License Agreement Please read the following License Agreement. Use the scroll bar or press the Page Down key to view the rest of the agreement. TERMS OF LICENSE. ORI grants Licensee the non-exclusive right to use the information from ORI ("ORI System") for the sole purpose of providing material safety data to First Responders responding or being trained to respond to hazardous material ("HAZMAT") incidents and emergencies within the Licensee's geographical Service Area until such time as either party provides the other with thirty (30) days advance written notice of termination of this License. MATERIAL IDENTIFICATION AND SAFETY DATA. All data identifying the hazardous material contents and layout of commercial transportation carriers' tank cars, trailers and containers and the proper response to incidents and emergencies with respect thereto is provided to ORI and periodically updated by (a) commercial carriers, (b) the U.S. Department of Transportation, (c) the Association of American Railroads, (d) carrier equipment suppliers, and (e) other similar organizations. CONFIDENTIALITY. Licensee agrees to keep confidential all information relating to the contents or layout of commercial transportation tank cars, trailers and containers obtained from ORI and, not to disseminate any information received from ORI except as part of emergency response, education or training of a First Responder. The Licensee shall not offer, allow or deliver (and shall not permit any third party to seek or receive) any information received from ORI to any third party that is not also an employee of a First Responder. The Licensee shall take appropriate precautions to prevent abuse and to protect the access to and security of the ORI System including all data retrieved therefrom by limiting physical and electronic access to it to employees and consultants on an "as needed" basis and requiring that such persons also abide by this License. Licensee shall be responsible for any breaches of such confidentiality procedures by its employees or other persons who gain access to the ORI information through the Licensee which shall be grounds for immediate termination of their License. WARRANTIES. (A) ORI DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY OF THE INFORMATION PROVIDED TO LICENSEE, OR ANY DATABASE FROM WHICH ORI OBTAINS OR DERIVES INFORMATION. ORI WARRANTS TO LICENSEE ONLY THAT IT HAS THE RIGHT TO PROVIDE THE INFORMATION ON THE ORI SYSTEM TO LICENSEE. THE WARRANTY EXPRESSED IN THIS SUBPARAGRAPH ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ORI HEREBY DISCLAIMS INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT, ORI SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL AND/OR LOSS OF PROFITS. (B) Licensee represents, warrants and covenants that (i) it is an organization of individuals customarily involved in responding to commercial carrier incidents and emergencies, (ii) its use of Operation Respond information delivered to or accessed by it under this License shall be restricted to providing emergency services, education and training to First Responders in their Service Area, (iii) the actual physical location of the Operation Respond Emergency Information System installation is in a safe and secure environment and that the employees having access to this information have been subject to, on a periodic basic, employment background checks, and (iv) Licensee shall use reasonable efforts to assure itself and ORI that use of the Operation Respond information by First Responders complies with this License, and all applicable laws. LIMITATION ON LIABILITY. Licensee acknowledges that ORI is merely transmitting data and information from the ORI System that was obtained from third parties and that ORI has no duty, obligation or ability to verify or investigate the accuracy, reliability or timeliness or completeness of such data or information. Therefore Licensee agrees that in no event shall ORI be liable to Licensee or any other party for any inaccuracy in that data or information provided on the ORI System or any act, error or mission of any other person or entity, whether arising out of ORI's negligence or for any other reason. Therefore, Licensee agrees not to assert, commence or maintain or cause to be asserted any claim, action or proceeding against ORI based on the accuracy, reliability, completeness or timeliness of the data and information on the ORI System. HOLD HARMLESS. Licensee will hold ORI harmless for any and all claims, costs and damages (including reasonable attorneys fees) which arise due to any inaccuracy of the Material Safety Data, loss or interruption of power, act of God or Licensee's breach of any part of this Agreement. COMPLETE AGREEMENT. This License constitutes the sole agreement on this subject matter and supersedes all prior oral and written statements. No amendment of this License shall be binding on the parties unless agreed to in writing by the parties. This License shall not be assignable by the Licensee. The failure or delay of any party to exercise any right provided for in this License shall not be deemed a waiver under this License. OPERATION RESPOND INSTITUTE, INC. 401 Consitutional Avenue, N.E. Washington, D.C. 20002 (202) 548-0935 Daniel M. Collins President OPERATION RESPOND INSTITUTE, INC. Do you accept all the terms of the preceding License Agreement? Yes To order and install OREIS, you must accept this agreement.     Copyright © 2006 Operation Respond Institute, Inc.  All rights reserved.