Terms of use

Acceptance of Terms.

Welcome to the Site of nebland software, LLC (“Nebland”). By using or browsing this Site you agree to be bound by these “Terms of Use.” If you do not agree to the terms and conditions of these Terms of Use, please stop using the Site. Nebland may change these Terms of Use at any time, in its sole discretion and without notice. Therefore, we suggest that you check this page often to stay aware of the current Terms of Use. The “Nebland Site” or this “Site” means the website associated with the domain name oadrservices.com.

Use of the Site.

Authorized Use. Nebland operates the Site to provide online access to, sell and/or provide information about certain of its products and licenses, such as virtual machine appliances and creating application program interfaces (collectively “Products”), and services, such as resources relating to Products and responding to technical questions (collectively “Services”). Some Products and Services are available to anyone on the Site (“Users”), such as viewing information about the Products or contacting Nebland, while other Products and Services are only available to users who have registered with Nebland and have an account (“Registered Users”), such as purchasing virtual machine appliances. Any new features, Products or Services added to the Site will also be subject to these Terms of Use.

Not Intended for Minors. This Site is not intended for anyone under the age of 18. If you are under the age of 18 and have reached this Site, please leave this Site immediately.

Prohibited Use. You may not: (i) record, process or mine information about other Users; (ii) attempt to gain unauthorized access to the Site, Services, Accounts, Software, or the computer systems or networks connected to the same; (iii) use the Software, Site or Services to violate the security of any computer network, disrupt or interfere with the security of, or otherwise cause harm to the Site, Software or Services; (iv) metatag, provide links to or frame the Site or Services, without Nebland's prior express written permission; or (v) otherwise use the Software, Site, Services or Account except as expressly provided in these Terms of Use.

Termination. Nebland may terminate or suspend your access to a the Site, Services, Account, Software, Support or other Products, if Nebland determines, in its sole discretion, you have committed any act that: (i) violates these Terms of Use and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site or Services; (iii) through the use of the Site or Services, defames, abuses, harasses, offends or threatens any person or entity, shall not be permitted; or (iv) violates applicable law. If your use of the Site, Products or Services, or the disclosure of information as described herein, would violate any law, your right to use the Site, Products or Services, and/or disclose such information, is withdrawn.

Software License.

General. Your purchase or authorized download of any Product or Products which constitute software, code (whether source, object or executable), application or appliance (collectively, “Software”) sold or otherwise made available from or through the Site, grants you a limited, worldwide, non-exclusive, non-transferrable, non-sublicensable, revocable right and license to use that version or release of the Software for your own purposes (the “General License”), subject in all respects to each of the following: (i) these Terms of Use; and (ii) the terms and conditions of any third-party license or sub-license identified by Nebland in connection with such Software (whether in these Terms of Use, on the Site, in any file included with such Software, or otherwise).

OpenADR Virtual Machine. In addition to the General License set forth above, any Software which constitutes OpenADR software or code running on a Virtual Machine Appliance (the “OpenADR Virtual Machine”) is subject to the following license (the “OpenADR License”):

OpenADR License

Copyright © 2015, Electric Power Research Institute (EPRI)
All rights reserved.
OpenADR is licensed under BSD 3-Clause license.

Redistribution and use in source and binary forms, with or without modification are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. Neither the name of EPRI nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

The OpenADR VTN software subject to this OpenADR License is available for download on github. This software is based on the EPRI software released on sourceforge, but it distinct from the EPRI offering, and EPRI does not endorse or support the Nebland offering.

In the event of any conflict or inconsistency between any term, condition or provision of the General License and those of the OpenADR License, the terms, conditions or provisions of the OpenADR License shall control and govern the license and use of any OpenADR Software or code.

Support.

Your purchase of or authorized access to any Product which constitutes support or consulting services rendered by or on behalf of Nebland (“Support”) (whether in connection with, or independent of, the purchase of related Software or other Products), constitutes a limited-term, limited-use, non-transferrable and revocable right to access that Support for your own purposes, subject in all respect to each of the following: (i) payment in full of the price due to Nebland with respect to such Support; (ii) these Terms of Use; and (iii) any other terms and conditions identified by Nebland in connection with such Support (whether in these Terms of Use, on the Site, or otherwise).

