NATIONAL RENEWABLE ENERGY LABORATORY

Terms and Conditions

End User Image License Agreement

IMPORTANT- PLEASE READ CAREFULLY: This End User License Agreement ("Agreement") is a legal agreement between you (in your capacity as an individual and as an agent for your company, institution or other entity) (collectively, "you" or "Licensee") and the Alliance for Sustainable Energy, the Department of Energy (“DOE”) contract-operator of the National Renewable Energy Laboratory ("NREL"). Downloading, displaying, using, or copying of the Image (as defined below) by you or by a third party on your behalf indicates your agreement to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not download, display or use the Image.

1. License Grant. Subject to receipt by NREL of any required DOE approvals, NREL grants you, and you hereby accept, a non-exclusive, royalty-free revocable license to download, display, use and copy the image selected by you and provided by NREL (collectively, the "Image"), subject to the following terms and conditions:

(a) You may use the Image in any media for any purpose except pornographic, defamatory, libelous or otherwise unlawful purposes.

(b) You may copy the Image to the extent reasonably necessary to exercise the foregoing license; provided however that all copies of the Image shall be subject to the terms of this Agreement;

(c) NREL retains the rights to terminate this Agreement and withdraw its consent to the continued use, display or reproduction of the Image in any work, and expressly when the purpose of such use does not advance the educational or scientific mission of NREL.

2. U.S. Government Rights. The Image was developed under funding from the DOE and the U.S. Government consequently retains certain rights as follows: the U.S. Government has been granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable, worldwide license in the Image to reproduce and display publicly. The U.S. Government is granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable, worldwide license to reproduce, prepare derivative works, distribute copies to the public, perform publicly and display publicly the Image, and to permit others to do so.

3. Warranty Disclaimer. The image is supplied "as is" without warranty of any kind. NREL, the U.S. Government, the DOE, and their employees: (1) disclaim any warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, (2) do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of the Image, and (3) do not represent that use of the Image would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by its trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by NREL, the U.S. Government, the DOE, or any agency thereof.

4. Limitation of Liability. In no event will NREL be liable for any indirect, incidental, consequential, special or punitive damages of any kind or nature, including but not limited to loss profits, for any reason whatsoever, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if NREL has been warned of the possibility of such loss or damages.

5. Indemnity. You shall indemnify, defend, and hold harmless NREL, the DOE, the U.S. Government, the creators of the Image, sponsors, and their agents, officers, and employees, against any and all claims, suits, losses, damages, costs, fees, and expenses arising out of or in connection with this Agreement. You shall pay all costs incurred by NREL in enforcing this provision, including reasonable attorney fees.

6. Term and Termination. The license granted to you under this Agreement will continue perpetually unless terminated by NREL in accordance with this Agreement. If you breach any term of this Agreement, and fail to cure such breach within thirty (30) days of the date of written notice, this Agreement shall immediately terminate. Upon any such termination, you shall immediately cease using the Image, return it, and all copies to NREL, or destroy, all copies of the Image, and provide NREL with written certification of your compliance with the foregoing. Termination shall not relieve you from your obligations arising prior to such termination. Notwithstanding any provision of this Agreement to the contrary, Sections 3 through 8 shall survive termination of this Agreement.

7. Export Control. You shall observe all applicable United States and foreign laws and regulations (if any) with respect to the export, re-export, diversion or transfer of the Image, related technical data and direct products thereof, including, without limitation, the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations. The export of any technology from the United States, including without limitation the Image and related technical data, may require some form of export control license from the U.S. Government and, pursuant to U.S. laws, and failure to obtain any required export control license may result in criminal liability under U.S. laws.

8. General. This Agreement shall be governed by the laws of the State of Colorado, excluding its rules governing conflicts of laws. This Agreement is binding upon and shall inure to the benefit of NREL, its successors and assigns. This Agreement represents the entire understanding of the parties, and supersedes all previous communications, written or oral, relating to the subject of this Agreement.

9. By downloading, displaying, using, or copying the Image, and/or clicking the "I Agree" button, you are indicating your acceptance of the terms and conditions herein.