EDMI Ltd or its relevant subsidiary company that provides energy meter data services in the applicable territory ("EDMI") provides the online web reporting and data visualisation application system called [Clariti], including plug-ins and product components provided with or as part of that system ("[Clariti]") and the Internet site ([www.energyclariti.com]) to access [Clariti] (together "the Service"). By using the Service:
The User may only access or use the Service:
EDMI authorises the User, a non-exclusive and non-transferable basis, to access and use the Service to use the online [Clariti] Base Level functionality and New optional Functionality for the sole purpose of accessing and using, in accordance with the Service Agreement, the electricity metering information made available under that Agreement ("the Authorisation").
The Service is available and the Authorisation is granted on an individual user basis via the provision of individual user names (the User's existing email address) and passwords. The User is responsible for keeping the user name and password secure. In particular, the User agrees:
The Authorisation does not entitle the User to receive from EDMI hard-copy documentation, technical user support, telephone assistance, or enhancements or updates to the Service.
EDMI will use its best endeavours to provide the User with 24 hour by 7 day access to the Service via the Internet subject to necessary downtime to maintain (whether planned or unplanned) the Service or its underlying systems.
Subject to clause 5.1, the Service is provided on an "as is" basis. EDMI makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials or products included as part of the Service. To the full extent permissible by applicable law, EDMI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
The Service may contain online banner advertisements and links to other websites. Responsibility for the content of advertisements and those other websites rests solely with the advertiser. The placement of these advertisements and links on the Service does not constitute EDMI's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement or with the website linked to the Service.
EDMI (or its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights (including, to avoid doubt and without limit, copyright) in and to the Service, including [Clariti] and all other software and other material underlying and forming part of the Service. All intellectual property rights are reserved.