Last updated: February 2025
1. Agreement
By requesting a license or using the OpenDSO software ("Software"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, do not use the Software.
2. License Grant
Subject to these Terms and payment of applicable fees, Open Energy Solutions, Inc. ("OES") grants you a limited, non-exclusive, non-transferable, revocable license to use the Software in accordance with your selected plan. The license is:
- Limited to the number of installations specified in your plan
- Restricted to the features included in your plan
- Bound to the environment(s) in which the installation key is first validated
- Valid only for the license holder's internal business use
3. Restrictions
You may not:
- Sublicense, sell, lease, or distribute the Software or your license credentials to any third party
- Reverse engineer, decompile, or disassemble the Software
- Circumvent or attempt to circumvent any license validation or enforcement mechanisms
- Share installation keys or license keys across organizations or environments beyond your plan's allowance
- Use the Software for any purpose that violates applicable laws or regulations
4. Credential Security
You are responsible for safeguarding your license key and installation keys. OES cannot recover installation keys after initial issuance. You must notify OES immediately if you believe your credentials have been compromised. OES reserves the right to revoke compromised credentials and issue replacements.
5. Termination
OES may terminate or suspend your license at any time for breach of these Terms. Upon cancellation, a 7-day grace period applies during which the Software will continue to operate with warnings. After the grace period, the license becomes invalid and the Software will cease to function. You may request cancellation of your license at any time by contacting OES.
6. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. OES DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
7. Limitation of Liability
IN NO EVENT SHALL OES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY.
8. Changes to Terms
OES reserves the right to modify these Terms at any time. Material changes will be communicated via email or through the Software. Continued use of the Software after changes take effect constitutes acceptance of the revised Terms.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
10. Contact
For questions about these Terms, please contact support@openenergysolutions.com.