Nebland currently offers limited-term, limited-use, non-transferrable subscriptions to the following types of Support:

  • Installation Support. General Support related to the installation and upkeep of the OpenADR Virtual Machine by email only, during the subscription period and for the number of hours (as determined by Nebland) as set forth with respect to such Installation Support at the time you purchase the applicable subscription.
  • Technical Support / Consulting. General and customized Support related to the OpenADR Virtual Machine, including: (i) customized Installation Support; (ii) OpenADR consulting; (iii) programming for a VEN or customization of the VTN. Technical Support / Consulting is provided primarily by email, but also includes support by phone, upon reasonable request.

Software developed by Nebland under a support agreement purchased through this site shall have dual ownership: both Nebland and the purchaser shall have ownership of the software without restriction.

You may receive the remaining term and number of hours of your active subscriptions for Installation Support or Technical Support / Consulting Services by contacting us. Nebland's strives to respond to email inquiries for Installation Support or Technical Support / Consulting within 48 hours following receipt by Nebland through the contact page, or at oadrservices@nebland.com.

Registered User Account.

By creating a Registered User account (an “Account”) on the Site, you agree: (i) that you are at least 18 years of age or older; (ii) are responsible for maintaining the confidentiality of the password associated with your Account, and are fully responsible for all activities that occur under your password or Account; (iii) to provide true, accurate, current and complete information about yourself as prompted by the registration form for creating your Account (your “Registration Data”); (iv) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (v) immediately notify Nebland of any unauthorized use of your password or Account, or any other breach of security of the Site of which you become aware; (vi) ensure that you exit from your Account at the end of each session; (vii) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you represent and warrant that you have the authority to enter into this Agreement on behalf of that entity; (viii) Nebland is authorized, but not required, to act on payment instruction from anyone using your Account; and (ix) Nebland has the right to suspend or terminate your Account and refuse your use of the Service for any reason, including for violations of these Terms of Use, any General License, the OpenADR License, and/or or any other agreement between yourself and Nebland.

Financial Transactions.

You authorize Nebland to initiate debits or charges against your financial account or credit card periodically for the amount then due for purchases of any Products made by you or anyone using your Account. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by Nebland from time to time. You acknowledge that such financial transactions may be facilitated by a third party payment processor selected by Nebland (the “Processor”), and agree that Nebland may share your information, including information about your financial accounts, with the Processor for this purpose. All amounts paid are non-refundable, except where and to the extent required by law.

Content & User Content.

The content on the Site, including without limitation, the trademarks, copyrights, text, software, graphics, photos, music, videos, and the like (“Content”), is owned by or licensed to Nebland and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. Content on the Site is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Nebland. Nebland reserves all rights not expressly granted in and to the Site and the Content.

You may be able to post user-generated content, such as comments, photos, presentations, articles, profiles (including your name, image, and likeness), messages, notes, text, information, music, and videos (“User Content”) on the Site. You will remain the owner of the User Content. By posting User Content, you grant Nebland an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with Nebland, the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. For example and without limiting the foregoing, by posting comments to any portion of the Site, you grant Nebland the right to use, copy, edit, highlight, feature, distribute, and display those comments or any portion thereof in the Site and in promotions thereof in any manner and for any purpose. By posting User Content, you represent and warrant that (i) you have the right to post the User Content, (ii) that no third party rights, laws or regulations, e.g. COPPA and FERPA, will be violated by such posting, (iii) that you have the right to grant Nebland the rights granted herein, (iv) that no User Content contains any personal information regarding anyone under the age of 18, (v) the User Content is not harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable or offensive, and (vi) the User Content does not make the security of the Site vulnerable in any way. You acknowledge that Nebland and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content or material that is available through the Site. You also hereby grant each User a non-exclusive, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) any User Content submitted by you during use of the Site.

Privacy Policy.

Our Privacy Policy governs the collection, use and disclosure of all Personal Data (personally identifiable information about you, such as your full name, birth date, e-mail address or mailing address, phone number and any other information that can be used to identify or contact you) and is incorporated herein. For more information, see our full Privacy Policy.

Third Party Intellectual Property.

Nebland respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person's copyright or other intellectual property right. When reporting infringing material to Nebland (“DMCA Notice”) please provide each of the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Nebland to locate the material;
  4. Information reasonably sufficient to permit Nebland to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a complete DMCA Notice, Nebland will:

  1. take reasonable steps promptly to notify the user that Nebland has removed or disabled access to the allegedly infringing material;
  2. upon receipt of a Counter Notice (as defined below), promptly provide the person who provided the notification with a copy of the Counter Notice, and inform that person that Nebland will replace the removed material or cease disabling access to it in 10 business days; and
  3. replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notice, unless Nebland's designated agent (identified below) first receives notice from the person who submitted the DMCA Notice that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on the Site or Product.

