ENVIRONMENTAL SCIENCE SERVICES, INC.

END-USER LICENSE AGREEMENT FOR HOUSTON SHIP CHANNEL ATLAS - DIGITAL PERSONAL VERSION

IMPORTANT—READ CAREFULLY: This Environmental Science Services, Inc. End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Environmental Science Services, Inc. (Es²) for the Houston Ship Channel Atlas - Digital Version ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or copy the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:

* Installation and Use. You may install and use one copy of the SOFTWARE PRODUCT on a single computer and may not be copied or otherwise transmitted for use, distribution or sale to or by others without the expressed written permission of Es². 
* Pages are electronically restricted from full or partial page extraction, and any attempt otherwise to extract is not permitted and would be considered a violation of the EULA. 
* Hard copies of whole individual pages may be printed for personal/internal, non-commercial use by the individual purchaser/user. 
* The EULA allows the individual purchaser/user to print one copy of the document in its entirety for personal/internal, non-commercial use. No additional hard copy production of the document in its entirety is allowed.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation.
* Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
* Termination. Without prejudice to any other rights, Es² may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 

3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT are owned by Es² or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.

4. GOVERNING LAW:

* This EULA in all respects shall be governed by and construed according to the laws of the State of Louisiana, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
* This EULA is entered into in Livingston Parish, Louisiana. You consent to the exclusive jurisdiction of Louisiana for any dispute arising from or related to this Agreement. You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in Livingston Parish, Louisiana. 

5. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Es² and its suppliers provide the SOFTWARE PRODUCT and any (if any) support services related to the SOFTWARE PRODUCT (“Support Services”) AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of work man like effort, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.

6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Es² OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Es² OR ANY SUPPLIER, AND EVEN IF Es² OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. LIMITATION OF LIABILITY AND REMEDIES. Not with standing any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Es² and any of its suppliers with regard to the SOFTWARE PRODUCT or this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid for the SOFTWARE PRODUCT. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

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What makes working with Es2 so great?

We are a group of consummate environmental professionals who approach all projects, big and small, with diligence and innovation. We are Registered Engineers, Certified GIS Professionals, Experienced Scientists and Technicians who all demand serious and meticulous results.

Backed By Experience

Established in 1996, Es² provides a wide range of engineering and science support services for Industry and the Public Sector built around high-end technologies such as GIS, GPS, image processing, and analytical data processing. Robert Simmons, P.E., President of Es², has over 30 years of experience in the oil and gas industry including 16 years as an engineer at Exxon where he served as a Task Force Operations Manager in Prince William Sound during the Exxon Valdez spill cleanup.  Andrew Milanes, P.E., Vice-President of Es² has 25 years of experience in private consulting providing high-quality services and solutions to his clients.