SolarAnywhere is a database of solar irradiance and associated data.SolarAnywhere data is © 2008-2020 Clean Power Research®, L.L.C.
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The information is collected from various sources and will change over time without notice. Clean Power Research and its officials and employees assume no responsibility or legal liability for the accuracy, completeness, reliability, timeliness, or usefulness of any of the information provided nor do they represent that the use of any of the information will not infringe privately owned rights. While Clean Power Research endeavors to provide a usable, complete and high-quality irradiance data stream, events can occur in the generation of SolarAnywhere data that are beyond the control of Clean Power Research. For instance, the satellite platforms—upon which SolarAnywhere relies for imagery and other remote sensing data and which are operated by the US National Oceanic and Atmospheric Administration (NOAA)—could become nonfunctional or be damaged or destroyed, interrupting the flow of imagery into SolarAnywhere and the consequent generation of irradiance measurements. Thus, data could be missing from SolarAnywhere or in error. In such cases, Clean Power Research actively monitors remediation efforts by NOAA or other active parties and may take additional steps to provide supplemental data to customers. Clean Power Research will make a best effort to communicate relevant outages or issues it becomes aware of directly to customers.
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2. Grant of License
Clean Power Research grants You a nonexclusive, nontransferable license to use the Data with which this license is distributed, within the entity You represent, and to make backup copies of the Data provided that: (i) all applicable copyright notices, and “readme” files(s) are maintained with the Data; and (ii) You agree to be bound by the terms of this License Agreement. The Data shall be used only by You, for your own personal or internal business use and not for distribution.
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The Data may contain material that is protected by the United States Copyright Law and by international treaty provisions. All rights not granted to You herein are expressly reserved by Clean Power Research. You may not remove any proprietary notice of Clean Power Research from any copy of the Data.
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You may use only the Data or subset thereof for which You have paid the required fees. You may use the Data internal to the entity You represent subject to the restrictions outlined below.If You or the entity You represent are engaged in the creation or modification of studies, reports or analyses performed as a paid or unpaid service for a third party, You may use the Data in the course of performing the calculations necessary for the studies, reports or analyses subject to the restrictions outlined below. However, if You intend to relay or deliver the Data in whole or in part to a third party and not maintain the Data or any subset thereof within the entity You represent, You shall contact Clean Power Research as outlined below to request a license transfer, which Clean Power Research may or may not provide at its sole discretion. Upon execution of a license transfer, You shall permanently destroy any copies of the Data maintained or stored within the entity You represent.
If You or the entity You represent intend to relay or deliver the Data in whole or in part to a third party and maintain the Data or any subset thereof within the entity You represent then the third party shall purchase a separate license for the Data in advance of any delivery by You to the third party, however Clean Power Research maintains sole discretion on purchase and license eligibility: Clean Power Research may choose not to license the Data to the third party. This requirement extends to programs, software or services for solar simulation and/or for the graphical interpretation, display, visualization or rendering of the Data.
You shall not sell, rent, lease, publish, post, license, lend, assign, timeshare, or transfer in whole or in part, or provide unlicensed third parties access to prior or present versions of the Data without the written consent of Clean Power Research. Clean Power Research shall be the sole and final arbiter on the license status of any entity or individual. No part of this restriction should be construed to disallow the creation of studies, reports or analyses so long as the Data is not transferred in whole or in part to an unlicensed third party and so long as the other conditions in this agreement, including the benchmarking restriction in this section are met. However, results or analyses relayed to a third party shall not allow for the derivation or reverse engineering of the Data in whole or in part.
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Furthermore, You shall not make use of the Data or derivatives thereof in whole or in part in internal or external processes that involve the exploration, creation or development of any products that could be considered —at the sole discretion of Clean Power Research—as competitive offerings to SolarAnywhere or any other existing product or service licensed or sold by Clean Power Research. This includes, but is not limited to, solar irradiance forecasting, solar installation siting or equipment quoting tools and renewable energy or utility program management tools or systems.
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You can recover from Clean Power Research only direct damages up to an amount equal to the fees You have paid to us for the Data for one year. Neither party can recover consequential, lost profits, special, indirect, incidental or punitive damages.This limitation applies to any claim arising under this Agreement, including without limitation, anything related to:
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This Agreement is effective until it is terminated. You may terminate this Agreement at any time by destroying or returning to Clean Power Research all copies of the Data in your possession or under your control, including backup and archival copies. Clean Power Research, upon not less than ten (10) days prior written notice to you, may terminate this Agreement for any reason, including but not limited to, your violation of any of the terms of this Agreement. Within 30 days of notification of termination, You agree to return the original Data to Clean Power Research and certify in writing that all known copies of the Data, including backup and archival copies, have been destroyed. All provisions relating to proprietary rights and transfer prohibitions shall survive the termination of this Agreement. If Clean Power terminates this Agreement for a reason other than your violation of the terms of this Agreement, Clean Power shall make a prorated refund of the license fee.
9. Return and Refund Policy
As noted above, SolarAnywhere Data is licensed on an “AS IS” basis. There are no refunds, returns or exchanges provided by Clean Power Research, L.L.C. for SolarAnywhere license purchases or downloads. SolarAnywhere support will make reasonable efforts to troubleshoot technical problems.
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12. Transfer and Contacting Clean Power Research
Clean Power Research may transfer this license, in whole or in part, at any time with or without notice to You. You may not transfer this license, or any part of it, or the Data or service through which it is obtained, either temporarily or permanently, to any other person or entity without the prior written consent of Clean Power Research.
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In the event any of the provisions on this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be eliminated or limited to the minimum extent necessary so this License Agreement shall otherwise remain in full force and effect.