Pulse Terms of Use

These Terms of Use (“Terms of Use”) define the legal framework between you and GHGSat Inc. (“GHGSat”), located at 500-3981 Boul. St-Laurent, Montreal, QC, CANADA H2W1Y5, governing access to and use of GHGSat’s PULSE Methane Map (“PULSE”). Should you have a valid, current supply agreement signed with GHGSat, the terms stated in such supply agreement shall take precedence over these Terms of Use. By accessing or using PULSE, you agree to be bound automatically by these Terms of Use as well as their amendments in force at the time of your access to PULSE, and you agree that such acceptance shall have the same legal value as a written express acceptance. If you do not accept these Terms of Use, please do not (and you are not permitted to) access or use PULSE. You should read these Terms of Use every time you use PULSE.

1. Use of PULSE

Subject to your full and perfect compliance with these Terms of Use, we grant you a limited, personal, non-transferable, non-exclusive, free of charge, revocable license, for non-commercial use ONLY to (i) access and use PULSE; (ii) extract, all or any part of PULSE and/or its content, provided appropriate copyright attribution to GHGSat is included; and (iii) derive analyses from PULSE. Any other rights are expressly excluded.

Therefore, you shall not, and shall not authorize a third party to, without limitation, (i) modify, adapt and/or translate all or any part of PULSE and/or related content; (ii) reverse engineer, decompile, disassemble or transform, in any way PULSE; (iii) distribute, sublicense, assign, share, sell, rent, transfer, lease or loan in any way PULSE or the right to use PULSE; (iv) delete or modify any copyright, trademark or any other proprietary rights relating to PULSE; or (v) use PULSE for purposes other than those expressly authorized by these Terms of Use.

In addition, it is strictly prohibited to (i) bypass or circumvent any measures employed to prevent or limit access to PULSE; and (ii) use any device, software or routine that interferes or attempts to interfere with the normal operation of PULSE or take any action that imposes an unreasonable load on our equipment.

We try to make PULSE accessible at all time, but we cannot warrant that the service will be continuous or without defect.

We reserve the right to modify all or part of PULSE, at any time, including, without limitation, the right to delete, modify and/or vary any elements, features and functions of PULSE.

Without prejudice to our rights and remedies, we reserve the right to suspend temporarily or permanently your access to PULSE, at any time, without notice in the event you violate any provision herein.

In the event we consider that your use of PULSE is unlawful and/or unauthorized, and/or violates these Terms of Use, we reserve the right to undertake any procedure we deem necessary, including to terminate these Terms of Use and to take any legal action.

2. Term and Termination

As long as you use PULSE, these Terms of Use shall be applicable between you and us.

We can terminate these Terms of Use at any time and prevent you from accessing PULSE.

In case of termination of these Terms of Use, for any reason whatsoever, the rights granted to you hereunder shall be terminated and you will no longer be authorized to use PULSE.

3. GHGSat Proprietary Rights

© GHGSat Inc. 2020 - All right reserved.

PULSE, its content, including, without limitation, its distinctive names, designations, logos and product and service marketing and all, trademarks, trade names, drawings, pictures, copyrights, patented information and databases and any other intellectual property rights in and to PULSE are the exclusive property of GHGSat. Access to and use of PULSE shall not be construed as assigning nor granting any license in respect of any kind of these proprietary rights. We reserve any rights related to PULSE that are not expressly granted to users hereunder.

4. Liability

Unauthorized use of PULSE may give rise to a claim for damages and/or be a criminal offence.

You expressly agree that your use of PULSE is at your sole risk. GHGSat, its officers, employees, contractors, or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of PULSE or any information, services, or content on PULSE.

You will be responsible for any loss we suffer as a result of your violation of these Terms of Use or any instructions given by GHGSat, including information given during the installation process of PULSE or instructions related to all security requirement communicated by GHGSat to you. You agree to indemnify and hold harmless GHGSat and its affiliates, and their respective affiliates, successors, assigns, employees, agents, directors, officers and shareholders, managers, licensors and insurers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder.

To the extent permitted by applicable laws, PULSE and its content are made accessible on an “as is” and “as available” basis. GHGSat gives no warranty nor represents, without limitation, that (i) PULSE and its supporting elements will meet your requirements; (ii) the same will be uninterrupted, timely, or default and error free; (iii) the result that may be displayed through PULSE will be accurate, up to date or reliable; and (iv) the quality of any data, information or other material obtained will meet your expectations and that such data, information and other material will be default and error free, or that any errors will be corrected. We reserve the right to correct any errors or omissions on PULSE. If you rely on PULSE and any materials available through PULSE, you do so solely at your own risks.

PULSE may contain various combinations of text, images, audiovisual productions, statements, or other information created by us or by third parties. Due to the number of sources from which content on PULSE is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose. Information created by third parties that you may access on PULSE or through links is not adopted or endorsed by us and remains the responsibility of such third parties.

5. Modification of the Terms of Use

We may modify or adapt these Terms of Use at any time, for the future. We will inform you of any substantial modification by placing a notice on PULSE. Your continued access and use of PULSE after a modification or adaptation of these Terms of Use will be deemed as your acceptance of any modified terms.

If you disagree with any modification or adaptation of the Terms of Use, you must cease accessing and using PULSE.