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Beta User Agreement

PHAROS PROJECT BETA LICENSE AGREEMENT AND NOTICE TO USERS

Last Updated: April 24, 2007
Welcome to the Beta User Agreement for the Pharos Project. This agreement describes the terms on which you may access and use the Pharos Product Library and other Pharos Project tools and all data stored therein (hereinafter collectively referred to as the "Pharos Project Tools") during the Beta testing period. In order to become a Pharos Project Beta tester, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. In the event of any inconsistency between the Pharos Project Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not participate in the Beta testing phase but are welcome to browse the site and use the information found therein.

Although we will do our best to notify all users of changes to this agreement, some changes may occur without prior notice.  We reserve the right to modify this Agreement at any time by posting amended terms on this website. Your continued use of the Pharos Project Tools indicates your acceptance of the amended User Agreement.

Description of the Pharos Project
Pharos Project is offering a set of online tools, including a product library, material analysis framework and discussion area, offered to enable architects, designers, engineer, building materials specifiers and others to find the right material that meet their or their clients' social, environmental and health criteria more readily.  Whether looking for a cabinet, flooring or the most energy efficient insulation for that next project, Pharos Project users can make informed decisions and consider input from others in their field who are users of the Pharos Project Tools.

Currently, only Beta versions of the Pharos Product Library and Wiki tools are available for use to anyone agreeing to this User Agreement.

Pharos Beta Description and disclaimers
The Pharos Project provides the Beta Version of the Pharos Product Library and Wiki Tools to you subject to the terms contained in this end user agreement (agreement).

The Beta versions of Pharos Project Tools are expected to contain defects and a primary purpose of this Beta testing is to obtain feedback on their performance and the identification of defects.  Users are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the Pharos Project Tools and/or accompanying materials.

You understand and agree that the Pharos Project Tools are provided on an "as is" and "as available" basis and that the Pharos Project does not assume any responsibility for prompt or proper delivery or retention of any user information or communications between users.  Pharos Project assumes no responsibility for the accuracy or existence of any communications between users.  Pharos Project expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purposes and non-infringement.

Pharos Project makes no warranty during the Beta testing phase that:, (i) the Pharos Project Tools will meet your requirements, (ii) the Pharos Project Tools will be available uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the Pharos Project Tools will be accurate or reliable, (iv) the quality of any products or services, information, or other material purchased or obtained by you as informed by information derived from the Pharos Project Tools will meet your expectations, or  (V) any errors in the Tools will be corrected.

Release of this Beta version of the Pharos Project tools is made by the Pharos Project solely for purposes of internal testing and evaluation. Any use of the Tools for other uses such as informing material selection for design projects is done at User's own discretion and risk with no warranty assumed by the Pharos Project.
 
Any material downloaded or otherwise obtained through the use of Pharos Project Tools is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from the Pharos Project or through or from the Pharos Project Tools shall create any warranty not expressly stated in this User Agreement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Confidentiality
The Pharos Project is an open-source, democratic set of Tools.  Therefore, we encourage you to use and share information you obtain from the Pharos Tools. You are also permitted to invite others to register to participate in the Beta test process. Although our Privacy Policy protects your registration information, users must agree to implement reasonable security measures to protect their confidential information. Users must utilize their best efforts to cooperate with and assist Pharos Project in identifying and preventing any wrongful use of Pharos Project tools.

Feedback
In exchange for access to the Pharos Project Tools during the Beta testing phase, you agree to evaluate the Pharos tools you use and report such evaluation to the Pharos Project.   Reports shall be made to a designated representative through a ticketing system designed by the Project and/or in writing as the Pharos Project deems reasonable and useful. Notwithstanding any other provision in this Agreement, the Pharos Project shall have the right to use ideas, information, understandings, and concepts derived from your evaluation of the tools without restriction and without compensating you therefore. "Input" shall mean all suggestions, comments, feedback, ideas, or know-how (whether in oral or written form) provided by you to the Pharos Project in connection with the Pharos Project Tools. You grant the Pharos Project, under all of your intellectual property and proprietary rights, the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid up rights: (1) to make, use, copy, modify, and create derivative works of the Input, and, (2) to publicly perform or display, import, broadcast, transmit, distribute, lend copies of the Input (and derivative works thereof). You warrant that the Input does not infringe any copyright, trade secret, or any other right of any third party, and that you have no knowledge of, and have not been put on notice of, any patent of any third party that may be infringed by the Input (including any implementation thereof recommended by you).

