TERMS of PURCHASE
EcoBlu Analyst Reports and Dashboard are subject to explicit Subscription Terms:
All products and platforms within EcoBlu Analyst are Single-User Subscriptions
Terms of Service
Reports are transmitted via password protected .pdf files for single user only and not intended for resale or further reproduction. Infringements for any use or redistribution to the materials delivered to you beyond these terms are subject to legal action.
EcoBlu Analyst5.0 is cloud-based and sold by subscription. This subscription model has several advantages including:
• No up-front investment.
• No need to buy software or expensive hardware.
• Transparency. No hidden “required” maintenance fees. No unexpected upgrade fees just because an update is suddenly called an “upgrade”.
• Always up-to-date. All improvements in EcoBlu Analyst are always available to all subscribers.
• Flexibility. Your EcoBlu Analyst subscription is only for one year. You can terminate your subscription anytime right up to the point of renewal. However, there is no refund for unused time.
• No surprises on cost. Our EcoBlu Analyst Lite subscription is a flat-rate.
• Guaranteed. Like all Trout Headwaters products, EcoBlu Analyst comes with our 100% customer satisfaction guarantee.
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EcoBlu Analyst Single User Subscription Terms:
A Single User Subscription to EcoBlu Analyst is governed by the terms and conditions of this Subscription Agreement. If the Customer does not accept these terms and conditions, the Customer must notify EcoBlu Analyst immediately to cancel its order for the Subscription. By using a Password to access the Subscription, the Customer acknowledges its acceptance of the terms and conditions of this Subscription Agreement.
1. Defined terms
1.1 “Authorized person” means an individual authorized by the Customer to use EcoBlu Analyst and accept the terms and conditions of this Subscription Agreement on behalf of the Customer, whether an individual or Subscription Single-User.
1.2 “Customer” means the subscribing organization or individual.
1.3 “Subscription Agreement” means this EcoBlu Analyst Subscription Agreement between the Customer and EcoBlu Analyst.
1.4 “Subscription Product” means the EcoBlu Analyst, including all information, text files, and images which comprise the Subscription Product at any time during the period of this Subscription Agreement (“Materials”).
1.5 “Subscription Single-User” means an individual who is issued a password by EcoBlu Analyst.
1.6 “Password” means a password issued by EcoBlu Analyst to a Subscription Single-User on behalf of the Customer for access to the Subscription Product and includes a password as changed by EcoBlu Analyst from time to time.
1.7 “Website” means the EcoBlu Analyst website through which the Subscription Product is accessed.
1.8 “Content” means material including but not limited to photographic imagery, map and terrain data, business listings, and other related information provided by Trout Headwaters, and its licensors.
1.9 EcoBlu Analyst reserves the right to publish subscribers business name and/or user name(s) in the course of its normal marketing activities.
2. Scope of Subscription Product:
2.1 EcoBlu Analyst grants the Customer a non-exclusive, non-transferable subscription to use the Subscription Product in accordance with the terms and conditions of this Subscription Agreement.
2.2 The Subscription Product is a subscription for use only by the Customer and Authorized Persons.
2.3 During the period of this Subscription Agreement, Materials and features may be modified or added to or removed from the Subscription Product by EcoBlu Analyst without notice.
Subscription Single-Users
2.4 Where the Customer is an individual, the Customer must nominate himself or herself as the Subscription Single-User. Where the Customer is an organization, the Customer must nominate an individual who is employed by the Customer as the Subscription Single-User.
2.5 Where the Customer is an organization, the Customer must nominate a Subscription Single-User.
2.6 Where the Customer is an individual, the Customer must provide to EcoBlu Analyst its name and address details.
2.7 ECOBLU ANALYST ONLINE Subscription Agreement – Single-user (Effective as of January 2024)
2.8 Where the Customer is an organization, when an existing Subscription Single-User ceases to be employed by the Customer, the Customer must provide immediate written notice to EcoBlu Analyst for the purpose of cancellation of the Password of that existing Subscription Single-User. The Customer may nominate a new user in substitution for an existing Subscription Single-User at any time during the period of this Subscription Agreement. Any new Subscription Single-User must be an individual who is employed by the Customer. EcoBlu Analyst will issue a new Password to the new Subscription Single-User after cancellation of the Password of the existing Subscription Single-User. The new Subscription Single-User may use the Subscription Product for the remainder of the current 12 month period of this Subscription Agreement.
What Customer must do
2.9 The Customer is responsible for the supply of its own computer hardware and software, for its own telecommunications and internet connections, for the application and maintenance of adequate virus protection measures.
2.10 The Customer is responsible for the use of the Subscription Product by Subscription Single-Users. In particular:
2.10.1 The Customer must ensure that the Subscription Product is only used by Subscription Single-Users and that the Subscription Product is protected from access, use, damage or destruction by any individual who is not a Subscription Single-User.
2.10.2 The Customer must ensure that all Subscription Single-Users are aware of and comply with the terms and conditions of this Subscription Agreement.
2.10.3 The Customer must provide immediate written notice to EcoBlu Analyst of the disclosure of the Password to any individual other than the Subscription Single-Users and of any unauthorized use of the Subscription Product of which the Customer becomes aware.
2.10.4 The Customer must not license, rent, or lease subscription to EcoBlu Analyst to any third parties.
2.10.5 The Customer must not engineer, decompile, or otherwise attempt to extract the source code of the service or any part thereof, unless this is expressly permitted or required by applicable law.
2.10.6 The Customer agrees to use EcoBlu Analyst only for purposes that are legal, proper, and in accordance with the Terms and any applicable policies or guidelines EcoBlu Analyst may make available. By way of example, and not as a limitation, you agree that when using EcoBlu Analyst or the Content, the Customer will not:
(a) restrict or inhibit any other Authorized Person from using and enjoying EcoBlu Analyst or Trout Headwaters services;
(b) interfere with or disrupt Trout Headwaters services or servers or networks connected to Trout Headwaters services, or disobey any requirements, procedures, policies or regulations of networks connected to Trout Headwaters services;
(c) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Trout Headwaters services or Content (or collect information about individual users for any unauthorized purpose;
(d) create Non-Authorized User accounts by automated means or under false or fraudulent pretenses;
(e) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
3. Content in EcoBlu Analyst. EcoBlu Analyst allows the customer to access and view a variety of Content. The Customer understands and agrees that by using EcoBlu Analyst, the Customer does not receive any, and Trout Headwaters retains all, ownership and rights in the Content. The Customer may not use, access, or allow others to use or access the Content, in any manner not permitted under the Subscription Terms unless you have been specifically permitted to do so by Trout Headwaters in a separate agreement.
4. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY. Trout Headwaters makes no representations or warranties regarding the accuracy or completeness of any Content contained in EcoBlu Analyst.