broadcasting, either upon request by SES Licensee or as deemed necessary by Licensor in its sole discretion.
Licensor is not obligated to keep or store any Command Data after such data are no longer needed to monitor Site usage for invoicing. Any Command Data retained by Licensor will be kept as confidential information and not kept on the Site. Licensor may publicly disclose and release aggregated and anonymized information and statistics about SES Report Service as produced from Command Data provided that such information and statistics do not directly identify any SES Licensees, Authorized Users, content owners, well-aliases, or any derivative information thereof not considered anonymous in nature.
Service Usage Costs. SES licensing includes broadcast well-days per calendar year at no-extra-charge. The included well-days and pricing for use in excess of the included number of well-days are set forth at https://makinhole.com/SES_Licensing.htm. Payments for excess usage must be received within 60 days from Invoice date.
Compliance with Terms. If you violate any of these terms and do not cure the breach within 10 days after receiving email notice, Licensor may discontinue access to the applicable SES Licensee's prior broadcast URLs and Broadcasting access to the Site.
Disputes/Access. In the event a dispute arises regarding the Site, Licensor will make a good faith attempt to resolve the dispute, but if the dispute is not resolved Licensor may take such action as it deems appropriate in its sole discretion. Licensor may, in its sole discretion, block access to or terminate use of the Site or take other action in the event of known or suspected unauthorized access, attacks, or other malicious activity relating to the Site.
Changes to Terms. Licensor may change these Terms of Use at any time and will publish the current terms at https://ses.report/legal.html together with the effective date. Your continued use of the Site constitutes your agreement to the revised terms. Use the "Last Updated" date above to determine when it was last changed.
General Availability. You acknowledge that computer systems and networks are not fault-free and that Licensor does not guarantee that the Site will be available, secure, or error-free. The Site may be unavailable from time to time, may be offered only for a limited time, and may be discontinued or modified without notice. Licensor is not liable for any interruption, discontinuation, modification, or loss relating in any way to the Site.
Disclaimer of Warranties. LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES, OR CONDITIONS, WITH RESPECT TO THE SITE OR THE USE OF THE SITE. YOU UNDERSTAND THAT USE OF THE SITE IS AT YOUR OWN RISK AND THAT LICENSOR PROVIDES THE SITE ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE". YOU BEAR THE ENTIRE RISK OF USING THE SITE. LICENSOR DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE SITE AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability. To the maximum extent permitted by applicable law, in no event will Licensor be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in any way related to the Site, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty, and even if Licensor has been advised of the possibility of such damages. LICENSOR’S LIABILITY, IF ANY, ARISING FROM OR IN ANY WAY RELATED TO THE SITE, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES UP TO THE TOTAL AMOUNT ACTUALLY RECEIVED BY LICENSOR FOR THE USE OF THE SITE BY THE USER FOR THE (12) MONTHS PRIOR TO THE DATE OF THE ACTION GIVING RISE TO THE CLAIM. The foregoing limitations, exclusions, and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.