It is expressly understood, acknowledged and agreed that users shall, regardless of whether or not formally requested to do, provide to the Pharos Project reasonable suggestions, comments and feedback regarding the Pharos Project Tools, including but not limited to usability, bug reports and test results, with respect to application testing (collectively, "Feedback"). If you provide such Feedback to the Pharos Project, you shall grant the Pharos Project the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, distribute and create derivative works of, the Feedback as part of any Pharos Project product, technology, service, specification or other documentation (individually and collectively, "Pharos Project Tools"); and, (ii) to publicly perform or display, import, broadcast, transmit, distribute, or lend copies of the Feedback (and derivative works thereof) as part of any Pharos Project Tools. Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Pharos Project to comply with any additional obligations with respect to any Pharos Project Tool that incorporates any Feedback.

Grant of License
Subject to the terms and conditions of this Agreement, the Pharos Project hereby grants to you a non-exclusive right (i) to use the Pharos Project Tools in accordance with this agreement, and (ii) to copy images or information derived from the Pharos Project Tools for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.

Restrictions on Grant
Except as otherwise specifically permitted in this Agreement, you may not: use Pharos Project Tools for commercial purposes or redistribute, encumber, sell, rent, lease, sublicense, use any Pharos Project Tool. You may NOT remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s) although you are welcome to provide Feedback on any of the above; publish any results of benchmark tests run on any Pharos Project Tool to a third party without prior written consent from the Pharos Project.

Beta-Software Support
The Pharos Project will provide a ticketing system for providing Feedback and, to the best of its ability, provide technical support.  However, the Pharos Project is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Pharos Project Tools will be corrected.

You acknowledge and agree that the Pharos Project is not obligated to provide technical support of any kind. You acknowledge that the Pharos Project shall have the right, in its sole discretion and without incurring any liability, to modify the Tools or discontinue their use or distribution at any time and for any reason.

Ownership and Copyright of Pharos Tools
Title to all Pharos Project Tools remains with Pharos Project. Pharos Project Tools are trademarked and are protected by United States copyright laws and international treaty provisions. Users will not remove trademark notices from any Pharos Project Tool. Users agree to prevent any unauthorized copying of Pharos Project Tools or the information therein. Except as expressly provided herein, Pharos Project does not grant any express or implied right to you under Pharos Project patents, copyrights, trademarks, or trade secret information.

Publicity
You and the Pharos Project may make any public statement, press release, or other announcement relating to the terms of or existence of this Agreement without the prior written approval of the Pharos Project, except as required by law.

Non-Exclusive
The licenses granted in this Agreement to you are non-exclusive.

Information Provided on this Website
In the course of using the Pharos Project Tools, users may provide information about products and themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). Unless otherwise agreed upon, you understand that by posting materials on the Pharos Project website or otherwise providing materials to the Pharos Project, you are granting to the Pharos Project a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Pharos Project Tools. Furthermore, you understand that the Pharos Project retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Pharos Project is the sole responsibility of the person from which such content originated and that the Pharos Project will not be liable for any errors or omissions in any content. You understand that the Pharos Project cannot guarantee the identity of any other users with whom you may interact in the course of using the Pharos Project Tools. Additionally, we will do our best but cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

Access to Pharos Project Tool data
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Pharos Project website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein without explicit written agreement of the Pharos Project. You also agree not to "frame" or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Pharos Project Communications
In the course of providing you access to the Pharos Tools, the Pharos Project may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Pharos Project, including welcome emails which help inform new users about various features of the Pharos Project Product Library, Pharos Wiki and other Tools as released. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Pharos Project.

Monitoring and Enforcement 
While we have the right to monitor activity and content associated with the Pharos Project, we are not obligated to do so. And since we do not, and may not have the ability to control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Fees
Currently, signing up for a basic Pharos Project account is free to beta users. Pharos Project reserves the right to charge for the Pharos Project or any portion thereof, modify the pricing of, add to, or discontinue the Pharos Project or any portion thereof.

Membership Eligibility
The Pharos Project Tools are not available to minors under the age of 18 or to any users suspended or removed from the system by the Pharos Project for any reason. Users may not have more than one active account.  Additionally, users are prohibited from selling, trading, or otherwise transferring your Pharos Project account to another party. If you do not qualify, you may not participate in the Pharos Project Beta testing.

