RigData®, grants to Subscriber a limited, non-exclusive, non-transferable, revocable, single-person license to use the newsletters for Subscriber’s internal business purposes.  The subscription may be used only by the Subscriber’s authorized user.  In addition and notwithstanding anything to the contrary herein, the newsletters may not in any event be used or be permitted to be used in any manner that is competitive with RigData®’s distribution of the subscription.  Subscriber may not make copies of the newsletters without the permission of RigData®.

Subscribers

Subscribers will be those persons or entities who have (1) consented to the terms of this Agreement, (2) subscribed to the RigData® newsletter, (3) been approved by RigData®, and (4) paid all subscription fees.

Services Provided

RigData® provides the following services (hereinafter referred to as “Services”) to Subscribers:  (1) provision of information by periodic newsletters; (2) other services that RigData®  decides to provide to Subscribers based on its own judgment.  The content, timing, and duration of availability, method of provision, and all other matters pertaining to the Services will be determined at the discretion and judgment of RigData®.

Proprietary Rights

All RigData® newsletters are the proprietary data of RigData® and are protected by United States copyright law and shall not be modified, reproduced, distributed, resold, transmitted, displayed, published, assigned, disseminated, allowed access to or convey any portion of such newsletters, or any derivation, revision or combination thereof, without prior, written permission of RigData®.  Subscriber shall not be authorized to alter or remove any trademark, copyright or other notice from the newsletters.  Subscriber expressly acknowledges that the newsletters are prepared by RigData® through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money.  Subscriber agrees to protect all copyright and other proprietary rights of RigData®.

Terms and Termination

The subscription shall take effect as of the Period Starting Date shown on this invoice.  The date the subscription is initiated is the “Period Starting Date.”  Fees for the subscription will start to accrue on the Period Starting Date.  Subscriber will be billed on a prorated basis for the period between the Period Starting Date and termination date.  This subscription shall continue in effect for the Initial Term specified above which shall commence on the Period Starting Date.  Subscriber may terminate this subscription by giving written notice to RigData® prior to the next Period Starting Date on which the termination will be effective, according to the procedure specified in the RigData® newsletter.

Subscription Fees

Subscriber shall pay RigData® the fees subscribed above and in any addendum to the subscription upon receipt of invoice by Subscriber.  RigData® reserves the right to change the subscription fees upon prior, written notice, and Subscriber agrees to pay in accordance with any new fee schedule.  Notwithstanding the foregoing, Subscriber may terminate this subscription in the event of any fee increase by providing written notice to RigData® prior to the next Period Starting Date.  RigData® shall have the right to terminate a Subscriber’s access to the newsletters immediately and without notice if a Subscriber has not paid amounts owed hereunder upon receipt of invoice.

Disclaimer of Warranties

RigData® will use its commercial efforts to obtain and provide quality information in the newsletters.  RigData® neither represents nor endorses the accuracy or reliability of any portion of the newsletters or information continued therein.  Subscriber acknowledges that any reliance upon any portion of the newsletters is at Subscriber’s own risk.  To the maximum extent permitted by applicable law, the newsletters are distributed on an “as is” basis without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability, non-infringement or fitness for a particular purpose.  Subscriber hereby acknowledges that the use of the newsletters is at its sole risk.

Limitation of Liability

The subscriber assumes the sole responsibility for its use of the newsletters.  RigData® will not be liable for direct, indirect, special punitive, incidental, consequential or other damages (including without limitation, loss of business profits, business interruption, loss of business information, or other pecuniary RigData® has been advised of the possibility of such damages.  In no event shall RigData®’s liability exceed the subscription fee for the newsletters that gave rise to the claim.

Scope of Agreement

All provisions and instructions announced by RigData® to Subscribers from time to time by written notification in its newsletter or by mail will constitute part of the Agreement.  When one week has passed from the time of such an announcement by RigData®, it will be understood that all Subscribers have consented to the provisions announced and are obligated to observe them.

Revision of Agreement

RigData® reserves the right to revise this Agreement at its own discretion without obtaining the prior consent of Subscribers.  Revisions made to this Agreement will also constitute an integral part of the Agreement.  When one week has passed from the time of an announcement of a revision, it will be understood that all Subscribers have consented to the revision.

Notification of Subscriber Changes

Subscribers will notify RigData® immediately by the procedure specified in the RigData® newsletter of any changes in their name, address, or other details reported to RigData®, whenever such changes occur.  RigData® will not assume any responsibility for any disadvantage suffered by Subscribers because such notification was not made.

Governing Law

Subscriber and RigData® agree that this Agreement, and any revisions, is governed by and will be construed in accordance with the substantive laws of the State of Texas.

RigData® Continuous Subscription Program

By electing to enroll in the RigData® Continuous Subscription Program, Subscriber authorizes RigData® to automatically charge Subscriber’s credit card an amount  equal to the annual rate for the RigData® newsletter then in effect.  Upon expiration of the Initial Term, Subscriber  agrees that this subscription will be automatically renewed for additional terms, each such term being referred to herein as a “Renewal Term.”  Subscriber may terminate this subscription during any Renewal Term by giving written notice to RigData® prior to the next Period Stating Date on which the termination will be effective, according to the procedure specified in the RigData® newsletter.  Subscriber shall give RigData® 30 days notice to discontinue automatic monthly credit card billing.  Subscription paid by automatic credit card billing may be discontinued by RigData® if the credit card expires, unless the new expiration date is given to RigData® prior to card expiration.