eMIG: Energy Meter Information Gateway
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Terms Of Service for eMIG - 2012

Agreement

PAD Technology Ltd (“We”/”Us”/”Our”) agree to provide the Customer/Registered User ("You"/”Your”) with an Internet based monitoring and reading service (“eMIG”) for various meters and data sources. We will strive to achieve the following Service Level Agreement at all times. Following any incident where we fail to meet the terms of this SLA, we will investigate the reasons for the failure, and will implement a corrective plan to prevent any repetition in the future. We attempt to use no complicated terminology to allow you to fully understand this agreement.

Data Protection Provided

We encrypt all personal data on the database including names, addresses and other personal information using strong (triple-DES) encryption. Your password is encrypted using “one-way” encryption. As a consequence, the staff at PAD Technology have no way of accessing your password.

We perform complete database backups every night, together with continuous incremental backups to an external server that will allow us to restore the database in the event of any hardware failure.

Your data is secured in a data centre in England and access to Your data on Our servers is restricted to Your eMIG organisation.

We provide a secure offsite location for your data to be stored. Our service should not be considered or used as a mission critical business component. There will be occasions when Our service is offline for maintenance or updates so a 99% availability policy in any month is considered normal operating practice. Where possible, maintenance and software updates that result in the service becoming unavailable will be restricted to low usage periods outside normal working hours.

In the event that the availability of the eMIG service falls below 99% when computed on a yearly basis from a point in time, Our liability would be limited to the user's prorated charges for the outage time, up to 100% of any monthly charge and no more.

Technical Support Services

All Services include telephone support services, online technical support services, and on-site support services for Infrastructure and their related operating systems, applications and other items are offered from 9AM to 5PM, Monday to Friday except for holidays. All service requests outside these hours are considered billable Emergency Service. Coverage is available upon request for additional daily hours or weekends and additional monthly charges may apply. A Company or individual must submit support requests via email, and may also call into our offices if they are having difficulty, are requesting after hours support, or requesting Emergency Service.

We will use its best efforts to resolve computer technical problems for the Managed Infrastructure in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Response times may be delayed due to research and inquiries, as may be necessary.

Support is limited to related operating system, standard software applications, and connected peripherals. For hardware related issues, we will work with the manufacturer of the hardware to have warranted service/repair if applicable. Should the hardware be outside of the standard warranty it may be necessary to replace the hardware and you will be invoiced accordingly. Should onsite support be required for technical issues, you shall only be billed if provided service is considered Out-Of-Scope, physically damaged, or maliciously damaged, and will be billed at the rates defined in this Agreement.

Liability

Although we aim to provide you with a 99% Service Level and accurate reporting of data, including system outage and poor performance of various meters connected to the system, we will not be responsible for any losses incurred. These losses include but are not limited to; Government grants, feed-in-tariffs, power purchase agreements, renewable heat incentive, any other loss of revenue associated with our data reading service. Our liability only extends to 100% of the monthly charge per customer per meter, not including any portion paid to third parties for services they offer including SIM, APN and other charges.

Suspension or Termination of Service

In the event that Your use of the web portal is adversely affecting the operation of Our Service, Your Account may be suspended or terminated by Us without liability to Us, Our suppliers or Our other users. In order to prevent Your use of our service from adversely affecting the effectiveness of Our Service for other users, or to preserve system integrity or prevent network abuse, notice shall be provided to You via email promptly following such emergency suspension or termination. You are responsible for updating Us with any changes to Your email and contact information to facilitate communication of these notices by maintaining Your “Account Settings” information via the Web Portal.

From time-to-time Our Service Level Agreement may change. Modification may include, but are not limited to, changes in system requirements, restrictions, limitations, or bandwidth requirements. You will be notified via email and/or through eMIG Web site postings. You are responsible for ensuring that your system conforms to any updated restrictions, limitations or requirements.

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE eMIG SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.

1. General

eMIG, any third party software and any documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "eMIG” Software) are licensed, not sold, to you by PAD Technology Ltd ("PAD") for use only under the terms of this License. PAD retains ownership of the eMIG Software itself and reserves all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by PAD that replace and/or supplement the original Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Title and intellectual property rights in and to any content displayed by or accessed through the eMIG Software belongs to PAD. This License does not grant you any rights to use such content, other than in accessing the services of eMIG.

2. Permitted License Uses and Restrictions

Subject to the terms and conditions of this License you are granted a limited non-exclusive license to access the eMIG software on each computer owned or controlled by you, either as an individual or a business.

You may not use the eMIG software for any other purpose, nor may you link, compile or otherwise combine the eMIG software with your own programs, modify, rent, release, lend, sublicense or otherwise redistribute the software, in whole or in part, unless explicitly allowed by PAD.

Certain components of the Software, and third party open source programs included with the Software, are open source components and any applicable licensing terms governing use of the Open-Sourced Components will be effective. PAD is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the open source Software.

You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the eMIG Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the eMIG Software). Any attempt to do so is a violation of the rights of PAD and its licensors of the eMIG Software.