Use of Pharos Project Tools 
Your use of Pharos Project Tools is governed by this User Agreement. The Pharos Project may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify the Pharos Project of any unauthorized use of your password or account or any other breach of security. Pharos Project cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

User Conduct
You understand and agree not to use Pharos Project Tools to:
1.Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable. 
2.Use the Pharos Project for any illegal purpose, including but not limited to conspiring to violate laws. 
3.Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present. 
4.Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). 
5.Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights. 
6.Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to a) Using Pharos Project invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) Using Pharos Project to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases. 
7.Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 
8.Stalk or harass anyone. 
9.Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Pharos Project. 
10.Post content in fields that aren't intended for that content. Example: Putting an address in a name or title field. 
11.Interfere with or disrupt the Pharos Project or servers or networks connected to the Pharos Project, or disobey any requirements, procedures, policies or regulations of networks connected to the Pharos Project.

Term of This Agreement
Your rights with respect to the Beta Software will terminate upon the earlier of (a) the initial release by the Pharos Project of a generally available version of the Pharos Tools or (b) six months after the last date you registered with the Pharos Project or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof.

Limitation of Liability
Provision of any Pharos Project Tool under this Agreement is experimental and shall not create any obligation for the Pharos Project to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop the Pharos Product Library or any other Pharos Project Tool either to the user or to any other party.

PHAROS PROJECT HAS NO CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR USE OF ANY PHAROS PROJECT TOOL.  THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, AND BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL THE PHAROS PROJECT BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF THE PHAROS PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination 
You agree that the Pharos Project may, with or without cause, immediately terminate your Pharos Project account and access to the Pharos Project Tools without prior notice. Without limiting the foregoing, the following will lead to a termination by the Pharos Project of a user's use of the Pharos Project (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Pharos Project account includes removal of access to all offerings within the Pharos Project and may also bar you from further use of the Pharos Project. Furthermore, you agree that all terminations shall be made in the Pharos Project's sole discretion and that the Pharos Project shall not be liable to you nor any third-party for any termination of your account or access to the Pharos Project.

International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless the Pharos Project, any of the Project Partners, the Healthy Building Network or the Institute for Local Self Reliance, their officers, employees, agents, subsidiaries, affiliates and any other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Pharos Project; ii) unauthorized access to or alteration of your communications with or through the Pharos Project, or iii) any other matter relating to the Pharos Project. Any business transactions which may arise between users from their use of Pharos Project are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Pharos Project may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Pharos Project, its users, and the public.

Entire Agreement
The User Agreement constitutes the entire agreement between you and Pharos Project and governs your use of the Pharos Project, superseding any prior agreements between you and Pharos Project.

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING ANY PHAROS PROJECT TOOLS.  THE PHAROS LENS & LABEL ARE TRADEMARKED.  BY USING ANY PHAROS PROJECT TOOL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT PARTICIPATE IN THIS BETA TEST PERIOD.

THIS AGREEMENT IS A LEGAL AGREEMENT CONCERNING THE USE OF PHAROS PROJECT TOOLS, BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A SINGLE BUSINESS ENTITY AND THE PHAROS PROJECT. THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH PHAROS PROJECT RELATING TO THE PHAROS TOOLS.

Assent to Be Bound
By clicking the "I accept the terms..." checkbox on the beta tester page, by executing a written copy of this Agreement, or by using any Pharos Project Tools, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not use or participate in the Pharos Project Beta testing phase.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PHAROS PROJECT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PHAROS PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PHAROS PROJECT'S TOTAL CUMULATIVE DAMAGES EXCEED US $100.

Governing Law
The User Agreement between you and the Pharos Project will be governed by and construed in accordance with the laws of the District of Columbia without regard to conflict of laws principles.

General Information
Pharos Project, the Pharos Project logo, the Pharos Project tagline and other Pharos Project logos and names are trademarks of the Pharos Project and the Healthy Building Network. You agree not to display or use these trademarks in any manner inconsistent with Pharos Project's principles and/or without prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:

Pharos Project
A Project of the Healthy Building Network
927 15th Street, NW, 4th Floor
Washington, DC  20005

* I agree to the terms of the Pharos Project Beta License Agreement

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