A counter notification in response to a DMCA Notice (a “Counter Notice”) must include each of the following:

  1. A physical or electronic signature of the user;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. The User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which Nebland may be found, and that the User will accept service of process from the person who provided notification or an agent of such person;

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. ยง512(c)(2)), our designated agent to receive notices and counter notices of claimed infringement is:

DMCA Notice
c/o Benjamin DuPont
111 North Broadway, Suite B
Green Bay, Wisconsin 54303
ben@nebland.com

We reserve the right to remove any infringing material or User Content that we believe in good faith to be copyrighted material that is used without authorization by User of the Site. We also reserve the right to suspend or delete the account of any repeat offender.

Site Provided “As Is.”

You understand and agree that the Site and all services and information provided on it are provided “As Is” and that Nebland assumes no responsibility for the accuracy, timeliness, deletion or mis-delivery of any User communication, information, or configuration. You, and not Nebland, are entirely responsible for all material or User Content that you post, transmit or otherwise make available through the Site. Nebland does not review or control the material or User Content that others post, transmit or otherwise make available through the Site, and accordingly Nebland does not guarantee the accuracy, integrity or quality of such material or User Content. You acknowledge that Nebland and its designees shall have the right (but not the obligation), in their sole discretion, to refuse or remove any product, service, material or User Content that is available through the Site.

Indemnification.

You agree to indemnify and hold harmless Nebland, its subsidiaries and affiliates, and its and their respective shareholders, members, directors, managers, officers, employees, agents and representatives (collectively, “Indemnified Parties”) from any claim, demand, action, cause of action, judgement, damages, fines, penalties, expenses, liabilities and losses (including, without limitation, costs of investigation, negotiation, proceedings and settlement, and attorneys,' accountants' and expert witnesses' fees) arising out of, relating to or resulting from: (i) your use of or connection to the Site, Services, Products (including Software and Support) Account or Content; (ii) claims or demands by any third party arising out of material or User Content you post, transmit or otherwise make available through the Site, Products or Account; (iii) your violation of these Terms of Use; and/or (iv) your negligent acts or omissions, intentional misconduct, violation of applicable law, or violation of any rights of any other person or entity.

Disclaimer.

THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT, SERVICE CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, THE INFORMATION RECEIVED THROUGH IT, THE PRODUCTS AND/OR THE SERVICES. FURTHER, NEBLAND MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER SITES WHICH YOU MAY ACCESS THROUGH ITS SITE or the content, SERVICES OR PRODUCTS contained therein or obtained therethrough. NEBLAND FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE SITE, PRODUCTS, SERVICES OR USER CONTENT, OR THAT THE FUNCTIONS CONTAINED ON THE SITE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES IN THE SITE WILL BE CORRECTED. NEBLAND MAY MAKE CHANGES TO THE SITE, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS OR SERVICES THAT ARE NOT AVAILABLE. YOU HEREBY RELEASE Nebland from any and all claims, demands and damages, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to a dispute between you and another USER. California residents hereby shall and do waive California Civil Code 1542, which provides “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Limitation of Liability.

NEBLAND AND THE OTHER INDEMNIFIED PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, PRODUCTS, SERVICES, OR ANY INFORMATION RECEIVED FROM OR THROUGH THE SITE, INCLUDING THE CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, PRODUCTS, SERVICES OR CONTENT IS TO STOP USING THE SITE AND THE INFORMATION OBTAINED THEREFROM.

Access.

Nebland may apply patches, updates and modifications to its Site at any time (each an “Update”). Nebland may change, modify, suspend, or discontinue any aspect of any Site at any time. Nebland may also impose limits on certain features or restrict your access to the Site or any part of the Site without notice or liability. Nebland makes no representation that the Site will work on a particular web browser, version of a web browser or device. You are responsible for having necessary Internet connections, equipment, software (including a web browser) and services for you to effectively access the Site. You understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Site or Services, including without limitation, the Account (defined below) registered to you or posted User Content (defined below).

Miscellaneous.

These Terms of Use and the relationship between you and Nebland shall be governed by the laws of the State of Wisconsin. You hereby consent to the exclusive jurisdiction and forum of the federal and state courts located in the State of Wisconsin for all purposes in connection with any action or proceeding which arises out of or relates to your use of the Site, these Terms of Use, or any Content or Registration Data. Nebland's failure to enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision. Nebland may revise these Terms of Use at any time, and any such revisions shall be effective immediately without notice. You should visit this page from time to time to review the then-current Terms of Use. Nebland may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach of these Terms of Use.