3. Transfer

You may not rent, lease, lend, sell, redistribute or sublicense your eMIG account. You may, however, transfer your eMIG account to another party, provided that the party taking control of the account reads and agrees to accept the terms and conditions of this License.

4. Consent to Use of Data

(a) You agree that PAD can collect regular meter reading data or pulse output data from the meters you have registered on the website. We will use this data to provide You with analysis and presentation of this data. You agree that PAD can use your meter reading data anonymously in a manner that does not personally identify you to contribute to our statistical model for analysing failure and under-performance of meter installations registered on the system, including, but not limited to, meters that you have registered.

(b) Location Data. PAD and its partners, licensees, third party developers and websites may provide certain services through the eMIG Software that rely upon meter location information. To provide and improve these services, where available, PAD and its partners, licensees, third party developers and websites may transmit, collect, maintain, process and use your meter location data. You agree that PAD can use meter location data anonymously in a manner that does not personally identify you to contribute to our statistical model for analysing failure and under-performance of meter installations registered on the system, including, but not limited to, meters that you have registered. You may not withdraw this consent at any time as not using these features will impact the functionality of the Software.

5. Termination

This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from PAD if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the eMIG Software.

Sections 6, 7, 8, 11 and 12 of this License survive any such termination.

6. Services and Third Party Materials

(a) The eMIG Software automatically references, displays, links to, third party web sites and information located worldwide throughout the Internet, and the eMIG Software also performs or provides access to eMIG and third party web services (collectively and individually, “Services”). Use of the Services requires Internet access and use of certain Services may require you to accept additional terms.

(b) You agree to use the Software and Services at your sole risk and that PAD shall have no liability to you for software and service outage other than that explained in our service level agreement (“SLA”)

(c) By using the eMIG Software and Services, you acknowledge and agree that PAD is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity or functionality of the web site, it’s services, or it’s automated warning systems.

(d) All services have a minimum contract period which will be stated when ordering, this is 24 months but other periods may be specified. Payment is required in advance, unless agreed by PAD. Once the service is ordered, the contract begins, runs for the minimum period and cannot be cancelled, no refund is offered. This condition is a result of the terms and conditions of the mobile phone account which is associated with each subscription.

(e) When an item is added to the customer’s account on the eMIG website, the SIM card activation process begins and the SIM will usually be active within 7 days. At this point, remote meter readings can be taken providing that the equipment is working properly and a suitable mobile phone signal is present. It is the responsibility of the installer to test and prove that communications are working during the installation process. eMIG take no responsibility for lost meter reading data resulting from poor mobile network connections or mobile service provider outages

(f) Financial information displayed by the Software or any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the eMIG Software or Services, you should consult with a financial professional. Location data provided by the eMIG Software or any Services is for basic purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property, financial or environmental damage. Neither PAD nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of meter information, location data or any other data displayed by the eMIG Software or any Services. eMIG advise their customers that manual reading of the physical meter must be used for claiming FIT tariffs or submitting current meter readings, as pulse-meter readings cannot be guaranteed to be accurate.

(g) You agree that the Services contain proprietary content, information and material that is owned by PAD and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that PAD is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.

(h) PAD and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will PAD be liable for the removal of or disabling of access to any such Services. PAD may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

7. Disclaimer of Warranties.

7.1 OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER eMIG, PAD NOR ITS SUPPLIERS OR DISTRIBUTORS MAKES ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES OR THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE EMIG SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE eMIG SOFTWARE AND ANY eMIG OR THIRD PARTY SERVICES PERFORMED OR PROVIDED BY THE eMIG SOFTWARE (COLLECTIVELY "SERVICES") ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND eMIG AND eMIG'S LICENSORS (COLLECTIVELY REFERRED TO AS “eMIG” FOR THE PURPOSES OF SECTIONS 7 and 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE eMIG SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

7.4 eMIG DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE eMIG SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE eMIG SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE eMIG SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT THE eMIG SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR OTHER THIRD PARTY SERVICES, OR THAT DEFECTS IN THE eMIG SOFTWARE OR SERVICES WILL BE CORRECTED.

7.5 YOU FURTHER ACKNOWLEDGE THAT THE eMIG SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE eMIG SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY eMIG OR AN eMIG AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE eMIG SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

8. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL eMIG BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE eMIG SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF eMIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

9. Export Control

You may not use or otherwise export or reexport the eMIG Software.

10. Use of eMIG outside of UK

The software and services are designed for use in the United Kingdom only. Use of the software outside of this area is permitted but will not be covered by our service level agreement. The other terms and conditions will apply.

12. Complete Agreement; Governing Language

This License constitutes the entire agreement between you and PAD relating to the eMIG Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by PAD. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this license shall govern, to the extent not prohibited by local law in your jurisdiction.

13. Third Party Acknowledgements and Terms

Portions of the eMIG Software utilises or includes third party software and other copyrighted material. Acknowledgements, licensing terms and additional disclaimers for such material are either contained in the “online” electronic documentation for the eMIG Software or are available on request or may otherwise accompany such material, and your use of such material is governed by their respective terms.

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